act-1990-0-183•Pennsylvania Act 1990-183 — JUDICIAL CODE (42 PA.C.S.) - AMEND
Pennsylvania Act 1990-183 — JUDICIAL CODE (42 PA.C.S.) - AMEND
act-1990-0-1831990 Pa. Act 183Law
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
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