May 21, 2019

HB 16-1384: Establishing a Legal Privilege Related to Testifying Without Consent for Disability Advocates

On March 16, 2016, Rep. Jessie Danielson introduced HB 16-1384Concerning Establishing a Legal Privilege Related to Testifying Without Consent for Disability Advocates. It was introduced into the House Judiciary Committee.

This bill establishes a legal privilege for disability advocates to not testify to communications between the disability advocate (herein also referred to as “advocate”) and a person with a disability. If a communication is between an advocate and a person with a disability who has retained the services of the advocate, and the communication is directly related to providing effective communication support accommodation – as the term is defined in the federal Americans with Disabilities Act – the advocate shall not be called upon to testify as to such communication without the consent of the person with the disability. A “disability advocate” means a person employed by a disability advocacy agency, who undergoes eight hours annually of specialized training, and whose primary function is to provide ongoing effective communication support accommodation to persons with disabilities.

Max Montag is a 2016 J.D. Candidate at the University of Denver Sturm College of Law.