
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC13942]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
         CHAPTER 136--VIOLENT CRIME CONTROL AND LAW ENFORCEMENT
 
                 SUBCHAPTER III--VIOLENCE AGAINST WOMEN
 
                     Part A--Safe Streets for Women
 
           subpart 2--assistance to victims of sexual assault
 
Sec. 13942. Confidentiality of communications between sexual 
        assault or domestic violence victims and their counselors
        

(a) Study and development of model legislation

    The Attorney General shall--
        (1) study and evaluate the manner in which the States have taken 
    measures to protect the confidentiality of communications between 
    sexual assault or domestic violence victims and their therapists or 
    trained counselors;
        (2) develop model legislation that will provide the maximum 
    protection possible for the confidentiality of such communications, 
    within any applicable constitutional limits, taking into account the 
    following factors:
            (A) the danger that counseling programs for victims of 
        sexual assault and domestic violence will be unable to achieve 
        their goal of helping victims recover from the trauma associated 
        with these crimes if there is no assurance that the records of 
        the counseling sessions will be kept confidential;
            (B) consideration of the appropriateness of an absolute 
        privilege for communications between victims of sexual assault 
        or domestic violence and their therapists or trained counselors, 
        in light of the likelihood that such an absolute privilege will 
        provide the maximum guarantee of confidentiality but also in 
        light of the possibility that such an absolute privilege may be 
        held to violate the rights of criminal defendants under the 
        Federal or State constitutions by denying them the opportunity 
        to obtain exculpatory evidence and present it at trial; and
            (C) consideration of what limitations on the disclosure of 
        confidential communications between victims of these crimes and 
        their counselors, short of an absolute privilege, are most 
        likely to ensure that the counseling programs will not be 
        undermined, and specifically whether no such disclosure should 
        be allowed unless, at a minimum, there has been a particularized 
        showing by a criminal defendant of a compelling need for records 
        of such communications, and adequate procedural safeguards are 
        in place to prevent unnecessary or damaging disclosures; and

        (3) prepare and disseminate to State authorities the findings 
    made and model legislation developed as a result of the study and 
    evaluation.

(b) Report and recommendations

    Not later than the date that is 1 year after September 13, 1994, the 
Attorney General shall report to the Congress--
        (1) the findings of the study and the model legislation required 
    by this section; and
        (2) recommendations based on the findings on the need for and 
    appropriateness of further action by the Federal Government.

(c) Review of Federal evidentiary rules

    The Judicial Conference of the United States shall evaluate and 
report to Congress its views on whether the Federal Rules of Evidence 
should be amended, and if so, how they should be amended, to guarantee 
that the confidentiality of communications between sexual assault 
victims and their therapists or trained counselors will be adequately 
protected in Federal court proceedings.

(Pub. L. 103-322, title IV, Sec. 40153, Sept. 13, 1994, 108 Stat. 1921.)

                       References in Text

    The Federal Rules of Evidence, referred to in subsec. (c), are set 
out in the Appendix to Title 28, Judiciary and Judicial Procedure.
