NY State Senate Bill 2023-S6709B

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2024	referred to judiciary delivered to assembly passed senate ordered to third reading cal.1648 committee discharged and committed to rules
May 29, 2024	print number 6709b
May 29, 2024	amend (t) and recommit to judiciary
Feb 06, 2024	print number 6709a
Feb 06, 2024	amend and recommit to judiciary
Jan 03, 2024	referred to judiciary
May 05, 2023	referred to judiciary

Votes

- Jun 3, 2024 - Floor Vote
  S6709B
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 3, 2024
      
      aye (60)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      excused (2)
      
      Brouk
      
      Walczyk
  Jun 3, 2024 - Rules Committee Vote
  S6709B
  
  20
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 3, 2024
      
      aye (20)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Helming
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Sepúlveda
      
      Stec
      
      Stewart-Cousins
      
      Thomas

Bill Amendments

Original

B (Active)

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

                                 
BILL NUMBER: S6709

SPONSOR: SKOUFIS
 
TITLE OF BILL:

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 communi-
cations made during critical incident stress management/crisis response
services

 
PURPOSE:

Provides testimonial privilege to critical incident stress
management/crisis response/peer support team members for communications
from an individual who receives such services.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the civil practice law and rules by adding a new
section 4508-a to extend the privilege of confidentiality to communi-
cations between emergency service personnel and their critical incident,

stress management, crisis response, or peer support team.

Subsection (a) provides definitions for emergency service providers,
critical incident stress management/crisis response/peer support and
trained members.

Subsection (b) provides that communications between emergency service
personnel and their critical incident support team are privileged, with
enumerated exceptions.

Subsection (c) provides DCJS with the power to promulgate rules and
regulations necessary to effectuate this section including any training
requirements, record keeping requirements, and retraining requirements.

Section 2: Provides the effective date

 
JUSTIFICATION:

Several states including Oregon, Kentucky and Ohio have passed legis-
lation protecting communications between individuals receiving Critical
Incident Stress Management/Crisis Response/Peer Support Services and
team members from disclosure. Critical Incident Stress Management/Crisis
Response/Peer Support is a field dedicated to providing supportive help
to individuals or groups during a period of extreme stress. Critical
Incident Stress Management/Crisis Response/Peer Support Services repres-
ents a system of interventions designed to mitigate the adverse
reactions that often accompany emergency services, public safety and
disaster response functions.

The stress inherent in emergency response and disaster relief operations
has the potential to overwhelm an individual's coping mechanisms and
interfere with the individual's ability to function either at the scene
or later in their career, and can disrupt interpersonal relationships.

The goal of providing these services is to stabilize, mitigate acute
distress, return to adaptive functioning, and refer for additional
assessment or follow-up care where appropriate. The content of these
services does not involve an evaluation or critique of the individual's
actions. Rather, emphasis is placed on establishing trust and support.

Under Section 4507 of the New York CPLR, communications with psychol-
ogists are privileged. Likewise, under Section 4508, communications with
Social Workers are also privileged. The rationale for these privileges
is rooted in the essential need for confidence and trust. Since an
important element of the success of these services depends upon the
ability to communicate freely with team members, it is important that
team members be afforded the same testimonial privilege as other behav-
ioral health providers.

This bill establishes "testimonial privilege" for Critical Incident
Stress Management/Crisis Response/Peer Support team members. It adds
team members to the list of already privileged relationships under the
New York Civil Practice Law and Rules. The bill also includes exceptions
to that privilege including, the admission of criminal conduct, any
child abuse or risk of child abuse, or if there is a risk of harm to
themselves or others.

 
FISCAL IMPLICATIONS:

None.

 
LEGISLATIVE HISTORY:

Senate

2021-2022: S1945, Committed to Rules

Assembly

2021-2022: A10179, Referred to Judiciary

 
EFFECTIVE DATE:
This act would take effect immediately.

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

 
 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-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

                                 
BILL NUMBER: S6709A

SPONSOR: SKOUFIS
 
TITLE OF BILL:

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 communi-
cations made during critical incident stress management/crisis response
services

 
SUMMARY OF PROVISIONS:

Section 1: Provides that this act shall be known and cited as the "Lieu-
tenant Joseph Banish mental health act"

Section 2: Amends the civil practice law and rules by adding a new
section 4508-a to extend the privilege of confidentiality to communi-
cations between emergency service personnel and their critical incident,
stress management, crisis response, or peer support team. Subsection(a)
provides definitions for emergency service providers, critical incident
stress management/crisis response/peer support and trained members.

Subsection (b) provides that communications between emergency service
personnel and their critical incident support team are privileged, with
enumerated exceptions.

Subsection (c) provides DCJS with the power to promulgate rules and
regulations necessary to effectuate this section including any training
requirements, record keeping requirements, and retraining requirements.

Section 3: Provides the effective date

 
JUSTIFICATION:

Several states including Oregon, Kentucky and Ohio have passed legis-
lation protecting communications between individuals receiving Critical
Incident Stress Management/Crisis Response/Peer Support Services and
team members from disclosure. Critical Incident Stress Management/Crisis
Response/Peer Support is a field dedicated to providing supportive help
to individuals or groups during a period of extreme stress. Critical
Incident Stress Management/Crisis Response/Peer Support Services repres-
ents a system of interventions designed to mitigate the adverse
reactions that often accompany emergency services, public safety and
disaster response functions.

The stress inherent in emergency response and disaster relief operations
has the potential to overwhelm an individual's coping mechanisms and
interfere with the individual's ability to function either at the scene
or later in their career, and can disrupt interpersonal relationships.
The goal of providing these services is to stabilize, mitigate acute
distress, return to adaptive functioning, and refer for additional
assessment or follow-up care where appropriate. The content of these
services does not involve an evaluation or critique of the individual's
actions. Rather, emphasis is placed on establishing trust and support.

Under Section 4507 of the New York CPLR, communications with psychol-
ogists are privileged. Likewise, under Section 4508, communications with
Social Workers are also privileged. The rationale for these privileges
is rooted in the essential need for confidence and trust. Since an
important element of the success of these services depends upon the
ability to communicate freely with team members, it is important that
team members be afforded the same testimonial privilege as other behav-
ioral health providers.

This bill establishes "testimonial privilege" for Critical Incident
Stress Management/Crisis Response/Peer Support team members. It adds
team members to the list of already privileged relationships under the
New York Civil Practice Law and Rules. The bill also includes exceptions
to that privilege including, the admission of criminal conduct, any
child abuse or risk of child abuse, or if there is a risk of harm to
themselves or others.

 
FISCAL IMPLICATIONS:

None.

 
LEGISLATIVE HISTORY:

Senate

2021-2022: S1945, Committed to Rules

Assembly

2021-2022: A10179, Referred to Judiciary

 
EFFECTIVE DATE:
This act would take effect immediately.

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

 S. 6709--A                          2
 
   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-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

                                 
BILL NUMBER: S6709B

SPONSOR: SKOUFIS
 
TITLE OF BILL:

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

 
PURPOSE:

Provides testimonial privilege to peer support specialists and partic-
ipants for peer support communications.

 
SUMMARY OF PROVISIONS:

Section 1: Provides that this act shall be known and cited as the "Lieu-
tenant Joseph Banish mental health act"

Section 2: Amends the civil practice law and rules by adding a new
section 4508-a. Provides definitions. States that a Peer Support
Specialist or Peer Support Participant may not disclose the contents of

a Peer Support Communication to an individual who was not a party to the
Peer Support Communication, with enumerated exceptions such as an
explicit threat to oneself or another individual. Provides DCJS with the
power to promulgate rules and regulations necessary to effectuate this
section including any training requirements, record-keeping require-
ments, and retraining requirements.

Section 3: Provides the effective date

 
JUSTIFICATION:

Several states including Oregon, Kentucky, and Ohio have passed legis-
lation protecting communications between individuals receiving Critical
Incident Stress Management/Crisis Response/Peer Support Services and
team members from disclosure. Critical Incident Stress Management/Crisis
Response/Peer Support is a field dedicated to providing supportive help
to individuals or groups during a period of extreme stress. Critical
Incident Stress Management/Crisis Response/Peer Support Services repre-
sent a system of interventions designed to mitigate the adverse
reactions that often accompany emergency services, public safety, and
disaster response functions.

The stress inherent in emergency response and disaster relief operations
has the potential to overwhelm an individual's coping mechanisms and
interfere with the individual's ability to function either at the scene
or later in their career, and can disrupt interpersonal relationships.
The goal of providing these services is to stabilize, mitigate acute
distress, return to adaptive functioning, and refer for additional
assessment or follow-up care where appropriate. The content of these
services does not involve an evaluation or critique of the individual's
actions. Rather, emphasis is placed on establishing trust and support.

Under Section 4507 of the New York CPLR, communications with psychol-
ogists are privileged. Likewise, under Section 4508, communications with
Social Workers are also privileged. The rationale for these privileges
is rooted in the essential need for confidence and trust. Since an
important element of the success of these services depends upon the
ability to communicate freely with team members, it is important that
team members be afforded the same testimonial privilege as other behav-
ioral health providers.

This bill establishes "testimonial privilege" for peer support special-
ists and participants. The bill also includes exceptions to that privi-
lege including, the admission of criminal conduct, any child abuse or
risk of child abuse, or if there is a risk of harm to themselves or
others.

 
FISCAL IMPLICATIONS:

None.

 
LEGISLATIVE HISTORY:

Senate

2021-2022: S1945, Committed to Rules

Assembly 2021-2022: A10179, Referred to Judiciary

 
EFFECTIVE DATE:
This act shall take effect 180th day after it shall have become law.
Effective immediately, the addition, amendment, and/or repeal o any rule
or regulation necessary for the implementation of this act on it effec-
tive date are authorized to be made and completed on or before such
date.

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

 
   (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;
   (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;
 S. 6709--B                          3
 
   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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Senate Bill S6709B

Sponsored By

Current Bill Status - In Assembly Committee

Jun 3, 2024 - Floor Vote

Floor Vote: Jun 3, 2024

Jun 3, 2024 - Rules Committee Vote

Rules Committee Vote: Jun 3, 2024

Bill Amendments

2023-S6709 - Details

2023-S6709 - Summary

2023-S6709 - Sponsor Memo

2023-S6709 - Bill Text download pdf

co-Sponsors

2023-S6709A - Details

2023-S6709A - Summary

2023-S6709A - Sponsor Memo

2023-S6709A - Bill Text download pdf

co-Sponsors

2023-S6709B (ACTIVE) - Details

2023-S6709B (ACTIVE) - Summary

2023-S6709B (ACTIVE) - Sponsor Memo

2023-S6709B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6709B

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Sponsored By

Current Bill Status - In Assembly Committee

Bill Amendments

2023-S6709 - Details

2023-S6709 - Summary

2023-S6709 - Sponsor Memo

2023-S6709 - Bill Text download pdf

co-Sponsors

2023-S6709A - Details

2023-S6709A - Summary

2023-S6709A - Sponsor Memo

2023-S6709A - Bill Text download pdf

co-Sponsors

2023-S6709B (ACTIVE) - Details

2023-S6709B (ACTIVE) - Summary

2023-S6709B (ACTIVE) - Sponsor Memo

2023-S6709B (ACTIVE) - Bill Text download pdf

Comments