Evidentiary privileges: domestic violence counselor-victim privilege.

Existing law relating to legal proceedings generally provides that a person does not have a privilege to refuse to disclose any matter or produce any writing, object, or other thing. However, a victim of domestic violence has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between the victim and a domestic violence counselor. Existing law requires the domestic violence counselor who received or made a communication subject to this privilege to claim the privilege whenever he or she is present when the communication is sought to be disclosed. Existing law defines "domestic violence counselor" to mean a specified person who is employed at a domestic violence victim service organization. Existing law defines "domestic violence victim service organization" to mean a nongovernmental organization or entity that provides shelter, programs, or services to victims of domestic violence and their children, as specified. This bill would expand the definition of "domestic violence victim service organization" to include a public or private institution of higher education, as specified, thereby expanding the scope of the privilege. The California Constitution requires that a statute that would exclude relevant evidence in any criminal proceeding be enacted by a 23 vote of each house of the Legislature. Because this bill would exclude certain communications between a victim of domestic violence and a domestic violence counselor in criminal proceedings, the bill would require a 23 vote.