Chapter 3. Competency of Witnesses.
§ 14–301. Parties and other interested persons generally.
Except as otherwise provided by law, a person is not incompetent to testify in a civil action or proceeding by reason of his being a party thereto or interested in the result thereof. If otherwise competent to testify, he is competent to give evidence on his own behalf and competent and compellable to give evidence on behalf of any other party to the action or proceeding.
§ 14–302. Testimony against deceased or incapable person.
(a) In a civil action against:
(1) a person who, from any cause, is legally incapable of testifying, or
(2) the committee, trustee, executor, administrator, heir, legatee, devisee, assignee, or other representative of a deceased person or of a person so incapable of testifying, a judgment or decree may not be rendered in favor of the plaintiff founded on the uncorroborated testimony of the plaintiff or of the agent, servant, or employee of the plaintiff as to any transaction with, or action, declaration or admission of, the deceased or incapable person.
(b) In an action specified by subsection (a) of this section, if the plaintiff or his agent, servant, or employee, testifies as to any transaction with, or action, declaration, or admission of, the deceased or incapable person, an entry, memorandum, or declaration, oral or written, by the deceased or incapable person, made while he was capable and upon his personal knowledge, may not be excluded as hearsay.
§ 14–303. Testimony of deceased or incapable person.
When a party, after having testified at a time while he was competent to do so, dies or becomes incapable of testifying, his testimony may be given in evidence in any trial or hearing in relation to the same subject-matter between the same parties or their legal representatives, as the case may be; and in such a case the opposite party may testify in opposition thereto.
§ 14–304. Death or incapacity of partner or other interested person.
Where any of the original parties to a contract or transaction which is the subject of investigation are partners or other joint contractors, or jointly entitled or liable, and some of them have died or become incapable of testifying, any others with whom the contract or transaction was personally made or had, or in whose presence or with whose privity it was made or had, or admissions in relation to the same were made, are not, nor is the adverse party, incompetent to testify because some of the parties or joint contractors, or those jointly entitled or liable, have died or become incapable of testifying.
§ 14–305. Competency of witnesses; impeachment by evidence of conviction of crime.
(a) No person is incompetent to testify, in either civil or criminal proceedings, by reason of his having been convicted of a criminal offense.
(b)(1) Except as provided in paragraph (2), for the purpose of attacking the credibility of a witness, evidence that the witness has been convicted of a criminal offense shall be admitted if offered, either upon the cross-examination of the witness or by evidence aliunde, but only if the criminal offense (A) was punishable by death or imprisonment in excess of one year under the law under which he was convicted, or (B) involved dishonesty or false statement (regardless of punishment). A party establishing conviction by means of cross-examination shall not be bound by the witness’ answers as to matters relating to the conviction.
(2)(A) Evidence of a conviction of a witness is inadmissible under this section if —
(i) the conviction has been the subject of a pardon, annulment, or other equivalent procedure granted or issued on the basis of innocence, or
(ii) the conviction has been the subject of a certificate of rehabilitation or its equivalent and such witness has not been convicted of a subsequent criminal offense.
(B) In addition, no evidence of any conviction of a witness is admissible under this section if a period of more than ten years has elapsed since the later of (i) the date of the release of the witness from confinement imposed for his most recent conviction of any criminal offense, or (ii) the expiration of the period of his parole, probation, or sentence granted or imposed with respect to his most recent conviction of any criminal offense.
(c) For purposes of this section, to prove conviction of crime, it is not necessary to produce the whole record of the proceedings containing the conviction, but the certificate, under seal, of the clerk of the court wherein the proceedings were had, stating the fact of the conviction and for what cause, shall be sufficient.
(d) The pendency of an appeal from a conviction does not render evidence of that conviction inadmissible under this section. Evidence of the pendency of such an appeal is admissible.
§ 14–306. Spouse or domestic partner.
(a) In civil and criminal proceedings, a spouse or domestic partner is competent but not compellable to testify for or against their spouse or domestic partner.
(b) In civil and criminal proceedings, a spouse or domestic partner is not competent to testify as to any confidential communications made by one to the other during the marriage or the domestic partnership.
(b-1) Notwithstanding subsections (a) and (b) of this section, a spouse or domestic partner is both competent and compellable to testify against his or her spouse or domestic partner as to both confidential communications made by one to the other during the marriage or domestic partnership and any other matter in:
(1) A criminal or delinquency proceeding where one spouse or domestic partner is charged with committing:
(A) An offense against a current or former spouse or current or former domestic partner if the spouse or domestic partner has previously refused to testify in a criminal or delinquency proceeding against the same spouse or domestic partner for an offense against him or her; or
(B) An offense against a child, minor, or vulnerable adult who is:
(i) In the custody of or resides temporarily or permanently in the household of one of the spouses or domestic partners; or
(ii) Related by blood, marriage, domestic partnership, or adoption to one of the spouses or domestic partners;
(2) A civil proceeding involving the abuse, neglect, abandonment, custody, or dependency of a child, minor, or vulnerable adult who is:
(A) In the custody of or resides temporarily or permanently in the household of one of the spouses or domestic partners; or
(B) Related by blood, marriage, domestic partnership, or adoption to one of the spouses or domestic partners; or
(3) A criminal or delinquency proceeding where one spouse or domestic partner is charged with committing a crime jointly with the other spouse or domestic partner.
(b-2) Notwithstanding subsections (a) and (b) of this section, when one spouse or domestic partner is charged with committing a crime that occurred prior to the marriage of the spouses or prior to the filing of a domestic partnership agreement, the other spouse or domestic partner is both competent and compellable to testify against his or her spouse or domestic partner as to the crime, communications made by one to the other, and any other matter that occurred prior to the marriage of the spouses, or prior to the filing of the domestic partnership agreement.
(b-3) The burden is upon the person asserting a privilege under this section to establish that it exists.
(c) For the purposes of this section, the term:
(1) “Domestic partner” shall have the same meaning as provided in § 32-701(3).
(2) “Domestic partnership” shall have the same meaning as provided in § 32-701(4).
(3) “Refused to testify” means that the witness spouse or domestic partner has:
(A) Submitted an affidavit or other writing stating that she or he will not testify before a grand jury or in court;
(B) Taken the stand in the grand jury or in any court proceeding and asserted his or her privilege under this section not to testify; or
(C) Intentionally failed to appear in response to a subpoena.
§ 14–307. Confidential information.
*NOTE: This section includes amendments by emergency legislation that will expire on June 9, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*
(a) For the purposes of this section, the term:
(1) "Health care benefit program" means any public or private plan or contract under which a medical benefit, item, or service is or may be provided to an individual, and includes an individual or entity who provides a medical benefit, item, or service for which payment may be made under the plan or contract.
(2) "Injury" includes:
(A) Physical damage to the body;
(B) A sexual act prohibited by Chapter 30 of Title 22; and
(C) Sexual contact prohibited by Chapter 30 of Title 22.
(b) In the Federal courts in the District of Columbia and District of Columbia courts, the following individuals shall not be permitted, without the written consent of their client or of the client's legal representative, to disclose any confidential information that the individual has acquired in attending the client in a professional capacity and that was necessary to enable the individual to act in that capacity, whether the information was obtained from the client, the client's family, or the person or persons in charge of the client:
(1) Physicians;
(2) Surgeons;
(3) Mental health professionals, as that term is defined in § 7-1201.01(11);
(4) Domestic violence counselors, as that term is defined in § 14-310(a)(2);
(5) Human trafficking counselors, as that term is defined in § 14-311(a)(2);
(6) Sexual assault counselors, as that term is defined in § 23-1907(10);
(7) HVIP members, as that term is defined in § 14-313(a)(4); and
(8) Crime victim counselors, as that term is defined in § 14-314(a)(4).
(c) This section shall not apply to evidence:
(1) In a grand jury, criminal, delinquency, family, or domestic violence proceeding, where:
(A) A person is targeted for or charged with causing the death of or injuring a human being, or with attempting or threatening to kill or injure a human being, or a report has been filed with the police pursuant to § 7-2601; and
(B) The disclosure is required in the interests of justice;
(2) Related to the mental competency or sanity of an accused in criminal trials where the accused raises the defense of insanity or where the court is required under prevailing law to raise the defense sua sponte, or in the pre-trial or post-trial proceedings involving a criminal case where a question arises concerning the mental condition of an accused or convicted person;
(3) Related to the mental competency or sanity of a child alleged to be delinquent, neglected, or in need of supervision in any proceeding before the Family Division of the Superior Court;
(4) In a grand jury, criminal, delinquency, or civil proceeding where a person is alleged to have defrauded:
(A) The District of Columbia or federal government in relation to receiving or providing services under the District of Columbia medical assistance program authorized by title 19 of the Social Security Act, approved July 30, 1965 (79 Stat. 343; 42 U.S.C. § 1396 et seq.);
(B) A health care benefit program; or
(C) An elderly person or vulnerable adult, as those terms are defined in § 22-932(3) and (5); or
(5) In a criminal or delinquency proceeding where:
(A) A person is charged with an impaired driving offense resulting in the death of or injury to another human being; and
(B) The disclosure is required in the interest of justice.
(d)(1) Before finding that the disclosure of confidential information is required in the interest of justice, as provided in subsection (c)(1)(B) and (5)(B) of this section, the court shall:
(A) Serve the victim with notice of the potential disclosure of confidential information; and
(B) Provide the victim with 14 days from the date of service to object to the disclosure of confidential information and provide an explanation for why the disclosure is not in the interest of justice.
(2) When determining whether the disclosure of confidential information of a victim is required in the interest of justice, as provided in subsection (c)(1)(B) and (5)(B) of this section, the court shall consider the rights of crime victims under § 23-1901 and 18 U.S.C. 3771.
(e) If the victim's ability to object pursuant to subsection (d)(1)(B) of this section is diminished because of minority, mental impairment, medical incapacity, or some other reason, the court:
(1)(A) Shall provide notice to the victim's parent, guardian, or custodian; or
(B) May appoint an attorney to receive the notice on the victim's behalf; and
(2) Shall provide the victim's parent, guardian, or custodian, or an attorney acting on the victim's behalf, with 14 days from the date of service to object to the disclosure of confidential information and provide an explanation for why the disclosure is not in the interest of justice.
§ 14–308. Assessment officials as expert witnesses in condemnation proceedings.
In an action for the condemnation of lands, an official or other employee of the District, charged with the duty of appraising real property for assessment purposes, is not disqualified, by reason of the fact that he is so employed, from testifying as an expert witness to the market value of lands, and as to benefits.
§ 14–309. Clergy.
A priest, clergyman, rabbi, or other duly licensed, ordained, or consecrated minister of a religion authorized to perform a marriage ceremony in the District of Columbia or duly accredited practitioner of Christian Science may not be examined in any civil or criminal proceedings in the Federal courts in the District of Columbia and District of Columbia courts with respect to any —
(1) confession, or communication, made to him, in his professional capacity in the course of discipline enjoined by the church or other religious body to which he belongs, without the consent of the person making the confession or communication; or
(2) communication made to him, in his professional capacity in the course of giving religious or spiritual advice, without the consent of the person seeking the advice; or
(3)(A) communication made to him, in his professional capacity, by either spouse or domestic partner, in connection with an effort to reconcile estranged spouses or domestic partners, without the consent of the spouse or domestic partner making the communication.
(B) for the purposes of this paragraph, the term “domestic partner” shall have the same meaning as provided in § 32-701(3).
§ 14–310. Domestic violence counselors.
*NOTE: This section includes amendments by emergency legislation that will expire on June 23, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Past Permanent Version.*
(a) For the purposes of this section, the term:
(1) “Confidential communication” means information exchanged between a victim and a domestic violence counselor during the course of the counselor providing counseling, support, and assistance to a victim, including all records kept by the counselor and the domestic violence program concerning the victim and services provided to the victim.
(2) “Domestic violence counselor” means an employee, contractor, or volunteer of a domestic violence program who:
(A) Is rendering support, counseling, or assistance to a victim;
(B) Has undergone not less than 40 hours of domestic violence counselor training conducted by a domestic violence program that includes dynamics of domestic violence, trauma resulting from domestic violence, crisis intervention, personal safety, risk management, criminal and civil court processes, and resources available to victims; and
(C)(i) Is or is under the supervision of a licensed social worker, nurse, physician, psychologist, or psychotherapist; or
(ii) Is or is under the supervision of a person who has a minimum of 5 years of experience rendering support, counseling, or assistance to persons against whom severe emotional abuse or a criminal offense has been committed or is alleged to have been committed, of which at least 2 years of experience involves victims.
(3) “Domestic violence program” means a nonprofit, non-governmental organization that supports, counsels, and assists victims, including domestic violence hotlines, domestic violence shelters, and domestic violence intake centers.
(4) “Intrafamily offense” shall have the same meaning as provided in § 16-1001(8).
(5) “Victim” means a person against whom severe emotional abuse or an intrafamily offense has been committed or is alleged to have been committed.
(b)(1) A domestic violence counselor shall not disclose a confidential communication except:
(A) As required by statute or by a court of law;
(B) As voluntarily authorized in writing by the victim;
(C) To other individuals employed at the domestic violence program and third party providers when and to the extent necessary to facilitate the delivery of services to the victim;
(D) To the Metropolitan Police Department or other law enforcement agency to the extent necessary to protect the victim or another individual from a substantial risk of imminent and serious physical injury;
(E) To compile statistical or anecdotal information, without personal identifying information, for research or public information purposes; or
(F) For any confidential communications relevant to a claim or defense if the victim files a lawsuit against a domestic violence counselor or a domestic violence program.
(2) Unless the disclosure is public, confidential communications disclosed pursuant to paragraph (1) of this subsection shall not be further disclosed by the recipient except as authorized in paragraph (1) of this subsection.
(3) Confidential communications are not waived by the presence of a sign language or foreign language interpreter. Such an interpreter is subject to the same disclosure limitations set forth in paragraph (1) of this subsection and the same privilege set forth in subsection (c) of this section.
(4) Notwithstanding any other law, domestic violence counselors shall report to the Metropolitan Police Department or the Child and Family Services Agency any crime disclosed in a confidential communication if the domestic violence counselor has actual knowledge that the crime disclosed to the domestic violence counselor involves:
(A) A victim under the age of 13;
(B) A perpetrator or alleged perpetrator with whom a victim under 18 years of age has a significant relationship, as that term is defined in § 22-3001(10); or
(C) A perpetrator or alleged perpetrator who is more than 4 years older than a victim who is under 18 years of age.
(c)(1) Except as provided in paragraph (2) of this subsection, when a victim is under 13 years of age, has been adjudicated incompetent by a court of competent jurisdiction for the purpose of asserting or waiving the privilege established by this section, or is deceased, the victim’s parent, guardian, or personal representative may assert or waive the privilege.
(2) If the parent, guardian, or personal representative of a victim described in paragraph (1) of this subsection has been charged with an intrafamily offense or has had a protection order or a neglect petition entered against him or her at the request of or on behalf of the victim, or otherwise has interests adverse to those of the victim with respect to the assertion or waiver of the privilege, the court shall appoint an attorney for purposes of asserting or waiving the privilege.
(d) The assertion of any privilege under this section is not admissible in evidence.
§ 14–311. Human trafficking counselors.
*NOTE: This section includes amendments by emergency legislation that will expire on June 23, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Past Permanent Version.*
(a) For the purposes of this section, the term:
(1) “Confidential communication” means information exchanged between a victim and a human trafficking counselor during the course of the counselor providing counseling, support, and assistance to a victim, including all records kept by the counselor and the human trafficking program concerning the victim and services provided to the victim.
(2) “Human trafficking counselor” means an employee, contractor, or volunteer of a human trafficking program who:
(A) Is rendering support, counseling, or assistance to a victim;
(B) Has undergone not less than 40 hours of human trafficking counselor training conducted by a human trafficking program that includes dynamics of human trafficking, trauma resulting from human trafficking, crisis intervention, personal safety, risk management, criminal and civil court processes, and resources available to victims; and
(C)(i) Is or is under the supervision of a licensed social worker, nurse, physician, psychologist, or psychotherapist; or
(ii) Is or is under the supervision of a person who has a minimum of 5 years of experience rendering support, counseling, or assistance to persons against whom severe emotional abuse or a criminal offense has been committed or is alleged to have been committed, of which at least 2 years of experience involves human trafficking victims.
(3) “Human trafficking offense” means abducting or enticing a child from his or her home for purposes of prostitution (§ 22-2704); harboring such child (§ 22-2704); pandering (§ 22-2705); inducing or compelling an individual to engage in prostitution (§ 22-2705); compelling an individual to live life of prostitution against his or her will (§ 22-2706); causing spouse to live in prostitution (§ 22-2708); sexual performance using minors (§ 22-3102); forced labor as prohibited by [§ 22-1832]; trafficking in labor or commercial sex as prohibited by [§ 22-1833]; sex trafficking of children as prohibited by [§ 22-1834]; unlawful conduct with respect to documents in furtherance of human trafficking as prohibited by [22-1835]; or benefitting financially from human trafficking, as prohibited by [§ 22-1836].
(4) “Human trafficking program” means a nonprofit, non-governmental organization that supports, counsels, and assists victims of human trafficking.
(5) “Intrafamily offense” shall have the same meaning as provided in § 16-1001(8).
(6) “Victim” means a person against whom a human trafficking offense has been committed or is alleged to have been committed.
(b)(1) A human trafficking counselor shall not disclose a confidential communication except:
(A) As required by statute or by a court of law;
(B) As voluntarily authorized in writing by the victim;
(C) To other individuals employed at the human trafficking program and third party providers when and to the extent necessary to facilitate the delivery of services to the victim;
(D) To the Metropolitan Police Department or other law enforcement agency to the extent necessary to protect the victim or another individual from a substantial risk of imminent and serious physical injury or kidnapping;
(E) To compile statistical or anecdotal information, without personal identifying information, for research or public information purposes; or
(F) For any confidential communications relevant to a claim or defense if the victim files a lawsuit against a human trafficking counselor or a human trafficking program.
(2) Unless the disclosure is public, confidential communications disclosed pursuant to paragraph (1) of this subsection shall not be further disclosed by the recipient except as authorized in paragraph (1) of this subsection.
(3) Confidential communications are not waived by the presence of a sign language or foreign language interpreter. Such an interpreter is subject to the same disclosure limitations set forth in paragraph (1) of this subsection and the same privilege set forth in subsection (c) of this section.
(4) Notwithstanding any other law, human trafficking counselors shall report to the Metropolitan Police Department or the Child and Family Services Agency any crime disclosed in a confidential communication if the human trafficking counselor has actual knowledge that the crime disclosed to the human trafficking counselor involves:
(A) A victim under the age of 13;
(B) A perpetrator or alleged perpetrator with whom a victim under 18 years of age has a significant relationship, as that term is defined in § 22-3001(10); or
(C) A perpetrator or alleged perpetrator who is more than 4 years older than a victim who is under 18 years of age.
(c)(1) Except as provided in paragraph (2) of this subsection, when a victim is under 13 years of age, has been adjudicated incompetent by a court of competent jurisdiction for the purpose of asserting or waiving the privilege established by this section, or is deceased, the victim’s parent, guardian, or personal representative may assert or waive the privilege.
(2) If the parent, guardian, or personal representative of a victim described in paragraph (1) of this subsection has been charged with an intrafamily offense or has had a protection order or a neglect petition entered against him or her at the request of or on behalf of the victim, or otherwise has interests adverse to those of the victim with respect to the assertion or waiver of the privilege, the court shall appoint an attorney for purposes of asserting or waiving the privilege.
(d) The assertion of any privilege under this section is not admissible in evidence.
§ 14–312. Sexual assault counselors.
*NOTE: Section 3(c) of D.C. Act 25-425 sttempted to amend subsection (b)(4) of this section, which was repealed by section 107(d) of D.C. Law 24-341.*
(a) For the purposes of this section, the term:
(1) "Confidential communication" means:
(A) Information exchanged between a sexual assault victim 13 years of age or older and a sexual assault counselor during the course of the sexual assault counselor providing counseling, support, and assistance to the victim; and
(B) Records kept by a community-based organization in the course of providing victim advocacy services pursuant to [§ 23-1909] for sexual assault victim 13 years of age or older.
(2) "DC SANE Program" means the DC Sexual Assault Nurse Examiner Program that provides comprehensive medical forensic care to sexual assault victims including:
(A) The DC Forensic Nurse Examiners;
(B) The Child and Adolescent Protection Center; and
(C) Any other entity within the District that is a member of the SART or the multidisciplinary investigation team, as described in [§ 4-1301.51].
(3) “Intrafamily offense” shall have the same meaning as provided in § 16-1001(8).
(4) “MPD” means the Metropolitan Police Department.
(5) "Sexual assault" means any of the following offenses: §§ 22-1834 (sex trafficking of children); 22-2704 (abducting or enticing child from his or her home for the purposes of prostitution; harboring such child); 22-2705 (pandering; inducing or compelling an individual to engage in prostitution); 22-2706 (compelling an individual to live life of prostitution against his or her will); 22-2708 (causing spouse or domestic partner to live in prostitution); 22-2709 (detaining an individual in disorderly house for debt there contracted); 22-1901 (incest); 22-3002 (first degree sexual abuse); 22-3003 (second degree sexual abuse); 22-3004 (third degree sexual abuse); 22-3005 (fourth degree sexual abuse); 22-3006 (misdemeanor sexual abuse); 22-3008 (first degree child sexual abuse); 22-3009 (second degree child sexual abuse); 22-3009.01 (first degree sexual abuse of a minor); 22-3009.02 (second degree sexual abuse of a minor); 22-3009.03 (first degree sexual abuse of a secondary education student); 22-3009.04 (second degree sexual abuse of a secondary education student); 22-3010 (enticing a child or minor);22-3010.01 (misdemeanor sexual abuse of a child or minor); 22-3010.02 (arranging for sexual contact with a real or fictitious child); 22-3013 (first degree sexual abuse of a ward, patient, client, or prisoner); 22-3014 (second degree sexual abuse of a ward, patient, client, or prisoner); 22-3015 (first degree sexual abuse of a patient or client); 22-3016 (second degree sexual abuse of a patient or client); 22-3018 (attempts to commit sexual offenses); or 22-3102 (knowingly using a minor in a sexual performance or promoting a sexual performance by a minor).
(5A) "Sexual assault counselor" shall have the same meaning as provided in § 23-1907(10).
(6) "Sexual assault victim" means any individual against whom a sexual assault has been committed or is alleged to have been committed, including:
(A) Deceased individuals; and
(B) Representatives appointed by the court to exercise the rights and receive services on behalf of sexual assault victims who are under 18 years of age, incompetent, incapacitated, or deceased.
(7) [Repealed].
(b)(1) A sexual assault counselor shall not disclose a confidential communication except:
(A) As required by statute or by a court of law;
(B) As voluntarily authorized in writing by the sexual assault victim;
(C) To other individuals employed by the DC SANE Program and third party providers when and to the extent necessary to facilitate the delivery of services to the sexual assault victim;
(D) To the MPD or other law enforcement agency to the extent necessary to protect the sexual assault victim or another individual from a substantial risk of imminent and serious physical injury;
(E) To compile statistical or anecdotal information, without personal identifying information, for research or public information purposes; or
(F) For any confidential communications relevant to a claim or defense if the sexual assault victim files a lawsuit against a sexual assault counselor or the DC SANE Program.
(2) Unless the disclosure is public, confidential communications disclosed pursuant to paragraph (1) of this subsection shall not be further disclosed by the recipient except as authorized in paragraph (1) of this subsection.
(3) The confidentiality of a confidential communication shall not be waived by the presence of, or disclosure to a:
(A) Sign language or foreign language interpreter; provided, that a sign language or foreign language interpreter shall be subject to the limitations and exceptions set forth in paragraph (1) of this subsection and the same privileges set forth in subsection (c) of this section;
(B) Third party participating in group counseling with the sexual assault victim; or
(C) Third party with the consent of the victim where reasonably necessary to accomplish the purpose for which the sexual assault counselor is consulted.
(4) [Repealed].
(5) Notwithstanding any other law, sexual assault counselors shall report to the Metropolitan Police Department or the Child and Family Services Agency any crime disclosed in a confidential communication if the sexual assault counselor has actual knowledge that the crime disclosed to the sexual assault counselor involves:
(A) A victim under the age of 13;
(B) A perpetrator or alleged perpetrator with whom the sexual assault victim has a significant relationship, as that term is defined in § 22-3001(10); or
(C) A perpetrator or alleged perpetrator who is more than 4 years older than the sexual assault victim.
(b-1) The presence of a sexual assault counselor shall not waive any privilege otherwise guaranteed by law.
(c)(1) Except as provided in paragraph (2) of this subsection, when a sexual assault victim who is under 13 years of age has been adjudicated incompetent by a court of competent jurisdiction for the purpose of asserting or waiving the privilege established by this section, or is deceased, the sexual assault victim’s parent, guardian, or personal representative may assert or waive the privilege.
(2) If the parent, guardian, or personal representative of the sexual assault victim described in paragraph (1) of this subsection has been charged with an intrafamily offense, sexual assault, or has had a protection order or a neglect petition entered against him or her at the request of or on behalf of the sexual assault victim, or otherwise has interests adverse to those of the sexual assault victim with respect to the assertion or waiver of the privilege, the court shall appoint an attorney for purposes of asserting or waiving the privilege.
(d) The assertion of any privilege under this section is not admissible in evidence.
§ 14–313. Hospital-based violence intervention programs.
(a) For the purposes of this section, the term:
(1) "Confidential communication" means information exchanged between a victim and a HVIP member during the course of the HVIP member providing counseling, support, and assistance to a victim, including all records kept by the HVIP member and the hospital-based violence intervention program concerning the victim and services provided to the victim.
(2) "Hospital" means a facility that provides 24-hour inpatient care, including diagnostic, therapeutic, and other health-related services, for a variety of physical or mental conditions, and may, in addition, provide outpatient services, particularly emergency care, from which a hospital-based violence intervention program operates.
(3) "Hospital-based violence intervention program" means a non-governmental program that:
(A) Provides counseling, case management, and social services to victims at, or in conjunction with, a hospital to prevent retaliatory violence; and
(B) Participates in, or is a member of, a coordinating body for similar programs, such as Project CHANGE or the Health Alliance for Violence Intervention.
(4) "HVIP member" means an employee, contractor, or volunteer of a hospital-based violence intervention program.
(5) "Victim" means a person who suffered an intentionally inflicted gunshot or stabbing wound.
(b)(1) An HVIP member shall not disclose a confidential communication except:
(A) As required by statute or by a court of law;
(B) As voluntarily authorized in writing by the victim;
(C) To other individuals employed at the hospital-based violence intervention program and third-party providers when, and to the extent necessary, to facilitate the delivery of services to the victim;
(D) To the Metropolitan Police Department or other law enforcement agencies, to the extent necessary to protect the victim or another individual from a substantial risk of imminent and serious physical injury;
(E) To compile statistical or anecdotal information, without personal identifying information, for research or public information purposes; or
(F) For any confidential communications relevant to a claim or defense if the victim files a lawsuit against a hospital-based violence intervention program or HVIP members.
(2) Unless the disclosure is public, confidential communications disclosed pursuant to paragraph (1) of this subsection shall not be further disclosed by the recipient except as authorized in paragraph (1) of this subsection.
(3) The confidentiality of a confidential communication shall not be waived by the presence of, or disclosure to, a:
(A) Sign language or foreign language interpreter, who shall be subject to the limitations and exceptions set forth in paragraph (1) of this subsection and the same privileges set forth in subsection (c) of this section;
(B) Third party participating in group counseling with the victim; or
(C) Third party with the consent of the victim where reasonably necessary to accomplish the purpose for which the HVIP member is consulted.
(c)(1) Except as provided in paragraph (2) of this subsection, when a victim is under 13 years of age, has been adjudicated incompetent by a court of competent jurisdiction for the purpose of asserting or waiving the privilege established by this section, or is deceased, the victim's parent, guardian, or personal representative may assert or waive the privilege.
(2) If the parent, guardian, or personal representative of a victim described in paragraph (1) of this subsection has been charged with an intrafamily offense or has had a protection order or a neglect petition entered against the parent, guardian, or personal representative at the request of or on behalf of the victim, or otherwise has interests adverse to those of the victim with respect to the assertion or waiver of the privilege, the court shall appoint an attorney for purposes of asserting or waiving the privilege.
(d) The assertion of any privilege under this section is not admissible in evidence.
§ 14–314. Crime victim counselors.
(a) For the purposes of this section, the term:
(1) "Confidential communication" means information exchanged between a victim and a crime victim counselor during the course of the advocate providing counseling, support, and assistance to a victim, including all records kept by the crime victim counselor and the crime victim counselor program concerning the victim and services provided to the victim.
(2) "Crime" means the following criminal offenses:
(A) Assault with intent to kill, rob, or poison, or to commit first degree sexual abuse, second degree sexual abuse or child sexual abuse, as provided in § 22-401;
(B) Assault with intent to commit mayhem or with dangerous weapon, as provided in § 22-402;
(C) Aggravated assault, as provided in § 22-404.01;
(D) Murder in the first degree, as provided in § 22-2101;
(E) Murder in the second degree, as provided in § 22-2103; and
(F) Murder of a law enforcement officer, as provided in § 22-2106.
(3) "Crime victim counselor program" means a nonprofit, non-governmental organization that supports, counsels, and assists victims of crime.
(4) "Crime victim counselor" means an employee, contractor, or volunteer of a crime victim counselor program who:
(A) Is rendering support, counseling, or assistance to a victim;
(B) Has undergone at least 40 hours of training related to crime victim counseling that includes instruction on:
(i) The dynamics and history of violent crime;
(ii) Trauma resulting from violent crime;
(iii) Responding to the specific needs of youth victims of violent crime;
(iv) Trauma-informed care, crisis intervention, personal safety, and risk management;
(v) Cultural humility; and
(vi) Services available to victims of violent crime; and
(C) Is supervised by an individual who has a minimum of:
(i) Five years of experience rendering support, counseling, or assistance to victims of violent crime; or
(ii) Three years of experience rendering support, counseling, or assistance victims of violent crime and an advanced degree in a related field.
(5) "Victim" means a person against whom a crime has been committed or attempted to be committed.
(b)(1) A crime victim counselor shall not disclose a confidential communication except:
(A) As required by statute or by a court of law;
(B) As voluntarily authorized in writing by the victim;
(C) To other individuals employed at the crime victim counselor program and third-party providers when, and to the extent necessary, to facilitate the delivery of services to the victim;
(D) To the Metropolitan Police Department or other law enforcement agencies, to the extent necessary to protect the victim or another individual from a substantial risk of imminent and serious physical injury;
(E) To compile statistical or anecdotal information, without personal identifying information, for research or public information purposes; or
(F) For any confidential communications relevant to a claim or defense if the victim files a lawsuit against a crime victim counselor program or its members.
(2) Unless the disclosure is public, confidential communications disclosed pursuant to paragraph (1) of this subsection shall not be further disclosed by the recipient except as authorized in paragraph (1) of this subsection.
(3) The confidentiality of a confidential communication shall not be waived by the presence of, or disclosure to, a:
(A) Sign language or foreign language interpreter, who shall be subject to the limitations and exceptions set forth in paragraph (1) of this subsection and the same privileges set forth in subsection (c) of this section;
(B) Third party participating in group counseling with the victim; or
(C) Third party with the consent of the victim where reasonably necessary to accomplish the purpose for which the crime victim counselor is consulted.
(c)(1) Except as provided in paragraph (2) of this subsection, when a victim is under 13 years of age, has been adjudicated incompetent by a court of competent jurisdiction for the purpose of asserting or waiving the privilege established by this section, or is deceased, the victim's parent, guardian, or personal representative may assert or waive the privilege.
(2) If the parent, guardian, or personal representative of a victim described in paragraph (1) of this subsection has been charged with an intrafamily offense or has had a protection order or a neglect petition entered against him or her at the request of or on behalf of the victim, or otherwise has interests adverse to those of the victim with respect to the assertion or waiver of the privilege, the court shall appoint an attorney for purposes of asserting or waiving the privilege.
(d) The assertion of any privilege under this section is not admissible in evidence.
