(a) "Confidential communication" means a communication between an offsite process counselor and an individual reporting information or seeking consultative services from the offsite process counselor.

(b) "Harassment" has the meaning given that term in legislative branch personnel rules that establish a standard of conduct that applies to legislators, legislative staff or executive or judicial branch staff that regularly are present in the State Capitol or regularly interact with the legislative branch, lobbyists who are required to be registered under ORS 171.740, or contractors, including employees of contractors, who regularly perform services in the State Capitol. "Harassment" includes conduct that constitutes sexual harassment or retaliation as those terms are used in the legislative branch personnel rules that address harassment. "Harassment" includes discrimination in a place of public accommodation.

(c) "Legislative branch" means the legislative department, as defined in ORS 174.114.

(d) "Offsite process counselor" means an offsite process counselor who meets the qualifications established under ORS 173.930 (2), who performs services under ORS 173.933 and who has completed at least 40 hours of training in advocacy for victims of domestic violence, sexual assault, stalking or workplace harassment, including harassment based on race, gender or disability, that has been approved by the Attorney General by rule.

(2) A person who reports information to an offsite process counselor that concerns harassment that the person has experienced or witnessed has a privilege to refuse to disclose and to prevent any other person from disclosing:

(a) Confidential communication made by the person to or received by the person from the offsite process counselor; and

(b) Records that are created or maintained by the offsite process counselor in the course of the person reporting information that concerns harassment in the State Capitol.

(3) A person who consults with an offsite process counselor for the purpose of understanding what options are available for reporting harassment or filing a harassment complaint has a privilege to refuse to disclose and to prevent any other person from disclosing:

(a) Confidential communication made by the person to or received by the person from the offsite process counselor; and

(b) Records that are created or maintained by the offsite process counselor in the course of providing counsel or services to the person.

(4) This section does not prohibit the disclosure of:

(a) Any information if the offsite process counselor reasonably believes that the disclosure is necessary to prevent immediate physical harm or other harm described in ORS 40.252; or

(b) Nonpersonally identifying data.

(5) This section applies to civil, criminal and administrative proceedings and to legislative branch disciplinary proceedings. [2019 c.604 §17]

Note: 40.274 was added to and made a part of 40.225 to 40.295 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.