Chapter 9

6 GCA EVIDENCE DIV . 2 PRINCIPLES OF EVIDENCE CH.9 CERTAIN CONFIDENTIAL COMMUNICATIONS 1 CHAPTER 9 CERTAIN CONFIDENTIAL COMMUNICATIONS § 9101. News Media: Protection of Sources. § 9102. Victim and Crime Victim Advocate Communicat ion. § 9101. News Media: Protection of Sources. (a) Public Policy. In order to protect the public i nterest and the free flow of information, the news media should have the bene fit of a substantial privilege not to reveal sources of information or t o disclose unpublished or untransmitted information. To this end, the freedom of the press and electronic media requires protection of the confide ntial relationship between the news gatherer and the source of information. Th e purpose of this Chapter is to insure and perpetuate, consistent with the pu blic interest, the confi- dential relationship between the news media and its sources. (b) Protection Afforded the Press. A publisher, editor, reporter or other person connected with or employed upon a newspaper, magazine or other periodical publication, or by a press association o r wire service, or any person who has been so connected or employed, canno t be adjudged in contempt by a judicial, legislative,

magazine or other periodical publication, or by a press association o r wire service, or any person who has been so connected or employed, canno t be adjudged in contempt by a judicial, legislative, administrative body, or any other body having the power to issue subpoenas, for refusing t o disclose, in any proceeding, the source of any information procured while so connected or employed for publication in a newspaper, magazine, or other periodical publication, or for refusing to disclose the names of such other persons, or information which could lead to the disclosure of t he protected source. (c) Nor can a radio or television news reporter, ed itor, director, producer, manager, or other person connected with o r employed by a radio or television station, or any person who has been s o connected or employed, be so adjudged in contempt for refusing to disclose the source of any information procured while so connected or employed for news or news commentary purposes on radio or television, or for refusing to disclose the names of such other persons, or information which c ould lead to the disclosure of the protected source.

d for news or news commentary purposes on radio or television, or for refusing to disclose the names of such other persons, or information which c ould lead to the disclosure of the protected source. (d) If, in any action, proceeding, or before any bo dy, any witness claims the protection of this Section against the objectio ns of any party in the action, proceeding, or who is presiding of such act ion, proceeding or legislative or administrative body, the matter shal l be determined upon petition to the Superior Court or to a judge thereo f. Upon a hearing upon COL12420156 GCA EVIDENCE DIV . 2 PRINCIPLES OF EVIDENCE CH.9 CERTAIN CONFIDENTIAL COMMUNICATIONS 2 such petition to require the witness to testify the court shall examine the witness in camera as to the facts or matters he see ks to bring under the protection of this Chapter. In such an in camera he aring the witness shall not have any of the privileges provided by this Chapter and shall answer the questions propounded him. The judge shall not relea se, in transcript form or in any other form, the nature of the testimony of t he witness. SOURCE: CCP § 1882 added by P.L. 13-181 and modified.

the questions propounded him. The judge shall not relea se, in transcript form or in any other form, the nature of the testimony of t he witness. SOURCE: CCP § 1882 added by P.L. 13-181 and modified. COMMENT: In testimony at the Legislative Public Hearing on this Title, the Attorney General testified that P.L. 13-181 is too broad and actually hinders the public interest. He agreed that protection of sources is n ecessary, but that protection of un- published information is contrary to the public int erest, so long as a protected source is not revealed. This Chapter has been modified to exp ress the intent of this Testimony. § 9102. Victim and Crime Victim Advocate Communicati on. (a) Definitions. As used in this Section, crime vic tim advocate means a person who is employed or authorized by a public or private entity to provide counseling, treatment or other support assi stance to crime victims. (b) Victim-Advocate Privilege. (1) A crime victim has a privilege to refuse to dis close, and to prevent any other person from disclosing, a confide ntial communication made by the victim to a crime victim advocate or an y record made in the course of advising, counseling or assisting the

and to prevent any other person from disclosing, a confide ntial communication made by the victim to a crime victim advocate or an y record made in the course of advising, counseling or assisting the victim. The privilege applies to confidential communications made between the victim and the advocate, and to records of those communication s. This privilege does not include communications excluded under Subs ection (c)(3) of this Section. (2) The privilege may be claimed by the following: (A) The victim, or the victim’s attorney on behalf of the victim. (B) A guardian or conservator of the victim. (C) The personal representative of a deceased victi m. (D) The crime victim advocate, but only on behalf o f the victim. The authority of the advocate to claim the privilege is presumed in the absence of evidence to the contrary . (c) Consultation Between Crime Victim Advocate and Victim; Privileged Information; Exception. COL12420156 GCA EVIDENCE DIV . 2 PRINCIPLES OF EVIDENCE CH.9 CERTAIN CONFIDENTIAL COMMUNICATIONS 3 (1) A crime victim advocate shall not disclose as a witness or otherwise, any communication made by or with the vi ctim, including any communication made to or in the

IN CONFIDENTIAL COMMUNICATIONS 3 (1) A crime victim advocate shall not disclose as a witness or otherwise, any communication made by or with the vi ctim, including any communication made to or in the presence of oth ers, unless the victim consents in writing to the disclosure. (2) Unless the victim consents either verbally or i n writing to the disclosure, a crime victim advocate shall not discl ose records, notes, documents, correspondence, reports or memoranda tha t contain opinions, theories or other information made while advising, counseling or assisting the victim, or that are based on commu nications made by or with the victim, including communications made to o r in the presence of others. (3) The communication is not privileged if the crim e victim advocate knows that the victim will give or has giv en perjured testimony or if the communication contains exculpat ory material. (4) Notwithstanding Subsections (c)(1) and (2) of t his Section, with the written or verbal consent of the victim, a crime victim advocate who is employed by the Attorney General’s Office ma y disclose information to the prosecutor.

c)(1) and (2) of t his Section, with the written or verbal consent of the victim, a crime victim advocate who is employed by the Attorney General’s Office ma y disclose information to the prosecutor. (5) If, with the written or verbal consent of the v ictim, the crime victim advocate discloses to the prosecutor or a la w enforcement agency any communication between the victim and the advocate, or any records, notes, document, correspondence, reports o r memoranda; the prosecutor or law enforcement agent shall disclose the material to the defendant’s attorney only if such information is ot herwise exculpatory. (6) Notwithstanding Subsections (c)(1) and (2) of t his Section, with the written or verbal consent of the victim, a crime victim advocate may disclose information to other professional and administrative support persons with whom the advocate works for th e purpose of assisting the advocate in providing services to the victim. SOURCE: Added by P.L. 33-051:1 (June 12, 2015). ---------- COL1242015