SB3780sam001 97TH GENERAL ASSEMBLY

Sen. William R. Haine

Filed: 2/28/2012

09700SB3780sam001 LRB097 19369 AJO 66228 a

AMENDMENT TO SENATE BILL 3780

AMENDMENT NO. ______. Amend Senate Bill 3780 on page 7, by replacing lines 14 through 26 with the following:

"(13) Records of the recipient may be disclosed in a civil, criminal, or administrative proceeding in response to a subpoena, discovery request, or other lawful process in cases involving sexual assault or sexual abuse when the recipient is the alleged perpetrator of the sexual assault or sexual abuse and the disclosure relates directly to the fact or immediate circumstances of the sexual assault or sexual abuse, if and only to the extent the court in which the proceedings have been brought, or, in the case of an administrative proceeding, the court to which an appeal or other action for review of an administrative determination may be taken, finds, after in camera examination of testimony or other evidence, that it is relevant, probative, and otherwise discoverable; that other satisfactory evidence is not available regarding the facts sought to be established by such evidence; and that disclosure is more important to the interests of substantial justice than protection from any injury which disclosure is likely to cause. A court may enter a protective order to prevent harm from the disclosure of the records."; and

on page 8, by deleting lines 1 through 8.