§ 1035.2. — 1035.2. (Amended by Stats. 2018, Ch. 123, Sec. 2.)

California § 1035.2.

• Jurisdiction: California
• Code EVID: Evidence Code - EVID
• Div. 8.: DIVISION 8. PRIVILEGES
• Ch. 4.: CHAPTER 4. Particular Privileges
• Art. 8.5.: ARTICLE 8.5. Sexual Assault Counselor-Victim Privilege

Text

As used in this article, “sexual assault counselor” means any of the following:
(a)
A person who is engaged in any office, hospital, institution, or center commonly known as a rape crisis center, whose primary purpose is the rendering of advice or assistance to victims of sexual assault and who has received a certificate evidencing completion of a training program in the counseling of sexual assault victims issued by a counseling center that meets the criteria for the award of a grant established pursuant to Section 13837 of the Penal Code and who meets one of the following requirements:
(1)
Is a psychotherapist as defined in Section 1010; has a master’s degree in counseling or a
related field; or has one year of counseling experience, at least six months of which is in rape crisis counseling.
(2)
Has 40 hours of training as described below and is supervised by an individual who qualifies as a counselor under paragraph (1). The training, supervised by a person qualified under paragraph (1), shall include, but not be limited to, the following areas:
(A)
Law.
(B)
Medicine.
(C)
Societal attitudes.
(D)
Crisis intervention and counseling techniques.
(E)
Role playing.
(F)
Referral services.
(G)
Sexuality.
(b)
A person who is engaged in a program on the campus of a public or private institution of higher education, whose primary purpose is the rendering of advice or assistance to victims of sexual assault and who has received a certificate evidencing completion of a training program in the counseling of sexual assault victims issued by a counseling center that meets the criteria for the award of a grant established pursuant to Section 13837 of the Penal Code and who meets one of the following requirements:
(1)
Is a psychotherapist as defined in Section 1010; has a master’s degree in counseling or a related field; or has one year of counseling experience, at least six months of which is in rape crisis counseling.
(2)
Has 40 hours of training as described below and is supervised by an
individual who qualifies as a counselor under paragraph (1). The training, supervised by a person qualified under paragraph (1), shall include, but not be limited to, the following areas:
(A)
Law.
(B)
Medicine.
(C)
Societal attitudes.
(D)
Crisis intervention and counseling techniques.
(E)
Role playing.
(F)
Referral services.
(G)
Sexuality.
(c)
A person who is employed by any organization providing the programs specified in Section 13835.2 of the Penal Code, whether financially compensated or not,
for the purpose of counseling and assisting sexual assault victims, and who meets one of the following requirements:
(1)
Is a psychotherapist as defined in Section 1010; has a master’s degree in counseling or a related field; or has one year of counseling experience, at least six months of which is in rape assault counseling.
(2)
Has the minimum training for sexual assault counseling required by guidelines established by the employing agency pursuant to subdivision (c) of Section 13835.10 of the Penal Code, and is supervised by an individual who qualifies as a counselor under paragraph (1). The training, supervised by a person qualified under paragraph (1), shall include, but not be limited to, the following areas:
(A)
Law.
(B)
Victimology.
(C)
Counseling.
(D)
Client and system advocacy.
(E)
Referral services.

Legislative History

Amended by Stats. 2018, Ch. 123, Sec. 2. (AB 1896) Effective January 1, 2019.