Arizona Laws 8-409. Consultation between crime victim advocate and victim; privileged information; exception
A. A crime victim advocate shall not disclose as a witness or otherwise any communication made by or with the victim, including any communication made to or in the presence of others, unless the victim consents in writing to the disclosure.
Terms Used In Arizona Laws 8-409
- Accused: means a juvenile who is referred to juvenile court for committing a delinquent act. See Arizona Laws 8-382
- Court: means the juvenile division of the superior court when exercising its jurisdiction over children in any proceeding relating to delinquency. See Arizona Laws 8-382
- Crime victim advocate: means a person who is employed or authorized by a public or private entity to provide counseling, treatment or other supportive assistance to crime victims. See Arizona Laws 8-382
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Victim: means a person against whom the delinquent act was committed, or if the person is killed or incapacitated, the person's spouse, parent, child, grandparent or sibling, any other person related to the person by consanguinity or affinity to the second degree or any other lawful representative of the person, except if the person or the person's spouse, parent, child, grandparent, sibling, other person related to the person by consanguinity or affinity to the second degree or other lawful representative is in custody for an offense or is the accused. See Arizona Laws 8-382
- Victim advocate: work with prosecutors and assist the victims of a crime.
- Writing: includes printing. See Arizona Laws 1-215
B. Unless the victim consents in writing to the disclosure, a crime victim advocate shall not disclose records, notes, documents, correspondence, reports or memoranda that contain opinions, theories or other information made while advising, counseling or assisting the victim or that are based on communications made by or with the victim, including communications made to or in the presence of others.
C. The communication is not privileged if the crime victim advocate knows that the victim will give or has given perjured testimony or if the communication contains exculpatory material.
D. An accused may make a motion for disclosure of privileged information. If the court finds there is reasonable cause to believe the material is exculpatory, the court shall hold a hearing in camera. Material that the court finds is exculpatory shall be disclosed to the accused.
E. If, with the written or verbal consent of the victim, the crime victim advocate discloses to the prosecutor or a law enforcement agency any communication between the victim and the crime victim advocate or any records, notes, documents, correspondence, reports or memoranda, the prosecutor or law enforcement agent shall disclose the material to the accused’s attorney only if the information is otherwise exculpatory.
F. Notwithstanding subsections A and B of this section, if a crime victim consents either verbally or in writing, a crime victim advocate may disclose information to other professionals and administrative support persons that the advocate works with for the purpose of assisting the advocate in providing services to the victim and to the court in furtherance of any victims’ right pursuant to this chapter.