Minnesota 2025-2026 Regular Session

Minnesota House Bill HF1083 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1.1 A bill for an act
2	2		1.2 relating to witnesses; prohibiting domestic abuse advocates from disclosing certain
3	3		1.3 information; amending Minnesota Statutes 2024, section 595.02, subdivision 1.
4	4		1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
5	5		1.5 Section 1. Minnesota Statutes 2024, section 595.02, subdivision 1, is amended to read:
6	6		1.6 Subdivision 1.Competency of witnesses.Every person of sufficient understanding,
7	7		1.7including a party, may testify in any action or proceeding, civil or criminal, in court or
8	8		1.8before any person who has authority to receive evidence, except as provided in this
9	9		1.9subdivision:
10	10		1.10 (a) A husband cannot be examined for or against his wife without her consent, nor a
11	11		1.11wife for or against her husband without his consent, nor can either, during the marriage or
12	12		1.12afterwards, without the consent of the other, be examined as to any communication made
13	13		1.13by one to the other during the marriage. This exception does not apply to a civil action or
14	14		1.14proceeding by one against the other, nor to a criminal action or proceeding for a crime
15	15		1.15committed by one against the other or against a child of either or against a child under the
16	16		1.16care of either spouse, nor to a criminal action or proceeding in which one is charged with
17	17		1.17homicide or an attempt to commit homicide and the date of the marriage of the defendant
18	18		1.18is subsequent to the date of the offense, nor to an action or proceeding for nonsupport,
19	19		1.19neglect, dependency, or termination of parental rights.
20	20		1.20 (b) An attorney cannot, without the consent of the attorney's client, be examined as to
21	21		1.21any communication made by the client to the attorney or the attorney's advice given thereon
22	22		1.22in the course of professional duty; nor can any employee of the attorney be examined as to
23	23		1.23the communication or advice, without the client's consent.
24	24		1Section 1.
25		-	REVISOR KLL H1083-1HF1083 FIRST ENGROSSMENT
26		-	117
27		-	Printed
28		-	Page No.State of Minnesota
	25	+	REVISOR KLL/MI 25-0061511/15/24
	26	+	State of Minnesota
29	27		This Document can be made available
30	28		in alternative formats upon request
31	29		HOUSE OF REPRESENTATIVES
32	30		H. F. No. 1083
33	31		NINETY-FOURTH SESSION
34		-	Authored by Moller, Rarick, Liebling, Feist, Keeler and others02/17/2025
35		-	The bill was read for the first time and referred to the Committee on Judiciary Finance and Civil Law
36		-	Adoption of Report: Re-referred to the Committee on Public Safety Finance and Policy03/13/2025
37		-	Adoption of Report: Placed on the General Register as Amended04/01/2025
38		-	Read for the Second Time 2.1 (c) A member of the clergy or other minister of any religion shall not, without the consent
	32	+	Authored by Moller, Rarick, Liebling, Feist and Keeler02/17/2025
	33	+	The bill was read for the first time and referred to the Committee on Judiciary Finance and Civil Law 2.1 (c) A member of the clergy or other minister of any religion shall not, without the consent
39	34		2.2of the party making the confession, be allowed to disclose a confession made to the member
40	35		2.3of the clergy or other minister in a professional character, in the course of discipline enjoined
41	36		2.4by the rules or practice of the religious body to which the member of the clergy or other
42	37		2.5minister belongs; nor shall a member of the clergy or other minister of any religion be
43	38		2.6examined as to any communication made to the member of the clergy or other minister by
44	39		2.7any person seeking religious or spiritual advice, aid, or comfort or advice given thereon in
45	40		2.8the course of the member of the clergy's or other minister's professional character, without
46	41		2.9the consent of the person.
47	42		2.10 (d) A licensed physician or surgeon, dentist, or chiropractor shall not, without the consent
48	43		2.11of the patient, be allowed to disclose any information or any opinion based thereon which
49	44		2.12the professional acquired in attending the patient in a professional capacity, and which was
50	45		2.13necessary to enable the professional to act in that capacity; after the decease of the patient,
51	46		2.14in an action to recover insurance benefits, where the insurance has been in existence two
52	47		2.15years or more, the beneficiaries shall be deemed to be the personal representatives of the
53	48		2.16deceased person for the purpose of waiving this privilege, and no oral or written waiver of
54	49		2.17the privilege shall have any binding force or effect except when made upon the trial or
55	50		2.18examination where the evidence is offered or received.
56	51		2.19 (e) A public officer shall not be allowed to disclose communications made to the officer
57	52		2.20in official confidence when the public interest would suffer by the disclosure.
58	53		2.21 (f) Persons of unsound mind and persons intoxicated at the time of their production for
59	54		2.22examination are not competent witnesses if they lack capacity to remember or to relate
60	55		2.23truthfully facts respecting which they are examined.
61	56		2.24 (g) A registered nurse, psychologist, consulting psychologist, or licensed social worker
62	57		2.25engaged in a psychological or social assessment or treatment of an individual at the
63	58		2.26individual's request shall not, without the consent of the professional's client, be allowed to
64	59		2.27disclose any information or opinion based thereon which the professional has acquired in
65	60		2.28attending the client in a professional capacity, and which was necessary to enable the
66	61		2.29professional to act in that capacity. Nothing in this clause exempts licensed social workers
67	62		2.30from compliance with the provisions of section 626.557 and chapter 260E.
68	63		2.31 (h) An interpreter for a person disabled in communication shall not, without the consent
69	64		2.32of the person, be allowed to disclose any communication if the communication would, if
70	65		2.33the interpreter were not present, be privileged. For purposes of this section, a "person disabled
71	66		2.34in communication" means a person who, because of a hearing, speech or other communication
72	67		2Section 1.
73		-	REVISOR KLL ~~H1083-1~~~~HF1083 FIRST ENGROSSMENT~~ 3.1disorder, or because of the inability to speak or comprehend the English language, is unable
	68	+	REVISOR KLL/MI 25-0061511/15/24 3.1disorder, or because of the inability to speak or comprehend the English language, is unable
74	69		3.2to understand the proceedings in which the person is required to participate. The presence
75	70		3.3of an interpreter as an aid to communication does not destroy an otherwise existing privilege.
76	71		3.4 (i) Licensed chemical dependency counselors shall not disclose information or an opinion
77	72		3.5based on the information which they acquire from persons consulting them in their
78	73		3.6professional capacities, and which was necessary to enable them to act in that capacity,
79	74		3.7except that they may do so:
80	75		3.8 (1) when informed consent has been obtained in writing, except in those circumstances
81	76		3.9in which not to do so would violate the law or would result in clear and imminent danger
82	77		3.10to the client or others;
83	78		3.11 (2) when the communications reveal the contemplation or ongoing commission of a
84	79		3.12crime; or
85	80		3.13 (3) when the consulting person waives the privilege by bringing suit or filing charges
86	81		3.14against the licensed professional whom that person consulted.
87	82		3.15 (j) A parent or the parent's minor child may not be examined as to any communication
88	83		3.16made in confidence by the minor to the minor's parent. A communication is confidential if
89	84		3.17made out of the presence of persons not members of the child's immediate family living in
90	85		3.18the same household. This exception may be waived by express consent to disclosure by a
91	86		3.19parent entitled to claim the privilege or by the child who made the communication or by
92	87		3.20failure of the child or parent to object when the contents of a communication are demanded.
93	88		3.21This exception does not apply to a civil action or proceeding by one spouse against the other
94	89		3.22or by a parent or child against the other, nor to a proceeding to commit either the child or
95	90		3.23parent to whom the communication was made or to place the person or property or either
96	91		3.24under the control of another because of an alleged mental or physical condition, nor to a
97	92		3.25criminal action or proceeding in which the parent is charged with a crime committed against
98	93		3.26the person or property of the communicating child, the parent's spouse, or a child of either
99	94		3.27the parent or the parent's spouse, or in which a child is charged with a crime or act of
100	95		3.28delinquency committed against the person or property of a parent or a child of a parent, nor
101	96		3.29to an action or proceeding for termination of parental rights, nor any other action or
102	97		3.30proceeding on a petition alleging child abuse, child neglect, abandonment or nonsupport
103	98		3.31by a parent.
104	99		3.32 (k) Sexual assault counselors may not be allowed to disclose any opinion or information
105	100		3.33received from or about the victim without the consent of the victim. However, a counselor
106	101		3.34may be compelled to identify or disclose information in investigations or proceedings related
107	102		3Section 1.
108		-	REVISOR KLL ~~H1083-1~~~~HF1083 FIRST ENGROSSMENT~~ 4.1to neglect or termination of parental rights if the court determines good cause exists. In
	103	+	REVISOR KLL/MI 25-0061511/15/24 4.1to neglect or termination of parental rights if the court determines good cause exists. In
109	104		4.2determining whether to compel disclosure, the court shall weigh the public interest and need
110	105		4.3for disclosure against the effect on the victim, the treatment relationship, and the treatment
111	106		4.4services if disclosure occurs. Nothing in this clause exempts sexual assault counselors from
112	107		4.5compliance with the provisions of section 626.557 and chapter 260E.
113	108		4.6 "Sexual assault counselor" for the purpose of this section means a person who has
114	109		4.7undergone at least 40 hours of crisis counseling training and works under the direction of
115	110		4.8a supervisor in a crisis center, whose primary purpose is to render advice, counseling, or
116	111		4.9assistance to victims of sexual assault.
117	112		4.10 (l) A domestic abuse advocate may shall not, without the consent of the victim, be
118	113		4.11compelled allowed to disclose any opinion or information received from or about the victim
119	114		4.12without the consent of the victim unless ordered by the court which the advocate acquired
120	115		4.13in attending the victim in a professional capacity. In determining whether to compel
121	116		4.14disclosure, the court shall weigh the public interest and need for disclosure against the effect
122	117		4.15on the victim, the relationship between the victim and domestic abuse advocate, and the
123		-	4.16services if disclosure occurs. Nothing in this paragraph (1) exempts domestic abuse advocates
124		-	4.17from compliance with the provisions of section 626.557 and chapter 260E, or (2) modifies
125		-	4.18a prosecutor's obligation to disclose material and information to the defense when the
126		-	4.19information is in the possession or control of members of the prosecution staff and of any
127		-	4.20others who have participated in the investigation or evaluation of the case and who either
128		-	4.21regularly report, or with reference to the particular case have reported, to the prosecutor's
129		-	4.22office.
130		-	4.23 For the purposes of this section, "domestic abuse advocate" means an employee or
131		-	4.24supervised volunteer from a community-based battered women's shelter and domestic abuse
132		-	4.25program eligible to receive grants under section 611A.32; that provides information,
133		-	4.26advocacy, crisis intervention, emergency shelter, or support to victims of domestic abuse
134		-	4.27and who is not employed by or under the direct supervision of a law enforcement agency,
135		-	4.28a prosecutor's office, or by a city, county, or state agency.
136		-	4.29 (m) A person cannot be examined as to any communication or document, including
137		-	4.30work notes, made or used in the course of or because of mediation pursuant to an agreement
138		-	4.31to mediate or a collaborative law process pursuant to an agreement to participate in
139		-	4.32collaborative law. This does not apply to the parties in the dispute in an application to a
140		-	4.33court by a party to have a mediated settlement agreement or a stipulated agreement resulting
141		-	4.34from the collaborative law process set aside or reformed. A communication or document
142		-	4.35otherwise not privileged does not become privileged because of this paragraph. This
	118	+	4.16services if disclosure occurs. Nothing in this paragraph exempts domestic abuse advocates
	119	+	4.17from compliance with the provisions of section 626.557 and chapter 260E.
	120	+	4.18 For the purposes of this section, "domestic abuse advocate" means an employee or
	121	+	4.19supervised volunteer from a community-based battered women's shelter and domestic abuse
	122	+	4.20program eligible to receive grants under section 611A.32; that provides information,
	123	+	4.21advocacy, crisis intervention, emergency shelter, or support to victims of domestic abuse
	124	+	4.22and who is not employed by or under the direct supervision of a law enforcement agency,
	125	+	4.23a prosecutor's office, or by a city, county, or state agency.
	126	+	4.24 (m) A person cannot be examined as to any communication or document, including
	127	+	4.25work notes, made or used in the course of or because of mediation pursuant to an agreement
	128	+	4.26to mediate or a collaborative law process pursuant to an agreement to participate in
	129	+	4.27collaborative law. This does not apply to the parties in the dispute in an application to a
	130	+	4.28court by a party to have a mediated settlement agreement or a stipulated agreement resulting
	131	+	4.29from the collaborative law process set aside or reformed. A communication or document
	132	+	4.30otherwise not privileged does not become privileged because of this paragraph. This
	133	+	4.31paragraph is not intended to limit the privilege accorded to communication during mediation
	134	+	4.32or collaborative law by the common law.
	135	+	4.33 (n) A child under ten years of age is a competent witness unless the court finds that the
	136	+	4.34child lacks the capacity to remember or to relate truthfully facts respecting which the child
143	137		4Section 1.
144		-	REVISOR KLL H1083-1HF1083 FIRST ENGROSSMENT 5.1paragraph is not intended to limit the privilege accorded to communication during mediation
145		-	5.2or collaborative law by the common law.
146		-	5.3 (n) A child under ten years of age is a competent witness unless the court finds that the
147		-	5.4child lacks the capacity to remember or to relate truthfully facts respecting which the child
148		-	5.5is examined. A child describing any act or event may use language appropriate for a child
149		-	5.6of that age.
150		-	5.7 (o) A communication assistant for a telecommunications relay system for persons who
151		-	5.8have communication disabilities shall not, without the consent of the person making the
152		-	5.9communication, be allowed to disclose communications made to the communication assistant
153		-	5.10for the purpose of relaying.
154		-	5.11 EFFECTIVE DATE.This section is effective July 1, 2025.
	138	+	REVISOR KLL/MI 25-0061511/15/24 5.1is examined. A child describing any act or event may use language appropriate for a child
	139	+	5.2of that age.
	140	+	5.3 (o) A communication assistant for a telecommunications relay system for persons who
	141	+	5.4have communication disabilities shall not, without the consent of the person making the
	142	+	5.5communication, be allowed to disclose communications made to the communication assistant
	143	+	5.6for the purpose of relaying.
	144	+	5.7 EFFECTIVE DATE.This section is effective July 1, 2025.
155	145		5Section 1.
156		-	REVISOR KLL ~~H1083-1~~~~HF1083 FIRST ENGROSSMENT~~
	146	+	REVISOR KLL/MI 25-0061511/15/24