12-2239

12-2239. Domestic violence victim advocate;
privilege; training; exception; definition

A. In a civil action, a domestic violence victim advocate shall not be examined as
to any communication made by the domestic violence victim to the domestic violence victim
advocate.

B. This section does not apply to a civil action brought pursuant to title 36,
chapter 37, relating to the civil commitment of sexually violent persons.

C. Unless the domestic violence shelter or service provider has immunity under
other provisions of law, the communication is not privileged if the victim advocate knows
or should have known that the victim will give or has given perjurious statements or
statements that would tend to disprove the existence of domestic violence.

D. The domestic violence victim advocate-victim privilege does not extend to cases
in which the domestic violence victim advocate has a duty to report nonaccidental
injuries and physical neglect of minors as required by section 13-3620.

E. A party to an action may make a motion for disclosure of privileged information
under this section and, if the court finds reasonable cause, the court shall hold a
hearing in camera as to whether the privilege should apply.

F. To qualify for the privilege prescribed in this section, a domestic violence
victim advocate must have at least thirty hours of training in assisting victims of
domestic violence. A portion of this training must include an explanation of privileged
communication and the reporting requirements prescribed in section 13-3620.

G. A domestic violence victim advocate who is a volunteer shall perform all
activities under qualified supervision.

H. The training prescribed in subsection F may be provided by the shelter or
service provider or by an outside agency that issues a certificate of completion. The
records custodian of the shelter or service provider must maintain the training
documents.

I. For the purposes of this section, "domestic violence victim advocate" means a
person who is an employee or volunteer at a domestic violence shelter or service provider
for victims of domestic violence and who meets the training requirements of this section.