Sen. William R. Haine

Filed: 2/28/2012

 

 


 

 


 
09700SB3780sam001LRB097 19369 AJO 66228 a

1
AMENDMENT TO SENATE BILL 3780

2    AMENDMENT NO. ______. Amend Senate Bill 3780 on page 7, by
3replacing lines 14 through 26 with the following:
4        "(13) Records of the recipient may be disclosed in a
5    civil, criminal, or administrative proceeding in response
6    to a subpoena, discovery request, or other lawful process
7    in cases involving sexual assault or sexual abuse when the
8    recipient is the alleged perpetrator of the sexual assault
9    or sexual abuse and the disclosure relates directly to the
10    fact or immediate circumstances of the sexual assault or
11    sexual abuse, if and only to the extent the court in which
12    the proceedings have been brought, or, in the case of an
13    administrative proceeding, the court to which an appeal or
14    other action for review of an administrative determination
15    may be taken, finds, after in camera examination of
16    testimony or other evidence, that it is relevant,
17    probative, and otherwise discoverable; that other
18    satisfactory evidence is not available regarding the facts

 

 

09700SB3780sam001- 2 -LRB097 19369 AJO 66228 a

1    sought to be established by such evidence; and that
2    disclosure is more important to the interests of
3    substantial justice than protection from any injury which
4    disclosure is likely to cause. A court may enter a
5    protective order to prevent harm from the disclosure of the
6    records."; and
 
7on page 8, by deleting lines 1 through 8.