Pennsylvania Act 1990-183 — JUDICIAL CODE (42 PA.C.S.) - AMEND

Act text

JUDICIAL CODE (42 PA.C.S.) - AMEND
                 Act of Dec. 17, 1990, P.L. 737, No. 183              Cl. 42
                             Session of 1990
                               No. 1990-183

                                  AN ACT

     HB 1230

     Amending Title 42 (Judiciary and Judicial Procedure) of the
        Pennsylvania Consolidated Statutes, further providing for
        access to and disclosure of certain confidential information
        and for confidential communications with sexual assault
        counselors.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 5945.1 of Title 42 of the Pennsylvania
     Consolidated Statutes is amended to read:
      § 5945.1.  Confidential communications [to] with sexual assault
                        counselors.
        (a)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Coparticipant."  A victim participating in group counseling.
        "Rape crisis center."  Any office, institution or center
     offering assistance to victims of sexual assault and their
     families through crisis intervention, medical and legal
     accompaniment and follow-up counseling.
        "Sexual assault counselor."  A person who is engaged in any
     office, institution or center defined as a rape crisis center
     under this section, who has undergone 40 hours of sexual assault
     training and is under the control of a direct services
     supervisor of a rape crisis center, whose primary purpose is the
     rendering of advice, counseling or assistance to victims of
     sexual assault.
        "Victim."  A person who consults a sexual assault counselor
     for the purpose of securing advice, counseling or assistance
     concerning a mental, physical or emotional condition caused or
     reasonably believed to be caused by a sexual assault. The term
     shall also include those persons who have a significant
     relationship with a victim of sexual assault and who seek
     advice, counseling or assistance from a sexual assault counselor
     concerning a mental, physical or emotional condition caused or
     reasonably believed to be caused by a sexual assault of a
     victim.
        "Confidential communication."  [Information] All information,
     oral or written, transmitted between a victim of sexual assault
     and a sexual assault counselor in the course of [that] their
     relationship [and in confidence by a means which, so far as the
     victim is aware, does not disclose the information to a third
     person other than those who are present to further the interests
     of the victim in the consultation or those to whom disclosure is
     reasonably necessary for the transmission of the information or
     an accomplishment of the purposes for which the sexual assault
     counselor is consulted. The term includes all information
     received by the sexual assault counselor in the course of that
     relationship], including, but not limited to, any advice,
     reports, statistical data, memoranda, working papers, records or
     the like, given or made during that relationship.
        (b)  Privilege.--[A sexual assault counselor has a privilege
     not to be examined as a witness in any civil or criminal
     proceeding without the prior written consent of the victim being
     counseled by the counselor as to any confidential communication
     made by the victim to the counselor or as to any advice, report
     or working paper given or made in the course of the
     consultation.]
            (1)  No sexual assault counselor may, without the written
        consent of the victim, disclose the victim's confidential
        oral or written communications to the counselor nor consent
        to be examined in any court or criminal proceeding.
            (2)  No coparticipant who is present during counseling
        may disclose a victim's confidential communication made
        during the counseling session nor consent to be examined in
        any civil or criminal proceeding without the written consent
        of the victim.
        Section 2.  This act shall take effect immediately.

     APPROVED--The 17th day of December, A. D. 1990.

     ROBERT P. CASEY