Section 1037.2 Of Article 8.7. Domestic Violence Counselor-victim Privilege From California Evidence Code >> Division 8. >> Chapter 4. >> Article 8.7.
1037.2
. (a) As used in this article, "confidential communication"
means any information, including, but not limited to, written or oral
communication, transmitted between the victim and the counselor in
the course of their relationship and in confidence by a means which,
so far as the victim is aware, discloses the information to no third
persons other than those who are present to further the interests of
the victim in the consultation or those to whom disclosures are
reasonably necessary for the transmission of the information or an
accomplishment of the purposes for which the domestic violence
counselor is consulted. The term includes all information regarding
the facts and circumstances involving all incidences of domestic
violence, as well as all information about the children of the victim
or abuser and the relationship of the victim with the abuser.
(b) The court may compel disclosure of information received by a
domestic violence counselor which constitutes relevant evidence of
the facts and circumstances involving a crime allegedly perpetrated
against the victim or another household member and which is the
subject of a criminal proceeding, if the court determines that the
probative value of the information outweighs the effect of disclosure
of the information on the victim, the counseling relationship, and
the counseling services. The court may compel disclosure if the
victim is either dead or not the complaining witness in a criminal
action against the perpetrator. The court may also compel disclosure
in proceedings related to child abuse if the court determines that
the probative value of the evidence outweighs the effect of the
disclosure on the victim, the counseling relationship, and the
counseling services.
(c) When a court rules on a claim of privilege under this article,
it may require the person from whom disclosure is sought or the
person authorized to claim the privilege, or both, to disclose the
information in chambers out of the presence and hearing of all
persons except the person authorized to claim the privilege and such
other persons as the person authorized to claim the privilege
consents to have present. If the judge determines that the
information is privileged and shall not be disclosed, neither he nor
she nor any other person may disclose, without the consent of a
person authorized to permit disclosure, any information disclosed in
the course of the proceedings in chambers.
(d) If the court determines that information shall be disclosed,
the court shall so order and inform the defendant in the criminal
action. If the court finds there is a reasonable likelihood that any
information is subject to disclosure pursuant to the balancing test
provided in this section, the procedure specified in subdivisions
(1), (2), and (3) of Section 1035.4 shall be followed.