§ 1035.8. — 1035.8. (Amended by Stats. 2006, Ch. 689, Sec. 6.)

A victim of a sexual assault, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between the victim and a sexual assault counselor if the privilege is claimed by any of the following :
(a)
The holder of the privilege;
(b)
A person who is authorized to claim the privilege by the holder of the privilege; or
(c)
The person who was the sexual assault counselor at the time of the confidential communication, but that person may not claim the privilege if there is no holder of the privilege in existence or if he or she is otherwise instructed by a person authorized to permit disclosure.

Legislative History

Amended by Stats. 2006, Ch. 689, Sec. 6. Effective January 1, 2007.