Rape Crisis/Sexual Assault Counselor
Ariz. Rev. Stat. § 13-4430 (2013): 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.
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 evidence.
D. A defendant 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 defendant.
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 such material to the defendant's attorney only if such information is otherwise exculpatory.
F. Notwithstanding subsections A and B, 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 victim's right pursuant to this chapter.
Credits
Added by Laws 1991, Ch. 229, § 7, eff. Jan. 1, 1992. Amended by Laws 1992, Ch. 209, § 22; Laws 2007, Ch. 290, § 8; Laws 2010, Ch. 233, § 1; Laws 2012, Ch. 153, § 4.
Updated 1/2018
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General Confidentiality for Medical Records
Effective: July 3, 2015 A.R.S. § 13-4434
§ 13-4434. Victim's right to privacy; exception; definitions
A. The victim has the right at any court proceeding not to testify regarding any identifying or locating information unless the victim consents or the court orders disclosure on finding that a compelling need for the information exists. A court proceeding on the motion shall be in camera.
B. A victim's identifying and locating information that is obtained, compiled or reported by a law enforcement agency or prosecution agency shall be redacted by the originating agency and prosecution agencies from records pertaining to the criminal case involving the victim, including discovery disclosed to the defendant.
C. Subsection B of this section does not apply to:
1. The victim's name except, if the victim is a minor, the victim's name may be redacted from public records pertaining to the crime if the countervailing interests of confidentiality, privacy, the rights of the minor or the best interests of this state outweigh the public interest in disclosure.
2. Any records that are transmitted between law enforcement and prosecution agencies or a court.
3. Any records if the victim or, if the victim is a minor, the victim's representative as designated under § 13-4403 has consented to the release of the information.
4. The general location at which the reported crime occurred.
D. For the purposes of this section:
1. “Identifying information” includes a victim's date of birth, social security number and official state or government issued driver license or identification number.
2. “Locating information” includes the victim's address, telephone number, e-mail address and place of employment.