Chief Sponsor: Angela Romero

Senate Sponsor: Todd Weiler


8     General Description:
9          This bill enacts provisions related to confidential communications for advocacy
10     services at an institution of higher education.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms; and
14          ▸     prohibits the disclosure of confidential communications related to advocacy services
15     at an institution of higher education, except under certain circumstances.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          77-38-204, as renumbered and amended by Laws of Utah 2008, Chapter 3
23     ENACTS:
24          53B-27-101, Utah Code Annotated 1953
25          53B-27-102, Utah Code Annotated 1953
26          53B-27-201, Utah Code Annotated 1953
27          53B-27-202, Utah Code Annotated 1953

29     Be it enacted by the Legislature of the state of Utah:

30          Section 1. Section 53B-27-101 is enacted to read:

Part 1. General Provisions

33          53B-27-101. Title.
34          This chapter is known as "Student Rights and Responsibilities."
35          Section 2. Section 53B-27-102 is enacted to read:
36          53B-27-102. Definitions.
37          As used in this chapter, "institution" means a public or private postsecondary institution
38     that is located in Utah, including an institution of higher education listed in Section 53B-1-102.
39          Section 3. Section 53B-27-201 is enacted to read:
Part 2. Confidential Communications for Institutional Advocacy Services Act

41          53B-27-201. Definitions.
42          As used in this part:
43          (1) "Certified advocate" means an individual who:
44          (a) is employed by or volunteers at a qualified institutional victim services provider;
45          (b) has completed at least 40 hours of training in counseling and assisting victims of
46     sexual harassment, sexual assault, rape, dating violence, domestic violence, or stalking; and
47          (c) acts under the supervision of the director or director's designee of a qualified
48     institutional victim services provider.
49          (2) (a) "Confidential communication" means information that is communicated by a
50     victim, in the course of the victim seeking an institutional advocacy service, to:
51          (i) a certified advocate;
52          (ii) a qualified institutional victim services provider;
53          (iii) a person reasonably necessary for the transmission of the information;
54          (iv) an individual who is present at the time the information is transmitted for the
55     purpose of furthering the victim's interests; or
56          (v) another individual, in the context of group counseling at a qualified institutional
57     victim services provider.

58          (b) "Confidential communication" includes a record that is created or maintained as a
59     result of the communication described in Subsection (2)(a).
60          (3) "Institutional advocacy service" means a safety planning, counseling,
61     psychological, support, advocacy, medical, or legal service that:
62          (a) addresses issues involving:
63          (i) sexual harassment;
64          (ii) sexual assault;
65          (iii) rape;
66          (iv) domestic violence;
67          (v) dating violence; or
68          (vi) stalking; and
69          (b) is provided by a qualified institutional victim services provider.
70          (4) (a) "Qualified institutional victim services provider" means an organization that:
71          (i) is affiliated with an institution;
72          (ii) employs or provides volunteer opportunities for certified advocates;
73          (iii) provides an institutional advocacy service to victims or families of victims; and
74          (iv) is designated by the affiliated institution as a qualified institutional victim services
75     provider.
76          (b) "Qualified institutional victim services provider" may include an institution's:
77          (i) sexual assault center;
78          (ii) victim advocacy center;
79          (iii) women's center;
80          (iv) health center; or
81          (v) counseling service center.
82          (5) "Record" means a book, letter, document, paper, map, plan, photograph, film, card,
83     tape, recording, electronic data, or other documentary material regardless of physical form or
84     characteristics.
85          (6) "Victim" means an individual who seeks an institutional advocacy service.

86          Section 4. Section 53B-27-202 is enacted to read:
87          53B-27-202. Confidentiality of information -- Disclosure of confidential
88     communication.
89          (1) Except as provided in Subsection (2), and notwithstanding Title 63G, Chapter 2,
90     Government Records Access and Management Act, a person may not disclose a confidential
91     communication.
92          (2) A person may disclose a confidential communication if:
93          (a) the victim gives written and informed consent to the disclosure;
94          (b) the person has an obligation to disclose the confidential communication under
95     Section 62A-3-305, 62A-4a-403, or 78B-3-502;
96          (c) the disclosure is required by federal law; or
97          (d) a court of competent jurisdiction orders the disclosure.
98          Section 5. Section 77-38-204 is amended to read:
99          77-38-204. Disclosure of confidential communications.
100          [The] Notwithstanding Title 53B, Chapter 27, Part 2, Confidential Communications for
101     Institutional Advocacy Services Act, the confidential communication between a victim and a
102     sexual assault counselor is available to a third person only when:
103          (1) the victim is a minor and the counselor believes it is in the best interest of the
104     victim to disclose the confidential communication to the victim's parents;
105          (2) the victim is a minor and the minor's parents or guardian have consented to
106     disclosure of the confidential communication to a third party based upon representations made
107     by the counselor that it is in the best interest of the minor victim to make such disclosure;
108          (3) the victim is not a minor, has given consent, and the counselor believes the
109     disclosure is necessary to accomplish the desired result of counseling; or
110          (4) the counselor has an obligation under Title 62A, Chapter 4a, Child and Family
111     Services, to report information transmitted in the confidential communication.