Hawaii 2024 Regular Session

Hawaii Senate Bill SB236

Introduced
1/19/23  
Refer
1/23/23  
Introduced
1/19/23  
Report Pass
2/13/23  
Refer
1/23/23  
Report Pass
2/13/23  
Report Pass
3/2/23  
Refer
2/13/23  
Engrossed
3/3/23  
Report Pass
3/2/23  
Refer
3/9/23  
Engrossed
3/3/23  
Report Pass
3/17/23  
Refer
3/9/23  
Report Pass
3/17/23  

Caption

Relating To Victim-counselor Privilege.

Impact

Under SB236, the definition of confidential communication will be broadened, thus offering greater protection to victims who seek counseling through designated advocates. This change is expected to encourage more victims to reach out for help, potentially leading to more disclosures of incidents that may have otherwise gone unreported. By increasing the minimum training requirement for domestic violence counselors to thirty-five hours, the bill also seeks to improve the quality of support provided to victims, thereby enhancing their ability to recover and thrive following traumatic experiences.

Summary

Senate Bill 236 aims to expand the victim-counselor privilege in Hawaii's legal framework to include confidential advocates designated by the University of Hawaii. This move builds upon the provisions established in Act 208, which required the University to appoint advocates for victims of sexual and domestic abuse. The aim is to enhance the support network for victims, ensuring that they receive necessary assistance while feeling secure in the confidentiality of their communications with their counselors. The legislative intent is to reinforce the privacy of disclosures made by victims, especially those who are hesitant to pursue help due to concerns about potential repercussions.

Contention

Notable points of discussion surrounding SB236 include the necessity of the expanded privilege and whether the changes sufficiently address the complexities of victim counseling. Some advocates argue that while the bill represents progress, further steps are needed to ensure that all facets of victim support, including referrals and continued emotional assistance, are adequately addressed in the legal system. The bill has implications for the state's approach to confidential communications concerning sensitive trauma-related issues and aims to create a more supportive environment for victims at educational institutions.

Companion Bills

HI SB236

Carry Over Relating To Victim-counselor Privilege.

Similar Bills

CA AB3121

Evidentiary privileges: union agent-represented worker privilege.

CA AB1109

Evidentiary privileges: union agent-represented worker privilege.

CA AB418

Evidentiary privileges: union agent-represented worker privilege.

HI SB236

Relating To Victim-counselor Privilege.

HI HB580

Relating To Victim-counselor Privilege.

HI HB569

Relating To Victim-counselor Privilege.

HI SB832

Relating To Victim-counselor Privilege.

CA SB331

Evidentiary privileges: domestic violence counselor-victim privilege.