BILL NUMBER: SB 1743 CHAPTERED
BILL TEXT
CHAPTER 689
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2006
APPROVED BY GOVERNOR SEPTEMBER 29, 2006
PASSED THE SENATE AUGUST 31, 2006
PASSED THE ASSEMBLY AUGUST 28, 2006
AMENDED IN ASSEMBLY AUGUST 24, 2006
AMENDED IN SENATE MAY 16, 2006
INTRODUCED BY Senator Bowen
FEBRUARY 24, 2006
An act to amend Section 1277 of the Code of Civil Procedure, to
amend Sections 917, 1035, 1035.2, 1035.8, and 1036 of, to amend the
headings of Article 8.5 (commencing with Section 1035), Article 8.7
(commencing with Section 1037), and Article 8.8 (commencing with
Section 1038) of Chapter 4 of Division 8 of, the Evidence Code, to
amend Section 6276.40 of the Government Code, and to amend Sections
264.2, 679.04, and 11163.3 of the Penal Code, relating to victims of
crime.
LEGISLATIVE COUNSEL'S DIGEST
SB 1743, Bowen Victims of crime.
(1) Existing law provides that where a petition to the court for a
change of name alleges that the reason for the petition is to avoid
domestic violence or stalking, as defined, and the petitioner is a
participant in the address confidentiality program, the petition, the
order of the court, and the copy of the order to show cause that is
required to be published shall, in lieu of reciting the proposed
name, indicate that the proposed name is confidential and will be on
file with the Secretary of State pursuant to the provisions of the
program.
This bill would additionally apply these provisions to a
petitioner who is, or who is filing on behalf of, a victim of sexual
assault. It would also specify that the action for the change of name
is exempt under these provisions from the requirement of publication
of the order to show cause.
(2) Existing law permits a person to claim an evidentiary
privilege for confidential communications between that person and a
specified individual, including, but not limited to, a sexual assault
counselor, a domestic violence counselor, and a human trafficking
counselor.
This bill would make various semantic, conforming, technical, and
nonsubstantive changes to these provisions.
(3) The bill would incorporate additional changes to Section 1277
of the Code of Civil Procedure proposed by this bill and AB 2303 to
take effect if both bills are chaptered and this bill is chaptered
last.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1277 of the Code of Civil Procedure is amended
to read:
1277. (a) Where an action for a change of name is commenced by
the filing of a petition, except as provided in subdivisions (b) and
(c), the court shall thereupon make an order reciting the filing of
the petition, the name of the person by whom it is filed and the name
proposed, and directing all persons interested in the matter to
appear before the court at a time and place specified, which shall be
not less than four nor more than eight weeks from the time of making
the order, to show cause why the application for change of name
should not be granted. A copy of the order to show cause shall be
published pursuant to Section 6064 of the Government Code in a
newspaper of general circulation to be designated in the order
published in the county. If no newspaper of general circulation is
published in the county, a copy of the order to show cause shall be
posted by the clerk of the court in three of the most public places
in the county in which the court is located, for a like period. Proof
shall be made to the satisfaction of the court of this publication
or posting, at the time of the hearing of the application.
Four weekly publications shall be sufficient publication of the
order to show cause. If the order is published in a daily newspaper,
publication once a week for four successive weeks shall be
sufficient.
Where a petition has been filed for a minor by a parent and the
other parent, if living, does not join in consenting thereto, the
petitioner shall cause, not less than 30 days prior to the hearing,
to be served notice of the time and place of the hearing or a copy of
the order to show cause on the other parent pursuant to Section
413.10, 414.10, 415.10, or 415.40.
(b) (1) Where the petition for a change of name alleges a reason
or circumstance described in paragraph (2), and the petitioner is a
participant in the address confidentiality program created pursuant
to Chapter 3.1 (commencing with Section 6205) of Division 7 of Title
1 of the Government Code, the action for a change of name is exempt
from the requirement for publication of the order to show cause under
subdivision (a), and the petition and the order of the court shall,
in lieu of reciting the proposed name, indicate that the proposed
name is confidential and will be on file with the Secretary of State
pursuant to the provisions of the address confidentiality program.
(2) The procedure described in paragraph (1) applies to petitions
alleging any of the following reasons or circumstances:
(A) To avoid domestic violence, as defined in Section 6211 of the
Family Code.
(B) To avoid stalking, as defined in Section 646.9 of the Penal
Code.
(C) The petitioner is, or is filing on behalf of, a victim of
sexual assault, as defined in Section 1036.2 of the Evidence Code.
(c) An action for a change of name for a witness participating in
the state Witness Protection Program established by Title 7.5
(commencing with Section 14020) of Part 4 of the Penal Code who has
been approved for the change of name by the program is exempt from
the requirement for publication of the order to show cause under
subdivision (a).
(d) Where application for change of name is brought as part of an
action under the Uniform Parentage Act (Part 3 (commencing with
Section 7600) of Division 12 of the Family Code), whether as part of
a petition or cross-complaint or as a separate order to show cause in
a pending action thereunder, service of the application shall be
made upon all other parties to the action in a like manner as
prescribed for the service of a summons, as is set forth in Article 3
(commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2.
Upon the setting of a hearing on the issue, notice of the hearing
shall be given to all parties in the action in a like manner and
within the time limits prescribed generally for the type of hearing
(whether trial or order to show cause) at which the issue of the
change of name is to be decided.
(e) Where a guardian files a petition to change the name of his or
her minor ward pursuant to Section 1276:
(1) The guardian shall provide notice of the hearing to any living
parent of the minor by personal service at least 30 days prior to
the hearing.
(2) If either or both parents are deceased or cannot be located,
the guardian shall cause, not less than 30 days prior to the hearing,
to be served a notice of the time and place of the hearing or a copy
of the order to show cause on the child's grandparents, if living,
pursuant to Section 413.10, 414.10, 415.10, or 415.40.
SEC. 1.5. Section 1277 of the Code of Civil Procedure is amended
to read:
1277. (a) If a proceeding for a change of name is commenced by
the filing of a petition, except as provided in subdivisions (b) and
(e), the court shall thereupon make an order reciting the filing of
the petition, the name of the person by whom it is filed, and the
name proposed. The order shall direct all persons interested in the
matter to appear before the court at a time and place specified,
which shall be not less than six nor more than 12 weeks from the time
of making the order, unless the court orders a different time, to
show cause why the application for change of name should not be
granted. The order shall direct all persons interested in the matter
to make known any objection that they may have to the granting of the
petition for change of name by filing a written objection, which
includes the reasons for the objection, with the court at least two
court days before the matter is scheduled to be heard and by
appearing in court at the hearing to show cause why the petition for
change of name should not be granted. The order shall state that, if
no written objection is timely filed, the court may grant the
petition without a hearing.
A copy of the order to show cause shall be published pursuant to
Section 6064 of the Government Code in a newspaper of general
circulation to be designated in the order published in the county. If
no newspaper of general circulation is published in the county, a
copy of the order to show cause shall be posted by the clerk of the
court in three of the most public places in the county in which the
court is located, for a like period. Proof shall be made to the
satisfaction of the court of this publication or posting, at the time
of the hearing of the application.
Four weekly publications shall be sufficient publication of the
order to show cause. If the order is published in a daily newspaper,
publication once a week for four successive weeks shall be
sufficient.
If a petition has been filed for a minor by a parent and the other
parent, if living, does not join in consenting thereto, the
petitioner shall cause, not less than 30 days prior to the hearing,
to be served notice of the time and place of the hearing or a copy of
the order to show cause on the other parent pursuant to Section
413.10, 414.10, 415.10, or 415.40. If notice of the hearing cannot
reasonably be accomplished pursuant to Section 415.10 or 415.40, the
court may order that notice be given in a manner that the court
determines is reasonably calculated to give actual notice to the
nonconsenting parent. In that case, if the court determines that
notice by publication is reasonably calculated to give actual notice
to the nonconsenting parent, the court may determine that publication
of the order to show cause pursuant to this subdivision is
sufficient notice to the nonconsenting parent.
(b) (1) If the petition for a change of name alleges a reason or
circumstance described in paragraph (2), and the petitioner is a
participant in the address confidentiality program created pursuant
to Chapter 3.1 (commencing with Section 6205) of Division 7 of Title
1 of the Government Code, the action for a change of name is exempt
from the requirement for publication of the order to show cause under
subdivision (a), and the petition and the order of the court, shall,
in lieu of reciting the proposed name, indicate that the proposed
name is confidential and will be on file with the Secretary of State
pursuant to the provisions of the address confidentiality program.
(2) The procedure described in paragraph (1) applies to petitions
alleging any of the following reasons or circumstances:
(A) To avoid domestic violence, as defined in Section 6211 of the
Family Code.
(B) To avoid stalking, as defined in Section 646.9 of the Penal
Code.
(C) The petitioner is, or is filing on behalf of, a victim of
sexual assault, as defined in Section 1036.2 of the Evidence Code.
(c) A proceeding for a change of name for a witness participating
in the state Witness Protection Program established by Title 7.5
(commencing with Section 14020) of Part 4 of the Penal Code who has
been approved for the change of name by the program is exempt from
the requirement for publication of the order to show cause under
subdivision (a).
(d) If application for change of name is brought as part of an
action under the Uniform Parentage Act (Part 3 (commencing with
Section 7600) of Division 12 of the Family Code), whether as part of
a petition or cross-complaint or as a separate order to show cause in
a pending action thereunder, service of the application shall be
made upon all other parties to the action in a like manner as
prescribed for the service of a summons, as is set forth in Article 3
(commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2.
Upon the setting of a hearing on the issue, notice of the hearing
shall be given to all parties in the action in a like manner and
within the time limits prescribed generally for the type of hearing
(whether trial or order to show cause) at which the issue of the
change of name is to be decided.
(e) If a guardian files a petition to change the name of his or
her minor ward pursuant to Section 1276:
(1) The guardian shall provide notice of the hearing to any living
parent of the minor by personal service at least 30 days prior to
the hearing.
(2) If either or both parents are deceased or cannot be located,
the guardian shall cause, not less than 30 days prior to the hearing,
to be served a notice of the time and place of the hearing or a copy
of the order to show cause on the child's grandparents, if living,
pursuant to Section 413.10, 414.10, 415.10, or 415.40.
SEC. 2. Section 917 of the Evidence Code is amended to read:
917. (a) If a privilege is claimed on the ground that the matter
sought to be disclosed is a communication made in confidence in the
course of the lawyer-client, physician-patient,
psychotherapist-patient, clergy-penitent, husband-wife, sexual
assault counselor-victim, or domestic violence counselor-victim
relationship, the communication is presumed to have been made in
confidence and the opponent of the claim of privilege has the burden
of proof to establish that the communication was not confidential.
(b) A communication between persons in a relationship listed in
subdivision (a) does not lose its privileged character for the sole
reason that it is communicated by electronic means or because persons
involved in the delivery, facilitation, or storage of electronic
communication may have access to the content of the communication.
(c) For purposes of this section, "electronic" has the same
meaning provided in Section 1633.2 of the Civil Code.
SEC. 3. The heading of Article 8.5 (commencing with Section 1035)
of Chapter 4 of Division 8 of the Evidence Code is amended to read:
Article 8.5. Sexual Assault Counselor-Victim Privilege
SEC. 4. Section 1035 of the Evidence Code is amended to read:
1035. As used in this article, "victim" means a person who
consults a sexual assault counselor for the purpose of securing
advice or assistance concerning a mental, physical, or emotional
condition caused by a sexual assault.
SEC. 5. Section 1035.2 of the Evidence Code is amended to read:
1035.2. As used in this article, "sexual assault counselor" means
any of the following:
(a) A person who is engaged in any office, hospital, institution,
or center commonly known as a rape crisis center, whose primary
purpose is the rendering of advice or assistance to victims of sexual
assault and who has received a certificate evidencing completion of
a training program in the counseling of sexual assault victims issued
by a counseling center that meets the criteria for the award of a
grant established pursuant to Section 13837 of the Penal Code and who
meets one of the following requirements:
(1) Is a psychotherapist as defined in Section 1010; has a master'
s degree in counseling or a related field; or has one year of
counseling experience, at least six months of which is in rape crisis
counseling.
(2) Has 40 hours of training as described below and is supervised
by an individual who qualifies as a counselor under paragraph (1).
The training, supervised by a person qualified under paragraph (1),
shall include, but not be limited to, the following areas:
(A) Law.
(B) Medicine.
(C) Societal attitudes.
(D) Crisis intervention and counseling techniques.
(E) Role playing.
(F) Referral services.
(G) Sexuality.
(b) A person who is employed by any organization providing the
programs specified in Section 13835.2 of the Penal Code, whether
financially compensated or not, for the purpose of counseling and
assisting sexual assault victims, and who meets one of the following
requirements:
(1) Is a psychotherapist as defined in Section 1010; has a master'
s degree in counseling or a related field; or has one year of
counseling experience, at least six months of which is in rape
assault counseling.
(2) Has the minimum training for sexual assault counseling
required by guidelines established by the employing agency pursuant
to subdivision (c) of Section 13835.10 of the Penal Code, and is
supervised by an individual who qualifies as a counselor under
paragraph (1). The training, supervised by a person qualified under
paragraph (1), shall include, but not be limited to, the following
areas:
(A) Law.
(B) Victimology.
(C) Counseling.
(D) Client and system advocacy.
(E) Referral services.
SEC. 6. Section 1035.8 of the Evidence Code is amended to read:
1035.8. A victim of a sexual assault, whether or not a party, has
a privilege to refuse to disclose, and to prevent another from
disclosing, a confidential communication between the victim and a
sexual assault counselor if the privilege is claimed by any of the
following :
(a) The holder of the privilege;
(b) A person who is authorized to claim the privilege by the
holder of the privilege; or
(c) The person who was the sexual assault counselor at the time of
the confidential communication, but that person may not claim the
privilege if there is no holder of the privilege in existence or if
he or she is otherwise instructed by a person authorized to permit
disclosure.
SEC. 7. Section 1036 of the Evidence Code is amended to read:
1036. The sexual assault counselor who received or made a
communication subject to the privilege under this article shall claim
the privilege if he or she is present when the communication is
sought to be disclosed and is authorized to claim the privilege under
subdivision (c) of Section 1035.8.
SEC. 8. The heading of Article 8.7 (commencing with Section 1037)
of Chapter 4 of Division 8 of the Evidence Code is amended to read:
Article 8.7. Domestic Violence Counselor-Victim Privilege
SEC. 9. The heading of Article 8.8 (commencing with Section 1038)
of Chapter 4 of Division 8 of the Evidence Code is amended to read:
Article 8.8. Human Trafficking Caseworker-Victim Privilege
SEC. 10. Section 6276.40 of the Government Code is amended to
read:
6276.40. Sales and use tax, disclosure of information, Section
7056, Revenue and Taxation Code.
Savings association employees, disclosure of criminal history
information, Sections 6525 and 8012, Financial Code.
Savings associations, inspection of records by shareholders,
Section 6050, Financial Code.
School district governing board, disciplinary action, disclosure
of pupil information, Section 35146, Education Code.
School employee, merit system examination records, confidentiality
of, Section 45274, Education Code.
School employee, notice and reasons for hearing on nonreemployment
of employee, confidentiality of, Sections 44948.5 and 44949,
Education Code.
School meals for needy pupils, confidentiality of records, Section
49558, Education Code.
Sealed records, arrest for misdemeanor, Section 851.7, Penal Code.
Sealed records, misdemeanor convictions, Section 1203.45, Penal
Code.
Sealing and destruction of arrest records, determination of
innocence, Section 851.8, Penal Code.
Search warrants, special master, Section 1524, Penal Code.
Sex change, confidentiality of birth certificate, Section 103440,
Health and Safety Code.
Sex offenders, registration form, Section 290, Penal Code.
Sex offenders, specimen and other information, unauthorized
disclosure, Section 290.2, Penal Code.
Sexual assault forms, confidentiality of, Section 13823.5, Penal
Code.
Sexual assault counselor and victim, confidential communication,
Sections 1035.2, 1035.4, and 1035.8, Evidence Code.
Shorthand reporter's complaint, Section 8010, Business and
Professions Code.
Small business information compiled by state agencies,
confidentiality of, Section 15331.2, Government Code.
Small family day care homes, identifying information, Section
1596.86, Health and Safety Code.
Social security number, applicant for driver's license or
identification card, disclosure of, Section 1653.5, Vehicle Code.
SEC. 11. Section 264.2 of the Penal Code is amended to read:
264.2. (a) Whenever there is an alleged violation or violations
of subdivision (e) of Section 243, or Section 261, 261.5, 262, 273.5,
286, 288a, or 289, the law enforcement officer assigned to the case
shall immediately provide the victim of the crime with the "Victims
of Domestic Violence" card, as specified in subparagraph (G) of
paragraph (9) of subdivision (c) of Section 13701.
(b) (1) The law enforcement officer, or his or her agency, shall
immediately notify the local rape victim counseling center, whenever
a victim of an alleged violation of Section 261, 261.5, 262, 286,
288a, or 289 is transported to a hospital for any medical evidentiary
or physical examination. The victim shall have the right to have a
sexual assault counselor, as defined in Section 1035.2 of the
Evidence Code, and a support person of the victim's choosing present
at any medical evidentiary or physical examination.
(2) Prior to the commencement of any initial medical evidentiary
or physical examination arising out of a sexual assault, a victim
shall be notified orally or in writing by the medical provider that
the victim has the right to have present a sexual assault counselor
and at least one other support person of the victim's choosing.
(3) The hospital may verify with the law enforcement officer, or
his or her agency, whether the local rape victim counseling center
has been notified, upon the approval of the victim.
(4) A support person may be excluded from a medical evidentiary or
physical examination if the law enforcement officer or medical
provider determines that the presence of that individual would be
detrimental to the purpose of the examination.
SEC. 12. Section 679.04 of the Penal Code is amended to read:
679.04. (a) A victim of sexual assault as the result of any
offense specified in paragraph (1) of subdivision (b) of Section
264.2 has the right to have victim advocates and a support person of
the victim's choosing present at any interview by law enforcement
authorities, district attorneys, or defense attorneys. However, the
support person may be excluded from an interview by law enforcement
or the district attorney if the law enforcement authority or the
district attorney determines that the presence of that individual
would be detrimental to the purpose of the interview. As used in this
section, "victim advocate" means a sexual assault counselor, as
defined in Section 1035.2 of the Evidence Code, or a victim advocate
working in a center established under Article 2 (commencing with
Section 13835) of Chapter 4 of Title 6 of Part 4.
(b) (1) Prior to the commencement of the initial interview by law
enforcement authorities or the district attorney pertaining to any
criminal action arising out of a sexual assault, a victim of sexual
assault as the result of any offense specified in Section 264.2 shall
be notified orally or in writing by the attending law enforcement
authority or district attorney that the victim has the right to have
victim advocates and a support person of the victim's choosing
present at the interview or contact. This subdivision applies to
investigators and agents employed or retained by law enforcement or
the district attorney.
(2) At the time the victim is advised of his or her rights
pursuant to paragraph (1), the attending law enforcement authority or
district attorney shall also advise the victim of the right to have
victim advocates and a support person present at any interview by the
defense attorney or investigators or agents employed by the defense
attorney.
(c) An initial investigation by law enforcement to determine
whether a crime has been committed and the identity of the suspects
shall not constitute a law enforcement interview for purposes of this
section.
SEC. 13. Section 11163.3 of the Penal Code is amended to read:
11163.3. (a) A county may establish an interagency domestic
violence death review team to assist local agencies in identifying
and reviewing domestic violence deaths, including homicides and
suicides, and facilitating communication among the various agencies
involved in domestic violence cases. Interagency domestic violence
death review teams have been used successfully to ensure that
incidents of domestic violence and abuse are recognized and that
agency involvement is reviewed to develop recommendations for
policies and protocols for community prevention and intervention
initiatives to reduce and eradicate the incidence of domestic
violence.
(b) For purposes of this section, "abuse" has the meaning set
forth in Section 6203 of the Family Code and "domestic violence" has
the meaning set forth in Section 6211 of the Family Code.
(c) A county may develop a protocol that may be used as a
guideline to assist coroners and other persons who perform autopsies
on domestic violence victims in the identification of domestic
violence, in the determination of whether domestic violence
contributed to death or whether domestic violence had occurred prior
to death, but was not the actual cause of death, and in the proper
written reporting procedures for domestic violence, including the
designation of the cause and mode of death.
(d) County domestic violence death review teams shall be comprised
of, but not limited to, the following:
(1) Experts in the field of forensic pathology.
(2) Medical personnel with expertise in domestic violence abuse.
(3) Coroners and medical examiners.
(4) Criminologists.
(5) District attorneys and city attorneys.
(6) Domestic violence shelter service staff and battered women's
advocates.
(7) Law enforcement personnel.
(8) Representatives of local agencies that are involved with
domestic violence abuse reporting.
(9) County health department staff who deal with domestic violence
victims' health issues.
(10) Representatives of local child abuse agencies.
(11) Local professional associations of persons described in
paragraphs (1) to (10), inclusive.
(e) An oral or written communication or a document shared within
or produced by a domestic violence death review team related to a
domestic violence death review is confidential and not subject to
disclosure or discoverable by a third party. An oral or written
communication or a document provided by a third party to a domestic
violence death review team, or between a third party and a domestic
violence death review team, is confidential and not subject to
disclosure or discoverable by a third party. Notwithstanding the
foregoing, recommendations of a domestic violence death review team
upon the completion of a review may be disclosed at the discretion of
a majority of the members of the domestic violence death review
team.
(f) Each organization represented on a domestic violence death
review team may share with other members of the team information in
its possession concerning the victim who is the subject of the review
or any person who was in contact with the victim and any other
information deemed by the organization to be pertinent to the review.
Any information shared by an organization with other members of a
team is confidential. This provision shall permit the disclosure to
members of the team of any information deemed confidential,
privileged, or prohibited from disclosure by any other statute.
(g) Written and oral information may be disclosed to a domestic
violence death review team established pursuant to this section. The
team may make a request in writing for the information sought and any
person with information of the kind described in paragraph (2) of
this subdivision may rely on the request in determining whether
information may be disclosed to the team.
(1) No individual or agency that has information governed by this
subdivision shall be required to disclose information. The intent of
this subdivision is to allow the voluntary disclosure of information
by the individual or agency that has the information.
(2) The following information may be disclosed pursuant to this
subdivision:
(A) Notwithstanding Section 56.10 of the Civil Code, medical
information.
(B) Notwithstanding Section 5328 of the Welfare and Institutions
Code, mental health information.
(C) Notwithstanding Section 15633.5 of the Welfare and
Institutions Code, information from elder abuse reports and
investigations, except the identity of persons who have made reports,
which shall not be disclosed.
(D) Notwithstanding Section 11167.5 of the Penal Code, information
from child abuse reports and investigations, except the identity of
persons who have made reports, which shall not be disclosed.
(E) State summary criminal history information, criminal offender
record information, and local summary criminal history information,
as defined in Sections 11075,
11105, and 13300 of the Penal Code.
(F) Notwithstanding Section 11163.2 of the Penal Code, information
pertaining to reports by health practitioners of persons suffering
from physical injuries inflicted by means of a firearm or of persons
suffering physical injury where the injury is a result of assaultive
or abusive conduct, and information relating to whether a physician
referred the person to local domestic violence services as
recommended by Section 11161 of the Penal Code.
(G) Notwithstanding Section 827 of the Welfare and Institutions
Code, information in any juvenile court proceeding.
(H) Information maintained by the Family Court, including
information relating to the Family Conciliation Court Law pursuant to
Section 1818 of the Family Code, and Mediation of Custody and
Visitation Issues pursuant to Section 3177 of the Family Code.
(I) Information provided to probation officers in the course of
the performance of their duties, including, but not limited to, the
duty to prepare reports pursuant to Section 1203.10 of the Penal
Code, as well as the information on which these reports are based.
(J) Notwithstanding Section 10825 of the Welfare and Institutions
Code, records of in-home supportive services, unless disclosure is
prohibited by federal law.
(3) The disclosure of written and oral information authorized
under this subdivision shall apply notwithstanding Sections 2263,
2918, 4982, and 6068 of the Business and Professions Code, or the
lawyer-client privilege protected by Article 3 (commencing with
Section 950) of Chapter 4 of Division 8 of the Evidence Code, the
physician-patient privilege protected by Article 6 (commencing with
Section 990) of Chapter 4 of Division 8 of the Evidence Code, the
psychotherapist-patient privilege protected by Article 7 (commencing
with Section 1010) of Chapter 4 of Division 8 of the Evidence Code,
the sexual assault counselor-victim privilege protected by Article
8.5 (commencing with Section 1035) of Chapter 4 of Division 8 of the
Evidence Code, and the domestic violence counselor-victim privilege
protected by Article 8.7 (commencing with Section 1037) of Chapter 4
of Division 8 of the Evidence Code.
SEC. 14. Section 1.5 of this bill incorporates amendments to
Section 1277 of the Code of Civil Procedure proposed by both this
bill and AB 2303. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2007, (2)
each bill amends Section 1277 of the Code of Civil Procedure, and (3)
this bill is enacted after AB 2303, in which case Section 1 of this
bill shall not become operative.