Page:United States Statutes at Large Volume 108 Part 3.djvu/169

 PUBLIC LAW 103-322—SEPT. 13, 1994 108 STAT. 1921 subsection (a) are available in geographically diverse locations throughout the country. (c) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated to carry out this section— (1) $1,000,000 for fiscal year 1996; and (2) $1,000,000 for fiscal year 1997. SEC. 40153. CONFroENTIAIJTY OF COMMUNICATIONS BETWEEN SEX- 42 USC 13942. UAL 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 the date of enactment of this Act, 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.

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