Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 251 First Substitute (2017GS)

Sponsor

Rep. Romero, A.

Final action

Governor Signed 3/21/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms; and
• prohibits the disclosure of confidential communications related to advocacy services at an institution of higher education, except under certain circumstances.

Every vote on this bill

Bill text

CAMPUS ADVOCATE CONFIDENTIALITY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Angela Romero
Senate Sponsor: 
 Todd Weiler
LONG TITLE
General Description:
This bill enacts provisions related to confidential communications for advocacy
services at an institution of higher education.
Highlighted Provisions:
This bill:
▸ defines terms; and
▸ prohibits the disclosure of confidential communications related to advocacy services
at an institution of higher education, except under certain circumstances.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
77-38-204
, as renumbered and amended by Laws of Utah 2008, Chapter 3
ENACTS:
53B-27-101
, Utah Code Annotated 1953
53B-27-102
, Utah Code Annotated 1953
53B-27-201
, Utah Code Annotated 1953
53B-27-202
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53B-27-101
 is enacted to read:
CHAPTER 27. STUDENT RIGHTS AND RESPONSIBILITIES
Part 1. General Provisions
 53B-27-101.
Title.
This chapter is known as "Student Rights and Responsibilities."
Section 2. Section 
53B-27-102
 is enacted to read:
 53B-27-102.
Definitions.
As used in this chapter, "institution" means a public or private postsecondary institution
that is located in Utah, including an institution of higher education listed in Section 
53B-1-102
.
Section 3. Section 
53B-27-201
 is enacted to read:
Part 2. Confidential Communications for Institutional Advocacy Services Act
 53B-27-201.
Definitions.
As used in this part:
(1) "Certified advocate" means an individual who:
(a) is employed by or volunteers at a qualified institutional victim services provider;
(b) has completed at least 40 hours of training in counseling and assisting victims of
sexual harassment, sexual assault, rape, dating violence, domestic violence, or stalking; and
(c) acts under the supervision of the director or director's designee of a qualified
institutional victim services provider.
(2) (a) "Confidential communication" means information that is communicated by a
victim, in the course of the victim seeking an institutional advocacy service, to:
(i) a certified advocate;
(ii) a qualified institutional victim services provider;
(iii) a person reasonably necessary for the transmission of the information;
(iv) an individual who is present at the time the information is transmitted for the
purpose of furthering the victim's interests; or
(v) another individual, in the context of group counseling at a qualified institutional
victim services provider.
(b) "Confidential communication" includes a record that is created or maintained as a
result of the communication described in Subsection (2)(a).
(3) "Institutional advocacy service" means a safety planning, counseling,
psychological, support, advocacy, medical, or legal service that:
(a) addresses issues involving:
(i) sexual harassment;
(ii) sexual assault;
(iii) rape;
(iv) domestic violence;
(v) dating violence; or
(vi) stalking; and
(b) is provided by a qualified institutional victim services provider.
(4) (a) "Qualified institutional victim services provider" means an organization that:
(i) is affiliated with an institution;
(ii) employs or provides volunteer opportunities for certified advocates;
(iii) provides an institutional advocacy service to victims or families of victims; and
(iv) is designated by the affiliated institution as a confidential resource.
(b) "Qualified institutional victim services provider" may include an institution's:
(i) sexual assault center;
(ii) victim advocacy center;
(iii) women's center;
(iv) health center; or
(v) counseling service center.
(5) "Record" means a book, letter, document, paper, map, plan, photograph, film, card,
tape, recording, electronic data, or other documentary material regardless of physical form or
characteristics.
(6) "Victim" means an individual who seeks an institutional advocacy service.
Section 4. Section 
53B-27-202
 is enacted to read:
 53B-27-202.
Confidentiality of information -- Disclosure of confidential
communication.
(1) Except as provided in Subsection (2), and notwithstanding Title 63G, Chapter 2,
Government Records Access and Management Act, a person may not disclose a confidential
communication.
(2) A person may disclose a confidential communication if:
(a) the victim gives written and informed consent to the disclosure;
(b) the person has an obligation to disclose the confidential communication under
Section 
62A-3-305
 or 
63A-4a-403
; or
(c) the disclosure is required by federal law.
Section 5. Section 
77-38-204
 is amended to read:
77-38-204.
Disclosure of confidential communications.
[
The
] 
Notwithstanding Title 53B, Chapter 27, Part 2, Confidential Communications for
Institutional Advocacy Services Act, the
 confidential communication between a victim and a
sexual assault counselor is available to a third person only when:
(1) the victim is a minor and the counselor believes it is in the best interest of the
victim to disclose the confidential communication to the victim's parents;
(2) the victim is a minor and the minor's parents or guardian have consented to
disclosure of the confidential communication to a third party based upon representations made
by the counselor that it is in the best interest of the minor victim to make such disclosure;
(3) the victim is not a minor, has given consent, and the counselor believes the
disclosure is necessary to accomplish the desired result of counseling; or
(4) the counselor has an obligation under Title 62A, Chapter 4a, Child and Family
Services, to report information transmitted in the confidential communication.
Legislative Review Note
Office of Legislative Research and General Counsel