Assembly Bill A1310C

2023-2024 Legislative Session

Enacts the "Lieutenant Joseph Banish mental health act"

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2023-A1310 - Details

See Senate Version of this Bill:
S6709
Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §4508-a, CPLR
Versions Introduced in Other Legislative Sessions:
2019-2020: A8440
2021-2022: A10179

2023-A1310 - Summary

Enacts the "Lieutenant Joseph Banish mental health act" to provide a testimonial privilege for communications arising out of law enforcement peer support counseling.

2023-A1310 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1310
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced by M. of A. SILLITTI -- read once and referred to the Commit-
   tee on Judiciary
 
 AN ACT to amend the civil practice law and rules, in relation to provid-
   ing    a   testimonial   privilege   to   critical   incident   stress
   management/crisis response/peer support team members concerning commu-
   nications  made  during  critical  incident  stress  management/crisis
   response services
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil practice law and rules is amended by adding a new
 section 4508-a to read as follows:
   § 4508-A. CRITICAL  INCIDENT  STRESS  MANAGEMENT/CRISIS  RESPONSE/PEER
 SUPPORT  TEAM  MEMBER.  (A)  DEFINITIONS.  AS  USED  IN THIS SECTION THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "EMERGENCY SERVICES  PROVIDER"  MEANS  ANY  INDIVIDUAL  WORKING  OR
 VOLUNTEERING IN THE FOLLOWING SERVICE CAPACITIES; LAW ENFORCEMENT, FIRE-
 FIGHTING,  EMERGENCY MEDICAL SERVICES, COMMUNICATIONS/DISPATCH SERVICES,
 PUBLIC SAFETY, DISASTER/EMERGENCY MANAGERS AND DISASTER RESPONDERS.
   2. "CRITICAL INCIDENT STRESS MANAGEMENT/CRISIS RESPONSE  SERVICES/PEER
 SUPPORT"  MEANS  CONTACT WITH A TRAINED MEMBER OF AN ORGANIZED EMERGENCY
 RESPONSE TEAM WHO PROVIDES  INTERVENTION,  SUPPORT,  CONSULTATION,  RISK
 ASSESSMENT, REFERRAL AND FOLLOW-UP SERVICES.
   3.  "A  TRAINED  MEMBER"  MEANS AN INDIVIDUAL WHO RECEIVED SPECIALIZED
 TRAINING IN CRITICAL  INCIDENT  STRESS  MANAGEMENT/CRISIS  RESPONSE/PEER
 SUPPORT  AND  OFFERS SERVICES AS PART OF AN ORGANIZED EMERGENCY RESPONSE
 TEAM.
   4. "CRITICAL INCIDENT STRESS MANAGEMENT/CRISIS RESPONSE/PEER  SUPPORT"
 MEANS   A   COMPREHENSIVE,  INTEGRATED,  STRATEGIC  AND  MULTI-COMPONENT
 APPROACH TO MANAGE CRITICAL INCIDENT STRESS DURING AND  FOLLOWING  INCI-
 DENTS  AND/OR  FOR ANY ISSUE THAT MAY IMPACT WORK AND FAMILY LIFE. CRIT-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03381-01-3
 A. 1310                             2
              

2023-A1310A - Details

See Senate Version of this Bill:
S6709
Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §4508-a, CPLR
Versions Introduced in Other Legislative Sessions:
2019-2020: A8440
2021-2022: A10179

2023-A1310A - Summary

Enacts the "Lieutenant Joseph Banish mental health act" to provide a testimonial privilege for communications arising out of law enforcement peer support counseling.

2023-A1310A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1310--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced by M. of A. SILLITTI -- read once and referred to the Commit-
   tee  on  Judiciary  --  committee  discharged,  bill  amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the civil practice law and rules, in relation to provid-
   ing   a   testimonial   privilege   to   critical   incident    stress
   management/crisis response/peer support team members concerning commu-
   nications  made  during  critical  incident  stress  management/crisis
   response services
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil practice law and rules is amended by adding a new
 section 4508-a to read as follows:
   §  4508-A.  CRITICAL  INCIDENT  STRESS MANAGEMENT/CRISIS RESPONSE/PEER
 SUPPORT TEAM MEMBER. (A)  DEFINITIONS.  AS  USED  IN  THIS  SECTION  THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "EMERGENCY  SERVICES  PROVIDER"  MEANS  ANY  INDIVIDUAL WORKING OR
 VOLUNTEERING IN THE FOLLOWING SERVICE CAPACITIES; LAW ENFORCEMENT, FIRE-
 FIGHTING, EMERGENCY MEDICAL SERVICES, COMMUNICATIONS/DISPATCH  SERVICES,
 PUBLIC SAFETY, DISASTER/EMERGENCY MANAGERS AND DISASTER RESPONDERS.
   2.  "CRITICAL INCIDENT STRESS MANAGEMENT/CRISIS RESPONSE SERVICES/PEER
 SUPPORT" MEANS CONTACT WITH A TRAINED MEMBER OF AN  ORGANIZED  EMERGENCY
 RESPONSE  TEAM  WHO  PROVIDES  INTERVENTION, SUPPORT, CONSULTATION, RISK
 ASSESSMENT, REFERRAL AND FOLLOW-UP SERVICES.
   3. "A TRAINED MEMBER" MEANS AN  INDIVIDUAL  WHO  RECEIVED  SPECIALIZED
 TRAINING  IN  CRITICAL  INCIDENT  STRESS MANAGEMENT/CRISIS RESPONSE/PEER
 SUPPORT AND OFFERS SERVICES AS PART OF AN ORGANIZED  EMERGENCY  RESPONSE
 TEAM.
   4.  "CRITICAL INCIDENT STRESS MANAGEMENT/CRISIS RESPONSE/PEER SUPPORT"
 MEANS  A  COMPREHENSIVE,  INTEGRATED,  STRATEGIC   AND   MULTI-COMPONENT
 APPROACH  TO  MANAGE CRITICAL INCIDENT STRESS DURING AND FOLLOWING INCI-
 DENTS AND/OR FOR ANY ISSUE THAT MAY IMPACT WORK AND FAMILY  LIFE.  CRIT-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03381-02-3
              

co-Sponsors

2023-A1310B - Details

See Senate Version of this Bill:
S6709
Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §4508-a, CPLR
Versions Introduced in Other Legislative Sessions:
2019-2020: A8440
2021-2022: A10179

2023-A1310B - Summary

Enacts the "Lieutenant Joseph Banish mental health act" to provide a testimonial privilege for communications arising out of law enforcement peer support counseling.

2023-A1310B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1310--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced by M. of A. SILLITTI -- read once and referred to the Commit-
   tee  on  Judiciary  --  committee  discharged,  bill  amended, ordered
   reprinted as amended and recommitted to said committee --  recommitted
   to the Committee on Judiciary in accordance with Assembly Rule 3, sec.
   2  -- committee discharged, bill amended, ordered reprinted as amended
   and recommitted to said committee
 
 AN ACT to amend the civil practice law and rules, in relation to provid-
   ing   a   testimonial   privilege   to   critical   incident    stress
   management/crisis response/peer support team members concerning commu-
   nications  made  during  critical  incident  stress  management/crisis
   response services
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short title.  This act shall be known and may be cited as
 the "Lieutenant Joseph Banish mental health act".
   § 2. The civil practice law and rules  is  amended  by  adding  a  new
 section 4508-a to read as follows:
   §  4508-A.  CRITICAL  INCIDENT  STRESS MANAGEMENT/CRISIS RESPONSE/PEER
 SUPPORT TEAM MEMBER. (A)  DEFINITIONS.  AS  USED  IN  THIS  SECTION  THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "EMERGENCY  SERVICES  PROVIDER"  MEANS  ANY  INDIVIDUAL WORKING OR
 VOLUNTEERING IN THE FOLLOWING SERVICE CAPACITIES; LAW ENFORCEMENT, FIRE-
 FIGHTING, EMERGENCY MEDICAL SERVICES, COMMUNICATIONS/DISPATCH  SERVICES,
 PUBLIC SAFETY, DISASTER/EMERGENCY MANAGERS AND DISASTER RESPONDERS.
   2.  "CRITICAL INCIDENT STRESS MANAGEMENT/CRISIS RESPONSE SERVICES/PEER
 SUPPORT" MEANS CONTACT WITH A TRAINED MEMBER OF AN  ORGANIZED  EMERGENCY
 RESPONSE  TEAM  WHO  PROVIDES  INTERVENTION, SUPPORT, CONSULTATION, RISK
 ASSESSMENT, REFERRAL AND FOLLOW-UP SERVICES.
   3. "A TRAINED MEMBER" MEANS AN  INDIVIDUAL  WHO  RECEIVED  SPECIALIZED
 TRAINING  IN  CRITICAL  INCIDENT  STRESS MANAGEMENT/CRISIS RESPONSE/PEER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03381-07-4
 A. 1310--B                          2
              

co-Sponsors

2023-A1310C (ACTIVE) - Details

See Senate Version of this Bill:
S6709
Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §4508-a, CPLR
Versions Introduced in Other Legislative Sessions:
2019-2020: A8440
2021-2022: A10179

2023-A1310C (ACTIVE) - Summary

Enacts the "Lieutenant Joseph Banish mental health act" to provide a testimonial privilege for communications arising out of law enforcement peer support counseling.

2023-A1310C (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1310--C
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M.  of  A.  SILLITTI, BERGER, STECK, THIELE, BRAUNSTEIN,
   LUCAS, DeSTEFANO, J. A. GIGLIO, ANGELINO, JEAN-PIERRE, GUNTHER,  PHEF-
   FER AMATO,  BUTTENSCHON  -- read once and referred to the Committee on
   Judiciary -- committee discharged, bill amended, ordered reprinted  as
   amended  and  recommitted  to  said  committee  --  recommitted to the
   Committee on Judiciary in accordance with Assembly Rule 3, sec.  2  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- recommitted to the Committee on Judi-
   ciary in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the civil practice law and rules, in relation to provid-
   ing  a  testimonial  privilege  for  communications arising out of law
   enforcement peer support counseling
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short title.  This act shall be known and may be cited as
 the "Lieutenant Joseph Banish mental health act".
   § 2. The civil practice law and rules  is  amended  by  adding  a  new
 section 4508-a to read as follows:
   § 4508-A. LAW ENFORCEMENT PEER SUPPORT SPECIALIST. (A) DEFINITIONS. AS
 USED  IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
 INGS:
   1. "LAW ENFORCEMENT AGENCY" MEANS ANY  DEPARTMENT,  DIVISION,  AGENCY,
 BOARD,  COMMISSION,  OR PUBLIC AUTHORITY OF THE STATE OR ANY SUBDIVISION
 THEREOF THAT EMPLOYS POLICE OFFICERS.
   2. "POLICE OFFICER" MEANS A POLICE OFFICER AS DEFINED IN SECTION  1.20
 OF THE CRIMINAL PROCEDURE LAW.
   3. "PEER SUPPORT COMMUNICATION" INCLUDES:
   (I)  AN  ORAL  OR  WRITTEN  COMMUNICATION MADE IN THE COURSE OF A PEER
 SUPPORT COUNSELING SESSION;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03381-09-4
              

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