Amends TCA Title 24; Title 37; Title 39 and Title 63.

This bill creates an evidentiary privilege that makes a communication between a human trafficking victim advocate ("advocate") or trained volunteer ("volunteer") and a human trafficking victim ("victim") confidential if it is not intended to be disclosed to third persons other than the following: <br /> <br /> (1) Those persons present to further the interest of the victim in the consultation, examination, or interview;<br /> <br /> (2) Those persons necessary for the transmission of the communication; and <br /> <br /> (3) Those persons to whom disclosure is reasonably necessary to accomplish the purposes for which the advocate or volunteer is consulted.<br /> <br /> This bill provides that a victim has a privilege to refuse to disclose, and to prevent another person from disclosing, a confidential communication made by the victim to an advocate or volunteer, or a record made by an advocate or volunteer, in the course of advising, counseling, or providing services to the victim. A confidential communication or record may be disclosed only with the prior written consent of the victim. This privilege includes any advice given by the advocate or volunteer to the victim in the course of that relationship. <br /> <br /> The privilege created by this bill may be claimed by the victim or the victim’s attorney on the victim’s behalf; the guardian or conservator of the victim; the personal representative of a deceased victim; and the advocate or volunteer, but only on behalf of the victim. The authority of an advocate or volunteer to claim the privilege is presumed in the absence of evidence to the contrary.<br /> <br /> In order for the privilege to be applicable, an advocate or volunteer must complete 24 hours of human trafficking training delivered by the Tennessee bureau of investigation and within three years after completing the training, complete an eight-hour human trafficking update course. However, this privilege does not apply in an action brought by the victim against the anti-human trafficking organization or the organization’s employees or volunteers. <br /> <br /> This bill further requires that, for each instance of a human trafficking offense including involuntary labor servitude; trafficking persons for forced labor or services; trafficking for commercial sexual acts; patronizing prostitution; and promoting prostitution, a separate crime is committed and a separate punishment is authorized. This bill encourages each district attorney general to adopt a pro-prosecution policy for human trafficking offenses. After consulting the victim, or making a good faith attempt to consult the victim, a district attorney general must determine the appropriate criminal charges, if any, even in circumstances when there is no cooperation from a victim or over the objection of the victim, if necessary. <br /> <br /> GUARDIAN AD LITEM<br /> <br /> In addition, a child, who is determined by the court to have been a potential victim of a human trafficking offense, including the offenses mentioned above, is entitled to a guardian ad litem, at no cost to the child or the child’s parents, for any delinquency, unruly, or dependency and neglect proceeding. <br /> <br /> CONTINUING EDUCATION FOR NURSES<br /> <br /> This bill requires all nurses to complete a minimum of two hours of continuing education on human trafficking prior to renewal of the nurses’ licensure registrations. The continuing education course must consist of data and information on:<br /> <br /> (1) The types of human trafficking, such as labor and sex, and the extent of human trafficking; <br /> <br /> (2) Factors that place a person at greater risk of being a victim of human trafficking; <br /> <br /> (3) Public and private social services available for rescue, food, clothing, and shelter referrals; <br /> <br /> (4) Hotlines for reporting human trafficking which are maintained by the National Human trafficking Resource Center and the United States Department of Homeland Security; <br /> <br /> (5) Validated assessment tools for identifying a victim and general indicators that a person may be a victim;<br /> <br /> (6) Procedures for sharing information related to human trafficking with a patient and referral options for legal and social services. <br /> <br /> This bill requires the board of nursing to include on an application for renewal of licensure registration a place to provide information on completion of continuing education. The board of nursing must not issue a renewal of licensure registration if the applicant has not completed the continuing education required by this bill.<br />