NY State Assembly Bill 2023-A1310C

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 30, 2024	print number 1310c
May 30, 2024	amend (t) and recommit to judiciary
Feb 06, 2024	print number 1310b
Feb 06, 2024	amend and recommit to judiciary
Jan 03, 2024	referred to judiciary
Mar 17, 2023	print number 1310a
Mar 17, 2023	amend and recommit to judiciary
Jan 17, 2023	referred to judiciary

Bill Amendments

Original

C (Active)

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

 
 ICAL INCIDENT STRESS MANAGEMENT/CRISIS  RESPONSE/PEER  SUPPORT  SERVICES
 MAY INCLUDE:
   (A) PRE-INCIDENT EDUCATION AND PREPARATION;
   (B) ASSESSMENT;
   (C) CRISIS INTERVENTION;
   (D) STRATEGIC PLANNING;
   (E) LARGE GROUP INTERVENTIONS;
   (F) SMALL GROUP INTERVENTIONS;
   (G) ONE-ON-ONE ASSISTANCE;
   (H) FAMILY CRITICAL INCIDENT STRESS MANAGEMENT;
   (I) ORGANIZATIONAL, COMMUNITY INTERVENTION, AND CONSULTATION;
   (J) PASTORAL CRISIS INTERVENTION; AND
   (K) FOLLOW-UP AND REFERRAL.
   (B) CONFIDENTIAL INFORMATION PRIVILEGED. A TRAINED MEMBER WHO RECEIVED
 SPECIALIZED  TRAINING  IN  CRITICAL  INCIDENT  STRESS  MANAGEMENT/CRISIS
 RESPONSE/PEER SUPPORT AS A MEMBER OF  AN  ORGANIZED  EMERGENCY  RESPONSE
 TEAM  SHALL  NOT  BE REQUIRED TO DISCLOSE ORAL OR WRITTEN COMMUNICATION,
 NOTES, RECORDS OR REPORTS MADE BY AN  INDIVIDUAL  WHILE  RECEIVING  SUCH
 SERVICES  OR  BE  REQUIRED  TO  DISCLOSE HIS/HER COMMUNICATIONS WITH THE
 INDIVIDUAL  IN  NEED  OF  CRITICAL  INCIDENT  STRESS   MANAGEMENT/CRISIS
 RESPONSE/PEER SUPPORT SERVICES EXCEPT:
   1.   WHERE  THE  INDIVIDUAL  WHO  RECEIVED  CRITICAL  INCIDENT  STRESS
 MANAGEMENT/CRISIS RESPONSE SERVICES/PEER SUPPORT GIVES  EXPRESS  CONSENT
 TO THE TESTIMONY;
   2. THE COMMUNICATION REVEALS THE CONTEMPLATION OF A CRIME OR ADMISSION
 OF CRIMINAL CONDUCT;
   3. THE INDIVIDUAL REPRESENTS HARM TO SELF OR OTHERS; OR
   4.  THE INDIVIDUAL IS SUSPECTED OF CHILD ABUSE OR IS AT RISK FOR CHILD
 ABUSE.
   § 2. This act shall take effect immediately.

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

 A. 1310--A                          2
 
 ICAL  INCIDENT  STRESS  MANAGEMENT/CRISIS RESPONSE/PEER SUPPORT SERVICES
 MAY INCLUDE:
   (A) PRE-INCIDENT EDUCATION AND PREPARATION;
   (B) ASSESSMENT;
   (C) CRISIS INTERVENTION;
   (D) STRATEGIC PLANNING;
   (E) LARGE GROUP INTERVENTIONS;
   (F) SMALL GROUP INTERVENTIONS;
   (G) ONE-ON-ONE ASSISTANCE;
   (H) FAMILY CRITICAL INCIDENT STRESS MANAGEMENT;
   (I) ORGANIZATIONAL, COMMUNITY INTERVENTION, AND CONSULTATION;
   (J) PASTORAL CRISIS INTERVENTION; AND
   (K) FOLLOW-UP AND REFERRAL.
   (B) CONFIDENTIAL INFORMATION PRIVILEGED. A TRAINED MEMBER WHO RECEIVED
 SPECIALIZED  TRAINING  IN  CRITICAL  INCIDENT  STRESS  MANAGEMENT/CRISIS
 RESPONSE/PEER SUPPORT AS A MEMBER OF  AN  ORGANIZED  EMERGENCY  RESPONSE
 TEAM  SHALL  NOT  BE REQUIRED TO DISCLOSE ORAL OR WRITTEN COMMUNICATION,
 NOTES, RECORDS OR REPORTS MADE BY AN  INDIVIDUAL  WHILE  RECEIVING  SUCH
 SERVICES  OR  BE  REQUIRED  TO  DISCLOSE HIS/HER COMMUNICATIONS WITH THE
 INDIVIDUAL  IN  NEED  OF  CRITICAL  INCIDENT  STRESS   MANAGEMENT/CRISIS
 RESPONSE/PEER SUPPORT SERVICES EXCEPT:
   1.   WHERE  THE  INDIVIDUAL  WHO  RECEIVED  CRITICAL  INCIDENT  STRESS
 MANAGEMENT/CRISIS RESPONSE SERVICES/PEER SUPPORT GIVES  EXPRESS  CONSENT
 TO THE TESTIMONY;
   2. THE COMMUNICATION REVEALS THE CONTEMPLATION OF A CRIME OR ADMISSION
 OF CRIMINAL CONDUCT;
   3. THE INDIVIDUAL REPRESENTS HARM TO SELF OR OTHERS; OR
   4.  THE INDIVIDUAL IS SUSPECTED OF CHILD ABUSE OR IS AT RISK FOR CHILD
 ABUSE.
   (C) THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL  PROMULGATE  RULES
 AND  REGULATIONS  NECESSARY  TO  EFFECTUATE  THIS  SECTION  AND SHALL BE
 EMPOWERED  TO  IDENTIFY  MINIMUM  CERTIFICATIONS  REQUIRED  OF   TRAINED
 MEMBERS,  APPROVED  TRAINING  COURSES,  RECORD KEEPING REQUIREMENTS, AND
 RETRAINING REQUIREMENTS.
   § 2. This act shall take effect immediately.

co-Sponsors

View additional 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

 
 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-
 ICAL  INCIDENT  STRESS  MANAGEMENT/CRISIS RESPONSE/PEER SUPPORT SERVICES
 MAY INCLUDE:
   (A) PRE-INCIDENT EDUCATION AND PREPARATION;
   (B) ASSESSMENT;
   (C) CRISIS INTERVENTION;
   (D) STRATEGIC PLANNING;
   (E) LARGE GROUP INTERVENTIONS;
   (F) SMALL GROUP INTERVENTIONS;
   (G) ONE-ON-ONE ASSISTANCE;
   (H) FAMILY CRITICAL INCIDENT STRESS MANAGEMENT;
   (I) ORGANIZATIONAL, COMMUNITY INTERVENTION, AND CONSULTATION;
   (J) PASTORAL CRISIS INTERVENTION; AND
   (K) FOLLOW-UP AND REFERRAL.
   (B) CONFIDENTIAL INFORMATION PRIVILEGED. A TRAINED MEMBER WHO RECEIVED
 SPECIALIZED  TRAINING  IN  CRITICAL  INCIDENT  STRESS  MANAGEMENT/CRISIS
 RESPONSE/PEER  SUPPORT  AS  A  MEMBER OF AN ORGANIZED EMERGENCY RESPONSE
 TEAM SHALL NOT BE REQUIRED TO DISCLOSE ORAL  OR  WRITTEN  COMMUNICATION,
 NOTES,  RECORDS  OR  REPORTS  MADE BY AN INDIVIDUAL WHILE RECEIVING SUCH
 SERVICES OR BE REQUIRED TO  DISCLOSE  HIS/HER  COMMUNICATIONS  WITH  THE
 INDIVIDUAL   IN  NEED  OF  CRITICAL  INCIDENT  STRESS  MANAGEMENT/CRISIS
 RESPONSE/PEER SUPPORT SERVICES EXCEPT:
   1.  WHERE  THE  INDIVIDUAL  WHO  RECEIVED  CRITICAL  INCIDENT   STRESS
 MANAGEMENT/CRISIS  RESPONSE  SERVICES/PEER SUPPORT GIVES EXPRESS CONSENT
 TO THE TESTIMONY;
   2. THE COMMUNICATION REVEALS THE CONTEMPLATION OF A CRIME OR ADMISSION
 OF CRIMINAL CONDUCT;
   3. THE INDIVIDUAL REPRESENTS HARM TO SELF OR OTHERS; OR
   4. THE INDIVIDUAL IS SUSPECTED OF CHILD ABUSE OR IS AT RISK FOR  CHILD
 ABUSE.
   (C)  RULES AND REGULATIONS.  THE DIVISION OF CRIMINAL JUSTICE SERVICES
 SHALL PROMULGATE RULES AND  REGULATIONS  NECESSARY  TO  EFFECTUATE  THIS
 SECTION  AND  SHALL  BE  EMPOWERED  TO  IDENTIFY  MINIMUM CERTIFICATIONS
 REQUIRED OF TRAINED MEMBERS, APPROVED TRAINING COURSES,  RECORD  KEEPING
 REQUIREMENTS, AND RETRAINING REQUIREMENTS.
   § 3. This act shall take effect immediately.

co-Sponsors

View additional 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

 A. 1310--C                          2
 
   (II) A NOTE OR  REPORT  ARISING  OUT  OF  A  PEER  SUPPORT  COUNSELING
 SESSION;
   (III) A RECORD OF A PEER SUPPORT COUNSELING SESSION; OR
   (IV)  WITH  RESPECT  TO A COMMUNICATION MADE BY A PEER SUPPORT PARTIC-
 IPANT IN THE COURSE OF A PEER SUPPORT COUNSELING SESSION, ANOTHER COMMU-
 NICATION, REGARDING THE FIRST COMMUNICATION, THAT IS MADE BETWEEN A PEER
 SUPPORT SPECIALIST AND:
   (A) ANOTHER PEER SUPPORT SPECIALIST;
   (B) A STAFF MEMBER OF A PEER SUPPORT COUNSELING PROGRAM; OR
   (C) A SUPERVISOR OF THE PEER SUPPORT SPECIALIST.
   4. "PEER SUPPORT COUNSELING PROGRAM" MEANS A PROGRAM PROVIDED BY A LAW
 ENFORCEMENT AGENCY THAT PROVIDES COUNSELING SERVICES FROM A PEER SUPPORT
 SPECIALIST TO A POLICE OFFICER OF THE LAW ENFORCEMENT AGENCY.
   5. "PEER SUPPORT COUNSELING SESSION"  MEANS  ANY  COUNSELING  FORMALLY
 PROVIDED  THROUGH  A  PEER  SUPPORT  COUNSELING  PROGRAM  BETWEEN A PEER
 SUPPORT SPECIALIST AND ONE OR MORE POLICE OFFICERS.
   6. "PEER SUPPORT PARTICIPANT" MEANS  A  POLICE  OFFICER  WHO  RECEIVES
 COUNSELING SERVICES FROM A PEER SUPPORT SPECIALIST.
   7. "PEER SUPPORT SPECIALIST" MEANS A POLICE OFFICER WHO:
   (I) HAS RECEIVED TRAINING IN:
   (A) PEER SUPPORT COUNSELING; AND
   (B)  PROVIDING EMOTIONAL AND MORAL SUPPORT TO POLICE OFFICERS WHO HAVE
 BEEN INVOLVED IN OR EXPOSED TO AN EMOTIONALLY  TRAUMATIC  EXPERIENCE  IN
 THE COURSE OF EMPLOYMENT; AND
   (II) IS DESIGNATED BY A LAW ENFORCEMENT AGENCY TO PROVIDE THE SERVICES
 DESCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH.
   (B) CONFIDENTIAL INFORMATION PRIVILEGED.  EXCEPT AS PROVIDED IN SUBDI-
 VISION  (C)  OF  THIS SECTION, A PEER SUPPORT SPECIALIST OR PEER SUPPORT
 PARTICIPANT SHALL NOT DISCLOSE THE CONTENTS OF A PEER  SUPPORT  COMMUNI-
 CATION  TO AN INDIVIDUAL WHO WAS NOT A PARTY TO SUCH PEER SUPPORT COMMU-
 NICATION.
   (C) EXCEPTIONS; PEER SUPPORT COMMUNICATION. SUBDIVISION  (B)  OF  THIS
 SECTION SHALL NOT APPLY TO A PEER SUPPORT COMMUNICATION IF:
   1.  THE PEER SUPPORT COMMUNICATION CONTAINS:
   (I)  AN EXPLICIT THREAT OF SUICIDE BY AN INDIVIDUAL IN WHICH THE INDI-
 VIDUAL:
   (A) SHARES:
   (I) AN INTENT TO DIE BY SUICIDE; AND
   (II) A PLAN FOR A SUICIDE ATTEMPT OR THE MEANS BY WHICH THE INDIVIDUAL
 PLANS TO CARRY OUT A SUICIDE ATTEMPT; AND
   (B) DOES NOT SOLELY SHARE THAT THE INDIVIDUAL IS EXPERIENCING SUICIDAL
 THOUGHTS;
   (II) AN EXPLICIT THREAT BY AN INDIVIDUAL OF IMMINENT AND SERIOUS PHYS-
 ICAL BODILY HARM OR DEATH TO ANOTHER INDIVIDUAL;
   (III) INFORMATION:
   (A) RELATING TO THE ABUSE OR NEGLECT OF:
   (I) A CHILD; OR
   (II) AN OLDER OR VULNERABLE INDIVIDUAL; OR
   (B) THAT IS REQUIRED BY LAW TO BE REPORTED; OR
   (IV) AN ADMISSION OF CRIMINAL CONDUCT;
   2. THE DISCLOSURE IS PERMITTED BY EACH PEER  SUPPORT  PARTICIPANT  WHO
 WAS A PARTY TO, AS APPLICABLE:
   (I) THE PEER SUPPORT COMMUNICATION;
   (II) THE PEER SUPPORT COUNSELING SESSION OUT OF WHICH THE PEER SUPPORT
 COMMUNICATION AROSE;
 A. 1310--C                          3
 
   (III)  THE  PEER  SUPPORT COUNSELING SESSION OF WHICH THE PEER SUPPORT
 COMMUNICATION IS A RECORD; AND
   (IV) THE COMMUNICATION MADE IN THE COURSE OF A PEER SUPPORT COUNSELING
 SESSION THAT THE PEER SUPPORT COMMUNICATION IS REGARDING;
   3.  A  COURT  OF  COMPETENT  JURISDICTION  ISSUES AN ORDER OR SUBPOENA
 REQUIRING THE DISCLOSURE OF THE PEER SUPPORT COMMUNICATION; OR
   4.  THE  PEER  SUPPORT  COMMUNICATION  CONTAINS  INFORMATION  THAT  IS
 REQUIRED BY LAW TO BE DISCLOSED.
   (D)  EXCEPTIONS;  OTHER.  SUBDIVISION  (B)  OF  THIS SECTION SHALL NOT
 PROHIBIT THE DISCLOSURE OF:
   1. AN OBSERVATION MADE BY A POLICE OFFICER OF A PEER  SUPPORT  PARTIC-
 IPANT OUTSIDE OF A PEER SUPPORT COUNSELING SESSION; OR
   2.  KNOWLEDGE OF A POLICE OFFICER ABOUT A PEER SUPPORT PARTICIPANT NOT
 GAINED FROM A PEER SUPPORT COMMUNICATION.
   (E) DISCLOSURES. BEFORE THE INITIAL PEER SUPPORT COUNSELING SESSION OF
 A PEER SUPPORT PARTICIPANT, A PEER SUPPORT SPECIALIST SHALL  INFORM  THE
 PEER  SUPPORT  PARTICIPANT IN WRITING OF THE CONFIDENTIALITY REQUIREMENT
 UNDER SUBDIVISION (B)  OF  THIS  SECTION  AND  THE  EXCEPTIONS  TO  THAT
 REQUIREMENT UNDER SUBDIVISIONS (C) AND (D) OF THIS SECTION.
   (F)  RULES AND REGULATIONS.  THE DIVISION OF CRIMINAL JUSTICE SERVICES
 SHALL PROMULGATE RULES AND  REGULATIONS  NECESSARY  TO  EFFECTUATE  THIS
 SECTION  AND  SHALL  BE  EMPOWERED  TO  IDENTIFY  MINIMUM CERTIFICATIONS
 REQUIRED OF TRAINED MEMBERS, APPROVED TRAINING COURSES,  RECORD  KEEPING
 REQUIREMENTS, AND RETRAINING REQUIREMENTS.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.

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Assembly Bill A1310C

Sponsored By

Current Bill Status - In Assembly Committee

Bill Amendments

2023-A1310 - Details

2023-A1310 - Summary

2023-A1310 - Bill Text download pdf

2023-A1310A - Details

2023-A1310A - Summary

2023-A1310A - Bill Text download pdf

co-Sponsors

2023-A1310B - Details

2023-A1310B - Summary

2023-A1310B - Bill Text download pdf

co-Sponsors

2023-A1310C (ACTIVE) - Details

2023-A1310C (ACTIVE) - Summary

2023-A1310C (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A1310C

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Sponsored By

SILLITTI

Current Bill Status - In Assembly Committee

Bill Amendments

2023-A1310 - Details

2023-A1310 - Summary

2023-A1310 - Bill Text download pdf

2023-A1310A - Details

2023-A1310A - Summary

2023-A1310A - Bill Text download pdf

co-Sponsors

Sam Berger

Phil Steck

Fred Thiele

Edward Braunstein

2023-A1310B - Details

2023-A1310B - Summary

2023-A1310B - Bill Text download pdf

co-Sponsors

Sam Berger

Phil Steck

Fred Thiele

Edward Braunstein

2023-A1310C (ACTIVE) - Details

2023-A1310C (ACTIVE) - Summary

2023-A1310C (ACTIVE) - Bill Text download pdf

Comments