Amends TCA Title 24; Title 36 and Title 39.

This bill generally prohibits an employee or volunteer of a domestic violence shelter, crisis line, or victim services provider that provides services for victims of domestic violence, sexual assault, stalking, or human trafficking, and who has completed a minimum of 20 hours of relevant training ("advocate"), from disclosing any of the following in a judicial, legislative, or administrative proceeding, except when a report of abuse is otherwise required by law: <br /> <br /> (1) A communication; <br /> <br /> (2) Records regarding a victim stored by the advocate in the course of business; <br /> <br /> (3) Counseling that a victim received; <br /> <br /> (4) Crisis intervention services that a victim received; or <br /> <br /> (5) The location of the shelter that accommodated a victim. <br /> <br /> WAIVERS<br /> <br /> This bill authorizes the victim to waive by express written consent the privilege of the confidential communications described above. However, this bill clarifies that a victim's consent is not implied when the victim is a party to such a proceeding and that the privilege terminates upon the victim's death.<br /> <br /> Additionally, if the victim files a lawsuit against an advocate or a victim services provider, then this bill does not limit the ability of the advocate or provider from raising a defense when the confidential communications are relevant to a claim or defense. As used in this bill, "victim services provider" does not include a law enforcement agency, the department of children's services, the department of human services, the division of adult protective services, or the office of a district attorney general.<br /> <br /> COURT'S ABILITY TO COMPEL DISCLOSURE<br /> <br /> This bill does not limit the ability of a court to compel disclosure if, upon the motion of a party, the court determines the following after an in-camera review:<br /> <br /> (1) The information sought is relevant and material evidence of the facts and circumstances involved in an alleged criminal act that is the subject of a criminal proceeding; <br /> <br /> (2) The probative value of the information outweighs the harmful effect of disclosure, if any, on the victim, the victim-advocate relationship, and the treatment services; and <br /> <br /> (3) The information cannot be obtained by reasonable means from any other source.<br /> <br /> APPLICABILITY<br /> <br /> This bill does not:<br /> <br /> (1) Apply to advocates with child advocacy centers and child protective investigator teams;<br /> <br /> (2) Limit access to records by the department of children's services when the department is investigating an allegation of child abuse or neglect; or<br /> <br /> (3) Limit or expand the ability of law enforcement to make arrangements with a shelter in order to serve legal papers or process on an abused person staying there.<br /> <br /> ON APRIL 13, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1205, AS AMENDED.<br /> <br /> AMENDMENT #1 revises the provisions relative to a court's ability to compel disclosure, to provide that this bill does not limit the ability of a court to compel disclosure if, upon the motion of a party, the court determines after an in-camera review that:<br /> <br /> (1) The information sought is relevant and material evidence of the facts and circumstances involved in an alleged criminal act that is the subject of a criminal proceeding or a proceeding brought by the department of children's; <br /> <br /> (2) The probative value of the information outweighs the harmful effect of disclosure, if any, on the victim, the victim-advocate relationship, and the treatment services; and <br /> <br /> (3) The information cannot be obtained by reasonable means from any other source.<br />