§ 1038 (a) A trafficking victim, whether or not a party to the action, …
§ 1038.1 (a) The court may compel disclosure of information received by a …
§ 1038.2 As used in this article, the following terms have the following …
§ 1038.3 Nothing in this article shall be construed as limiting any obligation …

Terms Used In California Codes > Evidence Code > Division 8 > Chapter 4 > Article 8.8 - Human Trafficking Caseworker-Victim Privilege

  • Action: includes a civil action and a criminal action. See California Evidence Code 105
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Chambers: A judge's office.
  • commission: means a county transportation commission created pursuant to Chapter 2 (commencing with Section 130050). See California Public Utilities Code 130002
  • Confidential communication: includes all information regarding the facts and circumstances relating to all incidences of human trafficking, as well as all information about the children of the victim and the relationship of the victim to the human trafficker. See California Evidence Code 1038.2
  • County: includes city and county. See California Public Utilities Code 18
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • hearing: means the hearing at which a question under this code arises, and not some earlier or later hearing. See California Evidence Code 145
  • Holder of the privilege: means :

    California Evidence Code 1038.2

  • Human trafficking caseworker: means a person working for a human trafficking victim service organization, whether financially compensated or not, for the purpose of rendering advice or assistance to victims of human trafficking, who meets the requirements of paragraph (1) or (2) and who also meets the requirements of paragraph (3), if applicable:

    California Evidence Code 1038.2

  • Human trafficking victim service organization: means a nongovernmental organization or entity that provides shelter, program, or other support services to victims of human trafficking and their children and that does all of the following:

    California Evidence Code 1038.2

  • Law: includes constitutional, statutory, and decisional law. See California Evidence Code 160
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Evidence Code 175
  • State: means the State of California, unless applied to the different parts of the United States. See California Public Utilities Code 17
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Public Utilities Code 10
  • Victim: means a person who consults a human trafficking caseworker for the purpose of securing advice or assistance concerning a mental, physical, emotional, or other condition related to their experience as a victim of human trafficking. See California Evidence Code 1038.2
  • Writing: means handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored. See California Evidence Code 250