SB20,9,10 1. The order of the court determining that the defendant has met his or her burden of proof under sub. (2) (b), triggering an in camera review of mental health treatment records.

SB20,9,12 2. The order of the court determining that the mental health treatment records should be disclosed under sub. (4) (c).

SB20,9,17 (7) Privilege. The consent of a crime victim to review of mental health treatment records under sub. (4) (a) or disclosure of mental health treatment records under sub. (4) (d) does not waive any privilege under s. 905.11 or 905.12. A crime victim may still claim any applicable privilege for confidential communications or for information reviewed or disclosed under this section.

SB20,9,23 (8) Psychotherapy notes. Except for uses or disclosures described in 45 CFR 164.508 (a) (2) (i) and (ii), a defendant may not obtain and a court may not order disclosure of psychotherapy notes, as defined in 45 CFR 164.501, that are maintained for personal use and kept separate from other mental health treatment records unless the crime victim voluntarily provides an authorization in accordance with 45 CFR 164.508 to disclose psychotherapy notes.

SB20,3 Section 3 . 974.05 (1) (e) of the statutes is created to read:

SB20,10,1 974.05 (1) (e) Order granting relief under s. 971.313 (6) (c) 1. or 2.

SB20,10,2 (End)