PRIOR PRINTER'S NOS. 1418, 1912 PRINTER'S NO. 2582
No. 1230 Session of 1989
INTRODUCED BY MAINE, MILLER, TANGRETTI, HECKLER, LASHINGER,
DeWEESE, STUBAN, BOYES, MORRIS, TIGUE, BUNT, DALEY, TRELLO,
ITKIN, NOYE, JAROLIN, KOSINSKI, PISTELLA, WILLIAMS, ROBINSON,
COY, COLAIZZO, GIGLIOTTI, KUKOVICH, JOHNSON, VAN HORNE,
HAYDEN, JOSEPHS, RUDY, YANDRISEVITS, BISHOP, CAWLEY,
PRESSMANN, VEON, HERSHEY, MELIO, STABACK, CIVERA, RITTER,
BELARDI, E. Z. TAYLOR, COLAFELLA, LINTON, KASUNIC, SERAFINI,
BILLOW, RICHARDSON AND JAMES, APRIL 19, 1989
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 11, 1989
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 access to and disclosure of certain confidential information
4 and for confidential communications with sexual assault
5 counselors.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 5945.1 of Title 42 of the Pennsylvania
9 Consolidated Statutes is amended to read:
10 § 5945.1. Confidential communications [to] with sexual assault
11 counselors.
12 (a) Definitions.--As used in this section, the following
13 words and phrases shall have the meanings given to them in this
14 subsection:
15 "COPARTICIPANT." A VICTIM PARTICIPATING IN GROUP COUNSELING. <--
16 "Rape crisis center." Any office, institution or center
1 offering assistance to victims of sexual assault and their
2 families through crisis intervention, medical and legal
3 accompaniment and follow-up counseling.
4 "Sexual assault counselor." A person who is engaged in any
5 office, institution or center defined as a rape crisis center
6 under this section, who has undergone 40 hours of sexual assault
7 training and is under the control of a direct services
8 supervisor of a rape crisis center, whose primary purpose is the
9 rendering of advice, counseling or assistance to victims of
10 sexual assault.
11 "Victim." A person who consults a sexual assault counselor
12 for the purpose of securing advice, counseling or assistance
13 concerning a mental, physical or emotional condition caused or
14 reasonably believed to be caused by a sexual assault. The term
15 shall also include those persons who have a significant
16 relationship with a victim of sexual assault and who seek
17 advice, counseling or assistance from a sexual assault counselor
18 concerning a mental, physical or emotional condition caused or
19 reasonably believed to be caused by a sexual assault of a
20 victim.
21 "Confidential communication." [Information] All information,
22 oral or written, transmitted between a victim of sexual assault
23 and a sexual assault counselor in the course of [that] their
24 relationship [and in confidence by a means which, so far as the
25 victim is aware, does not disclose the information to a third
26 person other than those who are present to further the interests
27 of the victim in the consultation or those to whom disclosure is
28 reasonably necessary for the transmission of the information or
29 an accomplishment of the purposes for which the sexual assault
30 counselor is consulted. The term includes all information
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1 received by the sexual assault counselor in the course of that
2 relationship] including, but not limited to, any advice,
3 reports, statistical data, memoranda, working papers, records or
4 the like, given or made during that relationship.
5 (b) Privilege.--[A sexual assault counselor has a privilege
6 not to be examined as a witness in any civil or criminal
7 proceeding without the prior written consent of the victim being
8 counseled by the counselor as to any confidential communication
9 made by the victim to the counselor or as to any advice, report
10 or working paper given or made in the course of the
11 consultation.] No sexual assault counselor, may, without the <--
12 written
13 (1) NO SEXUAL ASSAULT COUNSELOR MAY, WITHOUT THE WRITTEN <--
14 consent of the victim, disclose the victim's confidential
15 ORAL OR WRITTEN communications to the counselor nor consent <--
16 to be examined in any court or criminal proceeding.
17 (c) Extension of privilege.--No person or coparticipant, <--
18 who, with the consent of the victim, is present to further the
19 interests of the victim and necessary to aid the victim or
20 sexual assault counselor, may disclose the victim's confidential
21 communications to the counselor nor consent to be examined in
22 (2) NO COPARTICIPANT WHO IS PRESENT DURING COUNSELING <--
23 MAY DISCLOSE A VICTIM'S CONFIDENTIAL COMMUNICATION MADE
24 DURING THE COUNSELING SESSION NOR CONSENT TO BE EXAMINED IN
25 any civil or criminal proceeding without the written consent
26 of the victim.
27 Section 2. This act shall take effect immediately.
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