Texas Senate Bill SB1851

Texas 2017 - 85th Regular

Caption

Relating to the confidential and privileged communications and records of victims of certain sexual assault offenses.

Impact

The proposed amendments to the Government Code establish clearer boundaries regarding the circumstances under which confidential communications may be disclosed. By reinforcing the confidentiality of records and communications related to sexual assault survivors, SB1851 aims to improve the overall effectiveness of support services and advocacy programs. This may increase the trust of survivors in reporting incidents and seeking legal and therapeutic assistance, potentially leading to higher reporting rates of sexual assault offenses, which could impact prosecution and advocacy efforts significantly.

Summary

Senate Bill 1851 seeks to enhance the legal protections surrounding the confidential and privileged communications between employees or volunteers of sexual assault programs and survivors of sexual assault offenses. It amends existing laws to ensure that any communication made in the course of providing assistance or advocacy is considered confidential, thus allowing survivors to speak freely without fear that their statements will be disclosed in legal or administrative proceedings. This increased guarantee of confidentiality is vital to supporting survivors as it fosters a safe environment for them to seek help and report their experiences.

Contention

While the bill is generally seen as a positive step towards strengthening the rights of sexual assault survivors, there could be notable points of contention regarding the balance between victim confidentiality and the rights of the accused in criminal proceedings. Opponents may argue that strict confidentiality provisions could impede judicial processes, especially if exculpatory evidence related to the communication is necessary for the defense in criminal cases. The language of SB1851 carefully outlines conditions for disclosure that aim to mitigate these concerns; however, the implementation and interpretation of these provisions could lead to legal disputes in future cases.