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Panel backs expanding privilege for domestic abuse advocates while preserving discovery obligations
Summary
House File 10‑83, which would align the domestic abuse advocate privilege with other victim‑advocate privileges, received committee approval with an amendment that clarifies the bill does not alter discovery obligations under Brady or court rules.
The committee recommended House File 10‑83, a bill to make communications with domestic abuse advocates privileged in the same manner as other victim‑advocate privileges, after testimony from advocates and defense counsel and adoption of an A2 amendment to clarify discovery obligations.
Bronna Alexander, representing domestic abuse advocates, told the committee that confidential advocacy services encourage victims to seek help and that the existing statutory carve-outs had created confusion since some programs serve both domestic abuse and sexual assault survivors. "Domestic violence victims deserve to have the same protected conversations with their domestic abuse advocate as they could have with a sexual assault counselor," Alexander said.
Jill Brisvoit, on behalf of the Minnesota Association of Criminal Defense Lawyers, said the A2 amendment was important to preserve prosecutors' discovery obligations under Brady v. Maryland and Minnesota criminal procedure. "Prosecutors must turn over any information favorable or unfavorable in the possession of those who participate in the investigation or prosecution of a matter, including victim advocates working with law enforcement or prosecution," Brisvoit said, and noted that domestic abuse advocates often share case‑relevant information with prosecutors.
Nonpartisan staff explained that mandatory reporting requirements for vulnerable adults and children (chapters cited in testimony) are preserved; the bill retains exceptions that do not exempt mandatory reporters from their reporting duties.
The committee adopted the amendment and recommended the bill to the general register by voice vote.
Ending: The bill advances with clarified language intended to protect victim confidentiality while preserving prosecutors' discovery duties and mandatory-reporting obligations.
