Evidence: privileges: human trafficking caseworker-victim privilege.

Existing law establishes the crime of trafficking of a person for forced labor or services or for effecting or maintaining other specified felonies, and the crime of trafficking of a minor for those purposes. Existing law establishes procedures governing the admissibility of evidence in civil and criminal actions in this state. Existing law recognizes various evidentiary privileges, including a victim‑caseworker privilege, under which a human trafficking victim may refuse to disclose, or may prevent another's disclosure of, a confidential communication made to a human trafficking caseworker, as defined. Existing law also sets forth circumstances under which a court may compel the disclosure of information otherwise protected by this privilege, and defines various terms for these purposes. This bill would allow a human trafficking victim's current caseworker to claim the privilege, even if that caseworker was not the victim's caseworker at the time the confidential communication was made, thereby expanding the scope of the privilege. This bill would adjust the definitions of "holder of the privilege" and "human trafficking caseworker" for these purposes, including by expanding the list of topics about which human trafficking caseworkers shall be trained. 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 human trafficking and a human trafficking caseworker in criminal proceedings, the bill would require a23 vote.