Section 1038.1 Of Article 8.8. Human Trafficking Caseworker-victim Privilege From California Evidence Code >> Division 8. >> Chapter 4. >> Article 8.8.
1038.1
. (a) The court may compel disclosure of information received
by a human trafficking caseworker that constitutes relevant evidence
of the facts and circumstances involving a crime allegedly
perpetrated against the victim and that 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.
(b) 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 those
other persons that the person authorized to claim the privilege
consents to have present.
(c) 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. 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 paragraphs (1), (2), and (3) of Section 1035.4 shall be followed.