reglab/statecodes huggingface dataset:
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 3.5 - Lawyer Referral Service-Client Privilege › Section 966.

966. (a) Subject to Section 912 and except as otherwise provided in this article, the client, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between client and lawyer referral service if the privilege is claimed by any of the following:
(1) The holder of the privilege.
(2) A person who is authorized to claim the privilege by the holder of the privilege.
(3) The lawyer referral service or a staff person thereof, but the lawyer referral service or a staff person thereof may not claim the privilege if there is no holder of the privilege in existence or if the lawyer referral service or a staff person thereof is otherwise instructed by a person authorized to permit disclosure.
(b) The relationship of lawyer referral service and client shall exist between a lawyer referral service, as defined in Section 965, and the persons to whom it renders services, as well as between such persons and anyone employed by the lawyer referral service to render services to such persons. The word “persons” as used in this subdivision includes partnerships, corporations, limited liability companies, associations, and other groups and entities.
(Added by Stats. 2013, Ch. 123, Sec. 2. (AB 267) Effective January 1, 2014.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 3.5 - Lawyer Referral Service-Client Privilege › Section 967.

967. A lawyer referral service that has received or made a communication subject to the privilege under this article shall claim the privilege if the communication is sought to be disclosed and the client has not consented to the disclosure.
(Added by Stats. 2013, Ch. 123, Sec. 2. (AB 267) Effective January 1, 2014.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 3.5 - Lawyer Referral Service-Client Privilege › Section 968.

968. There is no privilege under this article if either of the following applies:
(a) The services of the lawyer referral service were sought or obtained to enable or aid anyone to commit or plan to commit a crime or a fraud.
(b) A staff person of the lawyer referral service who receives a confidential communication in processing a request for legal assistance reasonably believes that disclosure of the confidential communication is necessary to prevent a criminal act that the staff person of the lawyer referral service reasonably believes is likely to result in the death of, or substantial bodily harm to, an individual.
(Added by Stats. 2013, Ch. 123, Sec. 2. (AB 267) Effective January 1, 2014.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 4 - Privilege Not to Testify Against Spouse › Section 971.

971. Except as otherwise provided by statute, a married person whose spouse is a party to a proceeding has a privilege not to be called as a witness by an adverse party to that proceeding without the prior express consent of the spouse having the privilege under this section unless the party calling the spouse does so in good faith without knowledge of the marital relationship.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 4 - Privilege Not to Testify Against Spouse › Section 972.

972. A married person does not have a privilege under this article in:
(a) A proceeding brought by or on behalf of one spouse against the other spouse.
(b) A proceeding to commit or otherwise place his or her spouse or his or her spouse’s property, or both, under the control of another because of the spouse’s alleged mental or physical condition.
(c) A proceeding brought by or on behalf of a spouse to establish his or her competence.
(d) A proceeding under the Juvenile Court Law, Chapter 2 (commencing with Section 200) of Part 1 of Division 2 of the Welfare and Institutions Code.
(e) A criminal proceeding in which one spouse is charged with:
(1) A crime against the person or property of the other spouse or of a child, parent, relative, or cohabitant of either, whether committed before or during marriage.
(2) A crime against the person or property of a third person committed in the course of committing a crime against the person or property of the other spouse, whether committed before or during marriage.
(3) Bigamy.
(4) A crime defined by Section 270 or 270a of the Penal Code.
(f) A proceeding resulting from a criminal act which occurred prior to legal marriage of the spouses to each other regarding knowledge acquired prior to that marriage if prior to the legal marriage the witness spouse was aware that his or her spouse had been arrested for or had been formally charged with the crime or crimes about which the spouse is called to testify.
(g) A proceeding brought against the spouse by a former spouse so long as the property and debts of the marriage have not been adjudicated, or in order to establish, modify, or enforce a child, family or spousal support obligation arising from the marriage to the former spouse; in a proceeding brought against a spouse by the other parent in order to establish, modify, or enforce a child support obligation for a child of a nonmarital relationship of the spouse; or in a proceeding brought against a spouse by the guardian of a child of that spouse in order to establish, modify, or enforce a child support obligation of the spouse. The married person does not have a privilege under this subdivision to refuse to provide information relating to the issues of income, expenses, assets, debts, and employment of either spouse, but may assert the privilege as otherwise provided in this article if other information is requested by the former spouse, guardian, or other parent of the child.
Any person demanding the otherwise privileged information made available by this subdivision, who also has an obligation to support the child for whom an order to estabish, modify, or enforce child support is sought, waives his or her marital privilege to the same extent as the spouse as provided in this subdivision.
(Amended by Stats. 1989, Ch. 1359, Sec. 9.7.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 4 - Privilege Not to Testify Against Spouse › Section 973.

973. (a) Unless erroneously compelled to do so, a married person who testifies in a proceeding to which his spouse is a party, or who testifies against his spouse in any proceeding, does not have a privilege under this article in the proceeding in which such testimony is given.
(b) There is no privilege under this article in a civil proceeding brought or defended by a married person for the immediate benefit of his spouse or of himself and his spouse.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 5 - Privilege for Confidential Marital Communications › Section 980.

980. Subject to Section 912 and except as otherwise provided in this article, a spouse (or his or her guardian or conservator when he or she has a guardian or conservator), whether or not a party, has a privilege during the marital or domestic partnership relationship and afterwards to refuse to disclose, and to prevent another from disclosing, a communication if he or she claims the privilege and the communication was made in confidence between him or her and the other spouse while they were spouses.
(Amended by Stats. 2016, Ch. 50, Sec. 34. (SB 1005) Effective January 1, 2017.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 5 - Privilege for Confidential Marital Communications › Section 981.

981. There is no privilege under this article if the communication was made, in whole or in part, to enable or aid anyone to commit or plan to commit a crime or a fraud.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 5 - Privilege for Confidential Marital Communications › Section 982.

982. There is no privilege under this article in a proceeding to commit either spouse or otherwise place him or his property, or both, under the control of another because of his alleged mental or physical condition.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 5 - Privilege for Confidential Marital Communications › Section 984.

984. There is no privilege under this article in:
(a) A proceeding brought by or on behalf of one spouse against the other spouse.
(b) A proceeding between a surviving spouse and a person who claims through the deceased spouse, regardless of whether such claim is by testate or intestate succession or by inter vivos transaction.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 5 - Privilege for Confidential Marital Communications › Section 985.

985. There is no privilege under this article in a criminal proceeding in which one spouse is charged with:
(a) A crime committed at any time against the person or property of the other spouse or of a child of either.
(b) A crime committed at any time against the person or property of a third person committed in the course of committing a crime against the person or property of the other spouse.
(c) Bigamy.
(d) A crime defined by Section 270 or 270a of the Penal Code.
(Amended by Stats. 1975, Ch. 71.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 5 - Privilege for Confidential Marital Communications › Section 986.

986. There is no privilege under this article in a proceeding under the Juvenile Court Law, Chapter 2 (commencing with Section 200) of Part 1 of Division 2 of the Welfare and Institutions Code.
(Amended by Stats. 1982, Ch. 256, Sec. 2.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 5 - Privilege for Confidential Marital Communications › Section 987.

987. There is no privilege under this article in a criminal proceeding in which the communication is offered in evidence by a defendant who is one of the spouses between whom the communication was made.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 6 - Physician-Patient Privilege › Section 990.

990. As used in this article, “physician” means a person authorized, or reasonably believed by the patient to be authorized, to practice medicine in any state or nation.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 6 - Physician-Patient Privilege › Section 991.

991. As used in this article, “patient” means a person who consults a physician or submits to an examination by a physician for the purpose of securing a diagnosis or preventive, palliative, or curative treatment of his physical or mental or emotional condition.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 6 - Physician-Patient Privilege › Section 992.

992. As used in this article, “confidential communication between patient and physician” means information, including information obtained by an examination of the patient, transmitted between a patient and his physician in the course of that relationship and in confidence by a means which, so far as the patient is aware, discloses the information to no third persons other than those who are present to further the interest of the patient in the consultation or those to whom disclosure is reasonably necessary for the transmission of the information or the accomplishment of the purpose for which the physician is consulted, and includes a diagnosis made and the advice given by the physician in the course of that relationship.
(Amended by Stats. 1967, Ch. 650.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 6 - Physician-Patient Privilege › Section 993.

993. As used in this article, “holder of the privilege” means:
(a) The patient when he has no guardian or conservator.
(b) A guardian or conservator of the patient when the patient has a guardian or conservator.
(c) The personal representative of the patient if the patient is dead.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 6 - Physician-Patient Privilege › Section 994.

994. Subject to Section 912 and except as otherwise provided in this article, the patient, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between patient and physician if the privilege is claimed by:
(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 physician at the time of the confidential communication, but such 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.
The relationship of a physician and patient shall exist between a medical or podiatry corporation as defined in the Medical Practice Act and the patient to whom it renders professional services, as well as between such patients and licensed physicians and surgeons employed by such corporation to render services to such patients. The word “persons” as used in this subdivision includes partnerships, corporations, limited liability companies, associations, and other groups and entities.
(Amended by Stats. 1994, Ch. 1010, Sec. 105. Effective January 1, 1995.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 6 - Physician-Patient Privilege › Section 995.

995. The physician who received or made a communication subject to the privilege under this article shall claim the privilege whenever he is present when the communication is sought to be disclosed and is authorized to claim the privilege under subdivision (c) of Section 994.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 6 - Physician-Patient Privilege › Section 996.

996. There is no privilege under this article as to a communication relevant to an issue concerning the condition of the patient if such issue has been tendered by:
(a) The patient;
(b) Any party claiming through or under the patient;
(c) Any party claiming as a beneficiary of the patient through a contract to which the patient is or was a party; or
(d) The plaintiff in an action brought under Section 376 or 377 of the Code of Civil Procedure for damages for the injury or death of the patient.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 6 - Physician-Patient Privilege › Section 997.

997. There is no privilege under this article if the services of the physician were sought or obtained to enable or aid anyone to commit or plan to commit a crime or a tort or to escape detection or apprehension after the commission of a crime or a tort.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 6 - Physician-Patient Privilege › Section 999.

999. There is no privilege under this article as to a communication relevant to an issue concerning the condition of the patient in a proceeding to recover damages on account of the conduct of the patient if good cause for disclosure of the communication is shown.
(Amended by Stats. 1975, Ch. 318.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 6 - Physician-Patient Privilege › Section 1000.

1000. There is no privilege under this article as to a communication relevant to an issue between parties all of whom claim through a deceased patient, regardless of whether the claims are by testate or intestate succession or by inter vivos transaction.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 6 - Physician-Patient Privilege › Section 1001.

1001. There is no privilege under this article as to a communication relevant to an issue of breach, by the physician or by the patient, of a duty arising out of the physician-patient relationship.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 6 - Physician-Patient Privilege › Section 1002.

1002. There is no privilege under this article as to a communication relevant to an issue concerning the intention of a patient, now deceased, with respect to a deed of conveyance, will, or other writing, executed by the patient, purporting to affect an interest in property.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 6 - Physician-Patient Privilege › Section 1003.

1003. There is no privilege under this article as to a communication relevant to an issue concerning the validity of a deed of conveyance, will, or other writing, executed by a patient, now deceased, purporting to affect an interest in property.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 6 - Physician-Patient Privilege › Section 1004.

1004. There is no privilege under this article in a proceeding to commit the patient or otherwise place him or his property, or both, under the control of another because of his alleged mental or physical condition.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 6 - Physician-Patient Privilege › Section 1006.

1006. There is no privilege under this article as to information that the physician or the patient is required to report to a public employee, or as to information required to be recorded in a public office, if such report or record is open to public inspection.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 6 - Physician-Patient Privilege › Section 1007.

1007. There is no privilege under this article in a proceeding brought by a public entity to determine whether a right, authority, license, or privilege (including the right or privilege to be employed by the public entity or to hold a public office) should be revoked, suspended, terminated, limited, or conditioned.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 7 - Psychotherapist-Patient Privilege › Section 1010.5.

1010.5. A communication between a patient and an educational psychologist, licensed under Chapter 13.5 (commencing with Section 4989.10) of Division 2 of the Business and Professions Code, shall be privileged to the same extent, and subject to the same limitations, as a communication between a patient and a psychotherapist described in subdivisions (c), (d), and (e) of Section 1010.
(Amended by Stats. 2020, Ch. 370, Sec. 113. (SB 1371) Effective January 1, 2021.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 7 - Psychotherapist-Patient Privilege › Section 1011.

1011. As used in this article, “patient” means a person who consults a psychotherapist or submits to an examination by a psychotherapist for the purpose of securing a diagnosis or preventive, palliative, or curative treatment of his mental or emotional condition or who submits to an examination of his mental or emotional condition for the purpose of scientific research on mental or emotional problems.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 7 - Psychotherapist-Patient Privilege › Section 1012.

1012. As used in this article, “confidential communication between patient and psychotherapist” means information, including information obtained by an examination of the patient, transmitted between a patient and his psychotherapist in the course of that relationship and in confidence by a means which, so far as the patient is aware, discloses the information to no third persons other than those who are present to further the interest of the patient in the consultation, or those to whom disclosure is reasonably necessary for the transmission of the information or the accomplishment of the purpose for which the psychotherapist is consulted, and includes a diagnosis made and the advice given by the psychotherapist in the course of that relationship.
(Amended by Stats. 1970, Ch. 1397.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 7 - Psychotherapist-Patient Privilege › Section 1013.

1013. As used in this article, “holder of the privilege” means:
(a) The patient when he has no guardian or conservator.
(b) A guardian or conservator of the patient when the patient has a guardian or conservator.
(c) The personal representative of the patient if the patient is dead.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 7 - Psychotherapist-Patient Privilege › Section 1014.

1014. Subject to Section 912 and except as otherwise provided in this article, the patient, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between patient and psychotherapist if the privilege is claimed by:
(a) The holder of the privilege.
(b) A person who is authorized to claim the privilege by the holder of the privilege.
(c) The person who was the psychotherapist at the time of the confidential communication, but the 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.
The relationship of a psychotherapist and patient shall exist between a psychological corporation as defined in Article 9 (commencing with Section 2995) of Chapter 6.6 of Division 2 of the Business and Professions Code, a marriage and family therapist corporation as defined in Article 6 (commencing with Section 4987.5) of Chapter 13 of Division 2 of the Business and Professions Code, a licensed clinical social workers corporation as defined in Article 5 (commencing with Section 4998) of Chapter 14 of Division 2 of the Business and Professions Code, or a professional clinical counselor corporation as defined in Article 7 (commencing with Section 4999.123) of Chapter 16 of Division 2 of the Business and Professions Code, and the patient to whom it renders professional services, as well as between those patients and psychotherapists employed by those corporations to render services to those patients. The word “persons” as used in this subdivision includes partnerships, corporations, limited liability companies, associations, and other groups and entities.
(Amended by Stats. 2011, Ch. 381, Sec. 22. (SB 146) Effective January 1, 2012.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 7 - Psychotherapist-Patient Privilege › Section 1015.

1015. The psychotherapist who received or made a communication subject to the privilege under this article shall claim the privilege whenever he is present when the communication is sought to be disclosed and is authorized to claim the privilege under subdivision (c) of Section 1014.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 7 - Psychotherapist-Patient Privilege › Section 1016.

1016. There is no privilege under this article as to a communication relevant to an issue concerning the mental or emotional condition of the patient if such issue has been tendered by:
(a) The patient;
(b) Any party claiming through or under the patient;
(c) Any party claiming as a beneficiary of the patient through a contract to which the patient is or was a party; or
(d) The plaintiff in an action brought under Section 376 or 377 of the Code of Civil Procedure for damages for the injury or death of the patient.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 7 - Psychotherapist-Patient Privilege › Section 1017.

1017. (a) There is no privilege under this article if the psychotherapist is appointed by order of a court to examine the patient, but this exception does not apply where the psychotherapist is appointed by order of the court upon the request of the lawyer for the defendant in a criminal proceeding in order to provide the lawyer with information needed so that he or she may advise the defendant whether to enter or withdraw a plea based on insanity or to present a defense based on his or her mental or emotional condition.
(b) There is no privilege under this article if the psychotherapist is appointed by the Board of Prison Terms to examine a patient pursuant to the provisions of Article 4 (commencing with Section 2960) of Chapter 7 of Title 1 of Part 3 of the Penal Code.
(Amended by Stats. 1987, Ch. 687, Sec. 1.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 7 - Psychotherapist-Patient Privilege › Section 1018.

1018. There is no privilege under this article if the services of the psychotherapist were sought or obtained to enable or aid anyone to commit or plan to commit a crime or a tort or to escape detection or apprehension after the commission of a crime or a tort.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 7 - Psychotherapist-Patient Privilege › Section 1019.

1019. There is no privilege under this article as to a communication relevant to an issue between parties all of whom claim through a deceased patient, regardless of whether the claims are by testate or intestate succession or by inter vivos transaction.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 7 - Psychotherapist-Patient Privilege › Section 1020.

1020. There is no privilege under this article as to a communication relevant to an issue of breach, by the psychotherapist or by the patient, of a duty arising out of the psychotherapist-patient relationship.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 7 - Psychotherapist-Patient Privilege › Section 1021.

1021. There is no privilege under this article as to a communication relevant to an issue concerning the intention of a patient, now deceased, with respect to a deed of conveyance, will, or other writing, executed by the patient, purporting to affect an interest in property.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 7 - Psychotherapist-Patient Privilege › Section 1022.

1022. There is no privilege under this article as to a communication relevant to an issue concerning the validity of a deed of conveyance, will, or other writing, executed by a patient, now deceased, purporting to affect an interest in property.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 7 - Psychotherapist-Patient Privilege › Section 1023.

1023. There is no privilege under this article in a proceeding under Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 of the Penal Code initiated at the request of the defendant in a criminal action to determine his sanity.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 7 - Psychotherapist-Patient Privilege › Section 1024.

1024. There is no privilege under this article if the psychotherapist has reasonable cause to believe that the patient is in such mental or emotional condition as to be dangerous to himself or to the person or property of another and that disclosure of the communication is necessary to prevent the threatened danger.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 7 - Psychotherapist-Patient Privilege › Section 1026.

1026. There is no privilege under this article as to information that the psychotherapist or the patient is required to report to a public employee or as to information required to be recorded in a public office, if such report or record is open to public inspection.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 7 - Psychotherapist-Patient Privilege › Section 1027.

1027. There is no privilege under this article if all of the following circumstances exist:
(a) The patient is a child under the age of 16.
(b) The psychotherapist has reasonable cause to believe that the patient has been the victim of a crime and that disclosure of the communication is in the best interest of the child.
(Added by Stats. 1970, Ch. 1397.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 8 - Clergy Penitent Privileges › Section 1030.

1030. As used in this article, a “member of the clergy” means a priest, minister, religious practitioner, or similar functionary of a church or of a religious denomination or religious organization.
(Amended by Stats. 2002, Ch. 806, Sec. 19. Effective January 1, 2003.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 8 - Clergy Penitent Privileges › Section 1031.

1031. As used in this article, “penitent” means a person who has made a penitential communication to a member of the clergy.
(Amended by Stats. 2002, Ch. 806, Sec. 20. Effective January 1, 2003.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 8 - Clergy Penitent Privileges › Section 1032.

1032. As used in this article, “penitential communication” means a communication made in confidence, in the presence of no third person so far as the penitent is aware, to a member of the clergy who, in the course of the discipline or practice of the clergy member’s church, denomination, or organization, is authorized or accustomed to hear those communications and, under the discipline or tenets of his or her church, denomination, or organization, has a duty to keep those communications secret.
(Amended by Stats. 2002, Ch. 806, Sec. 21. Effective January 1, 2003.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 8 - Clergy Penitent Privileges › Section 1033.

1033. Subject to Section 912, a penitent, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a penitential communication if he or she claims the privilege.
(Amended by Stats. 2002, Ch. 806, Sec. 22. Effective January 1, 2003.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 8 - Clergy Penitent Privileges › Section 1034.

1034. Subject to Section 912, a member of the clergy, whether or not a party, has a privilege to refuse to disclose a penitential communication if he or she claims the privilege.
(Amended by Stats. 2002, Ch. 806, Sec. 23. Effective January 1, 2003.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 8.5 - Sexual Assault Counselor-Victim Privilege › Section 1035.

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.
(Amended by Stats. 2006, Ch. 689, Sec. 4. Effective January 1, 2007.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 8.5 - Sexual Assault Counselor-Victim Privilege › Section 1035.6.

1035.6. As used in this article, “holder of the privilege” means:
(a) The victim when such person has no guardian or conservator.
(b) A guardian or conservator of the victim when the victim has a guardian or conservator.
(c) The personal representative of the victim if the victim is dead.
(Added by Stats. 1980, Ch. 917.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 8.5 - Sexual Assault Counselor-Victim Privilege › Section 1035.8.

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.
(Amended by Stats. 2006, Ch. 689, Sec. 6. Effective January 1, 2007.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 8.5 - Sexual Assault Counselor-Victim Privilege › Section 1036.

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.
(Amended by Stats. 2006, Ch. 689, Sec. 7. Effective January 1, 2007.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 8.5 - Sexual Assault Counselor-Victim Privilege › Section 1036.2.

1036.2. As used in this article, “sexual assault” includes all of the following:
(a) Rape, as defined in Section 261 of the Penal Code.
(b) Unlawful sexual intercourse, as defined in Section 261.5 of the Penal Code.
(c) Rape in concert with force and violence, as defined in Section 264.1 of the Penal Code.
(d) Sodomy, as defined in Section 286 of the Penal Code, except a violation of subdivision (e) of that section.
(e) A violation of Section 288 of the Penal Code.
(f) Oral copulation, as defined in Section 287 of, or former Section 288a of, the Penal Code, except a violation of subdivision (e) of those sections.
(g) Sexual penetration, as defined in Section 289 of the Penal Code.
(h) Annoying or molesting a child under 18 years of age, as defined in Section 647a of the Penal Code.
(i) Any attempt to commit any of the acts listed in this section.
(Amended by Stats. 2021, Ch. 626, Sec. 7. (AB 1171) Effective January 1, 2022.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 8.7 - Domestic Violence Counselor-Victim Privilege › Section 1037.

1037. As used in this article, “victim” means any person who suffers domestic violence, as defined in Section 1037.7.
(Added by Stats. 1986, Ch. 854, Sec. 1.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 8.7 - Domestic Violence Counselor-Victim Privilege › Section 1037.1.

1037.1. (a) (1) As used in this article, “domestic violence counselor” means a person who is employed by a domestic violence victim service organization, as defined in this article, whether financially compensated or not, for the purpose of rendering advice or assistance to victims of domestic violence and who has at least 40 hours of training as specified in paragraph (2).
(2) The 40 hours of training shall be supervised by an individual who qualifies as a counselor under paragraph (1), and who has at least one year of experience counseling domestic violence victims for the domestic violence victim service organization. The training shall include, but need not be limited to, the following areas: history of domestic violence, civil and criminal law as it relates to domestic violence, the domestic violence victim-counselor privilege and other laws that protect the confidentiality of victim records and information, societal attitudes towards domestic violence, peer counseling techniques, housing, public assistance and other financial resources available to meet the financial needs of domestic violence victims, and referral services available to domestic violence victims.
(3) A domestic violence counselor who has been employed by the domestic violence victim service organization for a period of less than six months shall be supervised by a domestic violence counselor who has at least one year of experience counseling domestic violence victims for the domestic violence victim service organization.
(b) As used in this article, “domestic violence victim service organization” means either of the following:
(1) A nongovernmental organization or entity that provides shelter, programs, or services to victims of domestic violence and their children, including, but not limited to, either of the following:
(A) Domestic violence shelter-based programs, as described in Section 18294 of the Welfare and Institutions Code.
(B) Other programs with the primary mission to provide services to victims of domestic violence whether or not that program exists in an agency that provides additional services.
(2) Programs on the campus of a public or private institution of higher education with the primary mission to provide support or advocacy services to victims of domestic violence.
(Amended by Stats. 2017, Ch. 178, Sec. 1. (SB 331) Effective January 1, 2018.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 8.7 - Domestic Violence Counselor-Victim Privilege › Section 1037.2.

1037.2. (a) As used in this article, “confidential communication” means any information, including, but not limited to, written or oral communication, transmitted between the victim and the counselor in the course of their relationship and in confidence by a means which, so far as the victim is aware, discloses the information to no third persons other than those who are present to further the interests of the victim in the consultation or those to whom disclosures are reasonably necessary for the transmission of the information or an accomplishment of the purposes for which the domestic violence counselor is consulted. The term includes all information regarding the facts and circumstances involving all incidences of domestic violence, as well as all information about the children of the victim or abuser and the relationship of the victim with the abuser.
(b) The court may compel disclosure of information received by a domestic violence counselor which constitutes relevant evidence of the facts and circumstances involving a crime allegedly perpetrated against the victim or another household member and which is the subject of a criminal proceeding, if the court determines that the probative value of the information outweighs the effect of disclosure of the information on the victim, the counseling relationship, and the counseling services. The court may compel disclosure if the victim is either dead or not the complaining witness in a criminal action against the perpetrator. The court may also compel disclosure in proceedings related to child abuse if the court determines that the probative value of the evidence outweighs the effect of the disclosure on the victim, the counseling relationship, and the counseling services.
(c) When a court rules on a claim of privilege under this article, it may require the person from whom disclosure is sought or the person authorized to claim the privilege, or both, to disclose the information in chambers out of the presence and hearing of all persons except the person authorized to claim the privilege and such other persons as the person authorized to claim the privilege consents to have present. If the judge determines that the information is privileged and shall not be disclosed, neither he nor she nor any other person may disclose, without the consent of a person authorized to permit disclosure, any information disclosed in the course of the proceedings in chambers.
(d) If the court determines that information shall be disclosed, the court shall so order and inform the defendant in the criminal action. If the court finds there is a reasonable likelihood that any information is subject to disclosure pursuant to the balancing test provided in this section, the procedure specified in subdivisions (1), (2), and (3) of Section 1035.4 shall be followed.
(Amended by Stats. 2007, Ch. 206, Sec. 3. Effective January 1, 2008.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 8.7 - Domestic Violence Counselor-Victim Privilege › Section 1037.3.

1037.3. Nothing in this article shall be construed to limit any obligation to report instances of child abuse as required by Section 11166 of the Penal Code.
(Added by Stats. 1986, Ch. 854, Sec. 1.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 8.7 - Domestic Violence Counselor-Victim Privilege › Section 1037.4.

1037.4. As used in this article, “holder of the privilege” means:
(a) The victim when he or she has no guardian or conservator.
(b) A guardian or conservator of the victim when the victim has a guardian or conservator, unless the guardian or conservator is accused of perpetrating domestic violence against the victim.
(Amended by Stats. 2007, Ch. 206, Sec. 4. Effective January 1, 2008.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 8.7 - Domestic Violence Counselor-Victim Privilege › Section 1037.5.

1037.5. A victim of domestic violence, whether or not a party to the action, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between the victim and a domestic violence counselor in any proceeding specified in Section 901 if the privilege is claimed by any of the following persons:
(a) The holder of the privilege.
(b) A person who is authorized to claim the privilege by the holder of the privilege.
(c) The person who was the domestic violence counselor at the time of the confidential communication. However, 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.
(Amended by Stats. 2007, Ch. 206, Sec. 5. Effective January 1, 2008.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 8.7 - Domestic Violence Counselor-Victim Privilege › Section 1037.6.

1037.6. The domestic violence counselor who received or made a communication subject to the privilege granted by this article shall claim the privilege whenever he or she is present when the communication is sought to be disclosed and he or she is authorized to claim the privilege under subdivision (c) of Section 1037.5.
(Added by Stats. 1986, Ch. 854, Sec. 1.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 8.7 - Domestic Violence Counselor-Victim Privilege › Section 1037.7.

1037.7. As used in this article, “domestic violence” means “domestic violence” as defined in Section 6211 of the Family Code.
(Repealed and added by Stats. 1993, Ch. 219, Sec. 77.4. Effective January 1, 1994.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 8.7 - Domestic Violence Counselor-Victim Privilege › Section 1037.8.

1037.8. A domestic violence counselor shall inform a domestic violence victim of any applicable limitations on confidentiality of communications between the victim and the domestic violence counselor. This information may be given orally.
(Added by Stats. 2002, Ch. 629, Sec. 1. Effective January 1, 2003.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 8.8 - Human Trafficking Caseworker-Victim Privilege › Section 1038.

1038. (a) A trafficking victim, whether or not a party to the action, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication, whether made orally, in writing, or otherwise conveyed, between the victim and a human trafficking caseworker if the privilege is claimed by any of the following persons:
(1) The holder of the privilege.
(2) A person who is authorized to claim the privilege by the holder of the privilege.
(3) The person who was the human trafficking caseworker at the time of the confidential communication or is presently the human trafficking caseworker for the victim. However, that person may not claim the privilege if there is no holder of the privilege in existence or if the person is otherwise instructed by the court or by another person authorized to permit disclosure.
(b) The human trafficking caseworker shall claim the privilege whenever the caseworker is present when the communication is sought to be disclosed and the caseworker is authorized to claim the privilege under this section.
(c) A human trafficking caseworker shall inform a trafficking victim of any applicable limitations on confidentiality of communications between the victim and the caseworker. This information may be given orally.
(Amended by Stats. 2019, Ch. 197, Sec. 1. (AB 1735) Effective January 1, 2020.)