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