§ 5945.3 — Confidential communications with human trafficking caseworkers

Pennsylvania § 5945.3

• Jurisdiction: Pennsylvania
• Title 42: JUDICIARY AND JUDICIAL PROCEDURE
• Part: PART VI
• Ch. 59: DEPOSITIONS AND WITNESSES
• Subch.: WITNESSES GENERALLY

Text

(a) Sexual assault counselors.--An individual qualified as a sexual assault counselor under section 5945.1(a) (relating to confidential communications with sexual assault counselors) may serve as a human trafficking counselor under this section.

(b) Privilege.--

(1) This subsection applies to all of the following:

(i) A human trafficking caseworker.

(ii) An interpreter.

(2) An individual designated in paragraph (1) may not disclose a confidential communication without the written consent of the victim of human trafficking who made the confidential communication.

(c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Confidential communication."All information, oral or written, transmitted between a victim of human trafficking and a human trafficking caseworker in the course of their relationship. The term includes advice, reports, statistical data, memoranda, working papers and records, given or made during that relationship, including matters transmitted between the human trafficking caseworker and the victim through the use of an interpreter.

"Human trafficking caseworker."An individual:

(1) who is engaged by any organization whether financially compensated or not;

(2) whose primary purpose is the rendering of advice or assistance to a victim of human trafficking, as defined in 18 Pa.C.S. § 3001 (relating to definitions); and

(3) who:

(i) holds a master's degree or higher in counseling or a related field;

(ii) has an undergraduate degree or equivalent in a human services profession; or

(iii) is supervised by an individual qualified under subparagraph (i) or (ii) and has at least 80 hours of training received under that supervision in:

(A) the history of human trafficking;

(B) civil law and criminal law as they relate to human trafficking;

(C) societal attitudes toward human trafficking;

(D) peer counseling techniques;

(E) housing, public assistance and other financial resources available to meet the needs of victims of human trafficking;

(F) referral services available to victims of human trafficking;

(G) privileged communications; or

(H) human trauma therapy counseling.

"Interpreter." An individual who translates communications between a human trafficking caseworker and a victim of human trafficking through the use of sign language, visual, oral or written translation.

Legislative History

(July 2, 2014, P.L.945, No.105, eff. 60 days) 2014 Amendment.Act 105 added section 5945.3. Cross References.Section 5945.3 is referred to in sections 4415, 4436 of this title.