CHAPTER 6. PRIVILEGED COMMUNICATIONS AND VICTIM COUNSELING
IC 35-37-6
Chapter 6. Privileged Communications and Victim Counseling
IC 35-37-6-1
"Confidential communication" defined
Sec. 1. (a) As used in this chapter, "confidential communication"means any information:
(1) exchanged between a victim and a victim advocate in thecourse of the relationship between the victim and the victimadvocate;
(2) exchanged or disclosed in a support group in which a victimis or was a participant; or
(3) exchanged in the presence of a third person who facilitatesor facilitated communication between a victim and a victimadvocate.
(b) The term includes communication that is verbal or written andincludes:
(1) advice;
(2) notes;
(3) reports;
(4) statistical data;
(5) memoranda;
(6) working papers;
(7) records; and
(8) personally identifying information;
produced in the course of advocating for a victim.
As added by P.L.136-1987, SEC.5. Amended by P.L.104-2008,SEC.7.
IC 35-37-6-1.5
"Confidential information" defined
Sec. 1.5. (a) As used in this chapter, "confidential information"includes:
(1) personally identifying information;
(2) descriptions of physical appearance;
(3) the case file; and
(4) the case history;
of a person who seeks, receives, or has received services from avictim advocate.
(b) The term does not include:
(1) information disclosed to a victim service provider or avictim advocate if the victim:
(A) files criminal charges;
(B) institutes a civil lawsuit; or
(C) reports allegations of criminal conduct to a lawenforcement agency;
against the victim service provider or victim advocate; and
(2) alleged child abuse or neglect that is required to be reportedunder IC 31-33.
As added by P.L.104-2008, SEC.8.
IC 35-37-6-2
Repealed
(Repealed by P.L.104-2008, SEC.24.)
IC 35-37-6-2.5
"Personally identifying information" defined
Sec. 2.5. (a) As used in this chapter, "personally identifyinginformation" means information that identifies a victim or thelocation where domestic violence, dating violence, sexual assault, orstalking occurred, including the victim's:
(1) name;
(2) mailing and physical address;
(3) electronic mail address;
(4) Internet protocol address;
(5) telephone numbers, including facsimile numbers;
(6) Social Security number;
(7) date of birth;
(8) racial or ethnic background; and
(9) religious affiliation.
(b) The term includes any other information that, in combinationwith other nonpersonally identifying information, would identify anindividual.
As added by P.L.104-2008, SEC.9.
IC 35-37-6-3
"Victim" defined
Sec. 3. As used in this chapter, "victim" means:
(1) an individual against whom an act of:
(A) domestic or family violence;
(B) dating violence;
(C) sexual assault (as defined in IC 5-26.5-1-8);
(D) human and sexual trafficking (IC 35-42-3.5); or
(E) stalking (IC 35-45-10-5);
is committed; or
(2) an individual:
(A) who is not accused of committing an act of domestic orfamily violence, dating violence, sexual assault (as definedin IC 5-26.5-1-8), human and sexual trafficking (IC35-42-3.5), or stalking (IC 35-45-10-5); and
(B) who:
(i) is a member of the family of an individual described insubdivision (1); but
(ii) is not a family member who is accused of committingan act of domestic or family violence, dating violence,sexual assault (as defined in IC 5-26.5-1-8), human andsexual trafficking (IC 35-42-3.5), or stalking (IC35-45-10-5).
As added by P.L.136-1987, SEC.5. Amended by P.L.104-2008,SEC.10.
IC 35-37-6-3.5
"Victim advocate" defined
Sec. 3.5. (a) As used in this chapter, "victim advocate" means anindividual employed or appointed by or who volunteers for a victimservices provider.
(b) The term does not include:
(1) a law enforcement officer;
(2) an employee or agent of a law enforcement officer;
(3) a prosecuting attorney; or
(4) an employee or agent of a prosecuting attorney's office.
(c) The term includes an employee, an appointee, or a volunteerof a:
(1) victim services provider;
(2) domestic violence program;
(3) sexual assault program;
(4) rape crisis center;
(5) battered women's shelter;
(6) transitional housing program for victims of domesticviolence; or
(7) program that has as one (1) of its primary purposes toprovide services to an individual:
(A) against whom an act of:
(i) domestic or family violence;
(ii) dating violence;
(iii) sexual assault (as defined in IC 5-26.5-1-8);
(iv) human and sexual trafficking (IC 35-42-3.5); or
(v) stalking (IC 35-45-10-5);
is committed; or
(B) who:
(i) is not accused of committing an act of domestic orfamily violence, dating violence, sexual assault (as definedin IC 5-26.5-1-8), human and sexual trafficking (IC35-42-3.5), or stalking (IC 35-45-10-5); and
(ii) is a member of the family of an individual described inclause (A) other than a family member who is accused ofcommitting an act of domestic or family violence, datingviolence, sexual assault (as defined in IC 5-26.5-1-8),human and sexual trafficking (IC 35-42-3.5), or stalking(IC 35-45-10-5).
As added by P.L.104-2008, SEC.11.
IC 35-37-6-4
Repealed
(Repealed by P.L.104-2008, SEC.24.)
IC 35-37-6-5
"Victim service provider" defined
Sec. 5. As used in this chapter, "victim service provider" meansa person:
(1) that is: (A) a public agency;
(B) a unit of a public agency; or
(C) an organization that is exempt from federal incometaxation under Section 501 of the Internal Revenue Code;
(2) that is not affiliated with a law enforcement agency;
(3) that has, as one (1) of its primary purposes, to provideservices for emotional and psychological conditions that occurto an individual:
(A) against whom an act of:
(i) domestic or family violence;
(ii) dating violence;
(iii) sexual assault (as defined in IC 5-26.5-1-8);
(iv) human and sexual trafficking (IC 35-42-3.5); or
(v) stalking (IC 35-45-10-5);
is committed; or
(B) who:
(i) is not accused of committing an act of domestic orfamily violence, dating violence, sexual assault (as definedin IC 5-26.5-1-8), human and sexual trafficking (IC35-42-3.5), or stalking (IC 35-45-10-5); and
(ii) is a member of the family of an individual described inclause (A) other than a family member who is accused ofcommitting an act of domestic or family violence, datingviolence, sexual assault (as defined in IC 5-26.5-1-8),human and sexual trafficking (IC 35-42-3.5), or stalking(IC 35-45-10-5).
As added by P.L.136-1987, SEC.5. Amended by P.L.104-2008,SEC.12.
IC 35-37-6-6
Repealed
(Repealed by P.L.104-2008, SEC.24.)
IC 35-37-6-7
Application of chapter
Sec. 7. This chapter does not limit any other testimonial privilegeavailable to a person.
As added by P.L.136-1987, SEC.5.
IC 35-37-6-8
Duty of victim advocate to report
Sec. 8. This chapter does not relieve a victim advocate of any dutyto report suspected abuse, neglect, battery, or exploitation underIC 12-10-3, IC 31-33, or IC 35-46-1-13.
As added by P.L.136-1987, SEC.5. Amended by P.L.3-1989,SEC.222; P.L.2-1992, SEC.875; P.L.1-1997, SEC.144;P.L.104-2008, SEC.13.
IC 35-37-6-9
Confidential communications; compelling testimony; records;
temporary emergency shelters
Sec. 9. (a) The following persons or entities may not be compelledto give testimony, to produce records, or to disclose any informationconcerning confidential communications and confidentialinformation to anyone or in any judicial, legislative, or administrativeproceeding:
(1) A victim.
(2) A victim advocate or victim service provider unless thevictim specifically consents to the disclosure in a writtenauthorization that contains the date the consent expires.
(b) A victim advocate, victim service provider, or victim may notbe compelled to provide testimony in any judicial, legislative, oradministrative proceeding that would identify the name, address,location, or telephone number of any facility that provided temporaryemergency shelter to the victim of the offense or transaction that isthe subject of the proceeding unless the facility is a party to theproceeding.
(c) A victim service provider or victim advocate may not requirea victim to consent to the disclosure of information concerningconfidential communications and confidential information as acondition of the victim receiving services.
(d) This section does not prohibit a victim from providingtestimony concerning an offense.
(e) The consent to disclose information on behalf of:
(1) a child who is less than eighteen (18) years of age and isunemancipated; or
(2) an incapacitated victim;
may be made by a custodial parent, custodian, guardian, or guardianad litem in a written authorization that contains the date the consentexpires.
(f) A consent under subsection (e) may not be given by a custodialparent, custodian, guardian, or guardian ad litem of the victim if thecustodial parent, custodian, guardian, or guardian ad litem:
(1) committed; or
(2) is alleged to have committed;
an offense against the victim.
As added by P.L.136-1987, SEC.5. Amended by P.L.104-2008,SEC.14.
IC 35-37-6-10
Waiver by victim of protections of chapter
Sec. 10. (a) A victim does not waive the protections afforded bythis chapter by testifying in court about an offense. However, if thevictim partially discloses the contents of a confidentialcommunication in the course of testifying, either party may requestthe court to rule that justice requires the protections of this chapterto be waived, to the extent they apply to that portion of thecommunication.
(b) A waiver under this section applies only to the extentnecessary to require any witness to respond to questions concerning
the confidential communication that are relevant to the facts andcircumstances of the case.
As added by P.L.136-1987, SEC.5.
IC 35-37-6-11
Waiver by victim advocate of protection of chapter; disclosure ofconfidential information
Sec. 11. A victim advocate may not waive the protectionsafforded to a victim under this chapter. However, if:
(1) a victim brings suit against a victim advocate or victimservice provider in which the victim advocate was employed orserved as a volunteer at the time of the counseling relationship;and
(2) the suit alleges malpractice during the relationship;
the victim advocate may testify or produce records regardingconfidential communications with the victim and is not liable fordoing so.
As added by P.L.136-1987, SEC.5. Amended by P.L.104-2008,SEC.15.
IC 35-37-6-13
Authorization of release of confidential information
Sec. 13. (a) Except as provided in subsection (d):
(1) a victim; or
(2) in the case of a deceased victim, the victim's personalrepresentative;
may authorize a victim advocate or victim service provider to releaseconfidential information or other information by signing a writtenauthorization that specifies what information will be released and towhom the information will be released.
(b) The authorization described in subsection (a) must include adate the authorization expires.
(c) A victim advocate shall make reasonable attempts to notify avictim when a victim service provider or victim advocate is requiredto disclose confidential information or confidential communications.
(d) A consent for release may not be given by a personalrepresentative of the victim if the personal representative:
(1) abused or killed the victim;
(2) is alleged to have abused or killed the victim; or
(3) assisted another person in abusing or killing the victim.
As added by P.L.104-2008, SEC.16.
IC 35-37-6-14
Prosecuting attorney duty to disclose; victim preservesconfidentiality
Sec. 14. (a) This section does not:
(1) relieve a prosecuting attorney of the constitutional andethical obligation to disclose exculpatory evidence; and
(2) prohibit impeachment of a victim as permitted by theIndiana Rules of Evidence. (b) A victim does not waive any privileges or confidentialityprotections under this chapter if the victim:
(1) testifies about underlying acts of domestic violence, datingviolence, sexual assault, or stalking; or
(2) reveals that he or she used or attempted to use the servicesof a victim service provider or victim advocate.
As added by P.L.104-2008, SEC.17.
IC 35-37-6-15
Partial disclosure
Sec. 15. The partial disclosure of a confidential communicationunder this chapter does not waive any privilege concerning theremainder of the confidential communication.
As added by P.L.104-2008, SEC.18.
IC 35-37-6-16
Refusal to testify
Sec. 16. The fact that a victim or victim advocate refuses to testifyor disclose information because of a privilege under this chapter doesnot raise any negative inferences or presumptions.
As added by P.L.104-2008, SEC.19.
IC 35-37-6-17
Disclosure of information in aggregate form
Sec. 17. A victim service provider may disclose information in theaggregate that does not identify a victim regarding services anddemographic information to comply with federal or state datacollection requirements.
As added by P.L.104-2008, SEC.20.