2023 California Code
Evidence Code - EVID
DIVISION 8 - PRIVILEGES
CHAPTER 4 - Particular Privileges
ARTICLE 8.8 - Human Trafficking Caseworker-Victim Privilege
Section 1038.

Universal Citation: CA Ev Code § 1038 (2023)

1038. (a) A trafficking victim, whether or not a party to the action, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication, whether made orally, in writing, or otherwise conveyed, between the victim and a human trafficking caseworker if the privilege is claimed by any of the following persons:

(1) The holder of the privilege.

(2) A person who is authorized to claim the privilege by the holder of the privilege.

(3) The person who was the human trafficking caseworker at the time of the confidential communication or is presently the human trafficking caseworker for the victim. However, that person may not claim the privilege if there is no holder of the privilege in existence or if the person is otherwise instructed by the court or by another person authorized to permit disclosure.

(b) The human trafficking caseworker shall claim the privilege whenever the caseworker is present when the communication is sought to be disclosed and the caseworker is authorized to claim the privilege under this section.

(c) A human trafficking caseworker shall inform a trafficking victim of any applicable limitations on confidentiality of communications between the victim and the caseworker. This information may be given orally.

(Amended by Stats. 2019, Ch. 197, Sec. 1. (AB 1735) Effective January 1, 2020.)

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