Senate Bill S6709B

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-S6709 - Details

See Assembly Version of this Bill:
A1310
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-S6709 - 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-S6709 - Sponsor Memo

2023-S6709 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6709
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                May 5, 2023
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee 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.
                                                            LBD03381-03-3
 S. 6709                             2
              

co-Sponsors

2023-S6709A - Details

See Assembly Version of this Bill:
A1310
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-S6709A - 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-S6709A - Sponsor Memo

2023-S6709A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6709--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                May 5, 2023
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary  --  recommitted
   to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8
   --  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
 SUPPORT AND OFFERS SERVICES AS PART OF AN ORGANIZED  EMERGENCY  RESPONSE
 TEAM.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03381-06-4
              

co-Sponsors

2023-S6709B (ACTIVE) - Details

See Assembly Version of this Bill:
A1310
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-S6709B (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-S6709B (ACTIVE) - Sponsor Memo

2023-S6709B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6709--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                May 5, 2023
                                ___________
 
 Introduced by Sens. SKOUFIS, GALLIVAN, GOUNARDES, MARTINS, MAYER, RAMOS,
   ROLISON  --  read  twice  and  ordered printed, and when printed to be
   committed to the Committee on Judiciary -- recommitted to the  Commit-
   tee on Judiciary in accordance with Senate Rule 6, sec. 8 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  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;
   (II)  A  NOTE  OR  REPORT  ARISING  OUT  OF  A PEER SUPPORT COUNSELING
 SESSION;
   (III) A RECORD OF A PEER SUPPORT COUNSELING SESSION; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03381-08-4
 S. 6709--B                          2
              

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