A. A victim, a victim counselor without the consent of the victim or a minor or incapacitated victim without the consent of a custodial guardian or a guardian ad litem appointed upon application of either party shall not be compelled to provide testimony or to produce records concerning confidential communications for any purpose in any criminal action or other judicial, legislative or administrative proceeding.
B. A victim counselor or a victim shall not be compelled to provide testimony in any civil or criminal proceeding that would identify the name, address, location or telephone number of a safe house, abuse shelter or other facility that provided temporary emergency shelter to the victim of the offense or occurrence that is the subject of a judicial, legislative or administrative proceeding unless the facility is a party to the proceeding.
History: Laws 1987, ch. 349, § 3.
ANNOTATIONSConsistent with court rule. — The Victim Counselor Confidentiality Act is consistent with the psychotherapist-patient privilege in Rule 11-504 NMRA and it is to be given effect. Albuquerque Rape Crisis Center v. Blackmer, 2005-NMSC-032, 138 N.M. 398, 120 P.3d 820.
Law reviews. — For note and comment, "The Unstated Tension in Albuquerque Rape Crisis Center v. Blackmer: A Divergence Between Formalism and Functionalism", see 36 N.M. L. Rev. 661 (2006).