1037. As used in this article, "victim" means any person who
suffers domestic violence, as defined in Section 1037.7.
1037.1. (a) (1) As used in this article, "domestic violence
counselor" means a person who is employed by a domestic violence
victim service organization, as defined in this article, whether
financially compensated or not, for the purpose of rendering advice
or assistance to victims of domestic violence and who has at least 40
hours of training as specified in paragraph (2).
(2) The 40 hours of training shall be supervised by an individual
who qualifies as a counselor under paragraph (1), and who has at
least one year of experience counseling domestic violence victims for
the domestic violence victim service organization. The training
shall include, but need not be limited to, the following areas:
history of domestic violence, civil and criminal law as it relates to
domestic violence, the domestic violence victim-counselor privilege
and other laws that protect the confidentiality of victim records and
information, societal attitudes towards domestic violence, peer
counseling techniques, housing, public assistance and other financial
resources available to meet the financial needs of domestic violence
victims, and referral services available to domestic violence
victims.
(3) A domestic violence counselor who has been employed by the
domestic violence victim service organization for a period of less
than six months shall be supervised by a domestic violence counselor
who has at least one year of experience counseling domestic violence
victims for the domestic violence victim service organization.
(b) As used in this article, "domestic violence victim service
organization" means a nongovernmental organization or entity that
provides shelter, programs, or services to victims of domestic
violence and their children, including, but not limited to, either of
the following:
(1) Domestic violence shelter-based programs, as described in
Section 18294 of the Welfare and Institutions Code.
(2) Other programs with the primary mission to provide services to
victims of domestic violence whether or not that program exists in
an agency that provides additional services.
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.
1037.3. Nothing in this article shall be construed to limit any
obligation to report instances of child abuse as required by Section
11166 of the Penal Code.
1037.4. As used in this article, "holder of the privilege" means:
(a) The victim when he or she has no guardian or conservator.
(b) A guardian or conservator of the victim when the victim has a
guardian or conservator, unless the guardian or conservator is
accused of perpetrating domestic violence against the victim.
1037.5. A victim of domestic violence, whether or not a party to
the action, has a privilege to refuse to disclose, and to prevent
another from disclosing, a confidential communication between the
victim and a domestic violence counselor in any proceeding specified
in Section 901 if the privilege is claimed by any of the following
persons:
(a) The holder of the privilege.
(b) A person who is authorized to claim the privilege by the
holder of the privilege.
(c) The person who was the domestic violence counselor at the time
of the confidential communication. However, that person may not
claim the privilege if there is no holder of the privilege in
existence or if he or she is otherwise instructed by a person
authorized to permit disclosure.
1037.6. The domestic violence counselor who received or made a
communication subject to the privilege granted by this article shall
claim the privilege whenever he or she is present when the
communication is sought to be disclosed and he or she is authorized
to claim the privilege under subdivision (c) of Section 1037.5.
1037.7. As used in this article, "domestic violence" means
"domestic violence" as defined in Section 6211 of the Family Code.
1037.8. A domestic violence counselor shall inform a domestic
violence victim of any applicable limitations on confidentiality of
communications between the victim and the domestic violence
counselor. This information may be given orally.
1037. As used in this article, "victim" means any person who
suffers domestic violence, as defined in Section 1037.7.
1037.1. (a) (1) As used in this article, "domestic violence
counselor" means a person who is employed by a domestic violence
victim service organization, as defined in this article, whether
financially compensated or not, for the purpose of rendering advice
or assistance to victims of domestic violence and who has at least 40
hours of training as specified in paragraph (2).
(2) The 40 hours of training shall be supervised by an individual
who qualifies as a counselor under paragraph (1), and who has at
least one year of experience counseling domestic violence victims for
the domestic violence victim service organization. The training
shall include, but need not be limited to, the following areas:
history of domestic violence, civil and criminal law as it relates to
domestic violence, the domestic violence victim-counselor privilege
and other laws that protect the confidentiality of victim records and
information, societal attitudes towards domestic violence, peer
counseling techniques, housing, public assistance and other financial
resources available to meet the financial needs of domestic violence
victims, and referral services available to domestic violence
victims.
(3) A domestic violence counselor who has been employed by the
domestic violence victim service organization for a period of less
than six months shall be supervised by a domestic violence counselor
who has at least one year of experience counseling domestic violence
victims for the domestic violence victim service organization.
(b) As used in this article, "domestic violence victim service
organization" means a nongovernmental organization or entity that
provides shelter, programs, or services to victims of domestic
violence and their children, including, but not limited to, either of
the following:
(1) Domestic violence shelter-based programs, as described in
Section 18294 of the Welfare and Institutions Code.
(2) Other programs with the primary mission to provide services to
victims of domestic violence whether or not that program exists in
an agency that provides additional services.
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.
1037.3. Nothing in this article shall be construed to limit any
obligation to report instances of child abuse as required by Section
11166 of the Penal Code.
1037.4. As used in this article, "holder of the privilege" means:
(a) The victim when he or she has no guardian or conservator.
(b) A guardian or conservator of the victim when the victim has a
guardian or conservator, unless the guardian or conservator is
accused of perpetrating domestic violence against the victim.
1037.5. A victim of domestic violence, whether or not a party to
the action, has a privilege to refuse to disclose, and to prevent
another from disclosing, a confidential communication between the
victim and a domestic violence counselor in any proceeding specified
in Section 901 if the privilege is claimed by any of the following
persons:
(a) The holder of the privilege.
(b) A person who is authorized to claim the privilege by the
holder of the privilege.
(c) The person who was the domestic violence counselor at the time
of the confidential communication. However, that person may not
claim the privilege if there is no holder of the privilege in
existence or if he or she is otherwise instructed by a person
authorized to permit disclosure.
1037.6. The domestic violence counselor who received or made a
communication subject to the privilege granted by this article shall
claim the privilege whenever he or she is present when the
communication is sought to be disclosed and he or she is authorized
to claim the privilege under subdivision (c) of Section 1037.5.
1037.7. As used in this article, "domestic violence" means
"domestic violence" as defined in Section 6211 of the Family Code.
1037.8. A domestic violence counselor shall inform a domestic
violence victim of any applicable limitations on confidentiality of
communications between the victim and the domestic violence
counselor. This information may be given orally.
1037. As used in this article, "victim" means any person who
suffers domestic violence, as defined in Section 1037.7.
1037.1. (a) (1) As used in this article, "domestic violence
counselor" means a person who is employed by a domestic violence
victim service organization, as defined in this article, whether
financially compensated or not, for the purpose of rendering advice
or assistance to victims of domestic violence and who has at least 40
hours of training as specified in paragraph (2).
(2) The 40 hours of training shall be supervised by an individual
who qualifies as a counselor under paragraph (1), and who has at
least one year of experience counseling domestic violence victims for
the domestic violence victim service organization. The training
shall include, but need not be limited to, the following areas:
history of domestic violence, civil and criminal law as it relates to
domestic violence, the domestic violence victim-counselor privilege
and other laws that protect the confidentiality of victim records and
information, societal attitudes towards domestic violence, peer
counseling techniques, housing, public assistance and other financial
resources available to meet the financial needs of domestic violence
victims, and referral services available to domestic violence
victims.
(3) A domestic violence counselor who has been employed by the
domestic violence victim service organization for a period of less
than six months shall be supervised by a domestic violence counselor
who has at least one year of experience counseling domestic violence
victims for the domestic violence victim service organization.
(b) As used in this article, "domestic violence victim service
organization" means a nongovernmental organization or entity that
provides shelter, programs, or services to victims of domestic
violence and their children, including, but not limited to, either of
the following:
(1) Domestic violence shelter-based programs, as described in
Section 18294 of the Welfare and Institutions Code.
(2) Other programs with the primary mission to provide services to
victims of domestic violence whether or not that program exists in
an agency that provides additional services.
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.
1037.3. Nothing in this article shall be construed to limit any
obligation to report instances of child abuse as required by Section
11166 of the Penal Code.
1037.4. As used in this article, "holder of the privilege" means:
(a) The victim when he or she has no guardian or conservator.
(b) A guardian or conservator of the victim when the victim has a
guardian or conservator, unless the guardian or conservator is
accused of perpetrating domestic violence against the victim.
1037.5. A victim of domestic violence, whether or not a party to
the action, has a privilege to refuse to disclose, and to prevent
another from disclosing, a confidential communication between the
victim and a domestic violence counselor in any proceeding specified
in Section 901 if the privilege is claimed by any of the following
persons:
(a) The holder of the privilege.
(b) A person who is authorized to claim the privilege by the
holder of the privilege.
(c) The person who was the domestic violence counselor at the time
of the confidential communication. However, that person may not
claim the privilege if there is no holder of the privilege in
existence or if he or she is otherwise instructed by a person
authorized to permit disclosure.
1037.6. The domestic violence counselor who received or made a
communication subject to the privilege granted by this article shall
claim the privilege whenever he or she is present when the
communication is sought to be disclosed and he or she is authorized
to claim the privilege under subdivision (c) of Section 1037.5.
1037.7. As used in this article, "domestic violence" means
"domestic violence" as defined in Section 6211 of the Family Code.
1037.8. A domestic violence counselor shall inform a domestic
violence victim of any applicable limitations on confidentiality of
communications between the victim and the domestic violence
counselor. This information may be given orally.
