NY State Senate Bill 2025-S6244

Current Bill Status - On Floor Calendar

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
Mar 27, 2025	advanced to third reading
Mar 26, 2025	2nd report cal.
Mar 25, 2025	1st report cal.597
Mar 07, 2025	referred to judiciary

Votes

- Mar 25, 2025 - Judiciary Committee Vote
  S6244
  
  18
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Judiciary Committee Vote: Mar 25, 2025
      
      aye (18)
      
      Bailey
      
      Canzoneri-Fitzpatrick
      
      Cooney
      
      Gounardes
      
      Hoylman-Sigal
      
      Lanza
      
      Liu
      
      Martins
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Palumbo
      
      Parker
      
      Ramos
      
      Rhoads
      
      Ryan
      
      Skoufis
      
      Stavisky
      
      excused (1)
      
      Sepúlveda

co-Sponsors

View additional co-sponsors

2025-S6244 (ACTIVE) - Details

See Assembly Version of this Bill:: A6721
Law Section:: Executive Law
Laws Affected:: Add §837-y, Exec L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A8440
2021-2022: A10179
2023-2024: S6709, A1310

2025-S6244 (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.

2025-S6244 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6244

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the executive law, in relation to providing confiden-
tiality for communications arising out of law enforcement peer support
counseling

 
PURPOSE:

To establish a formal peer-to-peer mental health support program for
police personnel.

 
SUMMARY OF PROVISIONS:

Section 1: contains the short title of this act.

Section 2: Amends the executive law by adding new section 837-y which
directs the Division of Criminal Justice Services to establish a police
peer-to-peer mental health program and defines "Law enforcement agency",
"Police officer", "Police support communication", "Peer support coun-

seling session", "Peer support participant", and "Peer support special-
ist".

Section 3: Sets the effective date.

 
JUSTIFICATION:

This bill would establish a formal program designating certain law
enforcement officers to receive training and provide peer-to-peer coun-
seling to other officers. The goal of this legislation is to better
maintain the mental health of law enforcement officers, so that they may
better serve our citizens.

The overwhelming trauma and grief commonly experienced in the aftermath
of imminent danger, violence and death associated with emergency
response and disaster relief operations is well established. When those
daunting experiences are not processed and addressed, they become
exacerbated and disrupt all areas of life.

Peer counseling by a trained fellow officer would allow for an expe-
ditious and proximate resource for law enforcement to receive assistance
when they are struggling with, or overwhelmed by, trauma and grief.

While the bill provides confidentiality consistent with other types of
mental health services in New York, it expressly limits the confiden-
tiality to those officers trained and designated as peer counselors. It
also specifies circumstances where confidentiality would not apply, such
as a court order or subpoena, information regarding involvement in crim-
inal activity, thoughts of harming self or others, suicide or the abuse
or neglect of a child, elderly or vulnerable individual.

This legislation strikes a fair balance between the need for expanded
confidential mental health services for law enforcement, while ensuring
the waiver of that confidentiality in situations that have the potential
to threaten the safety of the officer or others.


This bill is modeled after the successful federal COPS Counseling Act,
which passed with bipartisan support in 2021. The federal act provides
confidential peer support services to federal law enforcement officers.
Additionally, several states including Oregon, Massachusetts, Nevada,
Kentucky, and Ohio have passed similar legislation for their police
officers.

When our officers are healthy and receiving the resources they need and
deserve, our communities are safer.

This legislation is in memory of Lt. Joseph Banish, a State Trooper who
died by suicide. The Banish family has honored his memory by advocating
for programs, such as this, that help officers deal with mental health
issues.

 
FISCAL IMPLICATIONS:

None.

 
LEGISLATIVE HISTORY:

Senate

2021: S1945, Referred to Judiciary

2022: S1945, Referred to Judiciary

2023: S6709B, Passed senate'

2024: S6709B, Passed senate

Assembly

2021: A10179, Referred to Judiciary

2022: A10179, Referred to Judiciary

2023: A1310C, Referred to Judiciary

2024: A131OC, Referred to Judiciary

 
EFFECTIVE DATE:
This act shall take effect 90th 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.

2025-S6244 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6244
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               March 7, 2025
                                ___________
 
 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 executive law, in relation  to  providing  confiden-
   tiality 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  executive  law is amended by adding a new section 837-y to
 read as follows:
   § 837-Y. LAW ENFORCEMENT PEER SUPPORT PROGRAM.  1.    DEFINITIONS.  AS
 USED  IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
 INGS:
   (A) "LAW ENFORCEMENT AGENCY" MEANS ANY DEPARTMENT,  DIVISION,  AGENCY,
 BOARD,  COMMISSION,  OR PUBLIC AUTHORITY OF THE STATE OR ANY SUBDIVISION
 THEREOF THAT EMPLOYS POLICE OFFICERS.
   (B) "POLICE OFFICER" MEANS A POLICE OFFICER AS DEFINED IN SECTION 1.20
 OF THE CRIMINAL PROCEDURE LAW.
   (C) "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
   (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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06860-03-5

 S. 6244                             2
 
   (C) A SUPERVISOR OF THE PEER SUPPORT SPECIALIST.
   (D)  "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.
   (E)  "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.
   (F)  "PEER  SUPPORT  PARTICIPANT"  MEANS A POLICE OFFICER WHO RECEIVES
 COUNSELING SERVICES FROM A PEER SUPPORT SPECIALIST.
   (G) "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.
   2. CONFIDENTIALITY. EXCEPT AS PROVIDED IN SUBDIVISION  THREE  OF  THIS
 SECTION, A PEER SUPPORT SPECIALIST OR PEER SUPPORT PARTICIPANT SHALL NOT
 DISCLOSE  THE  CONTENTS OF A PEER SUPPORT COMMUNICATION TO AN INDIVIDUAL
 WHO WAS NOT A PARTY TO SUCH PEER SUPPORT COMMUNICATION.
   3. EXCEPTIONS. SUBDIVISION TWO OF THIS SECTION SHALL NOT  APPLY  TO  A
 PEER SUPPORT COMMUNICATION IF:
   (A) 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;
   (B) 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;
   (C) A COURT OF COMPETENT JURISDICTION  ISSUES  AN  ORDER  OR  SUBPOENA
 REQUIRING THE DISCLOSURE OF THE PEER SUPPORT COMMUNICATION;
   (D)  THE  PEER  SUPPORT  COMMUNICATION  CONTAINS  INFORMATION  THAT IS
 REQUIRED BY LAW TO BE DISCLOSED;
   (E) SUCH COMMUNICATION IS AN OBSERVATION MADE BY A POLICE OFFICER OF A
 PEER SUPPORT PARTICIPANT OUTSIDE OF A PEER SUPPORT  COUNSELING  SESSION;
 OR
 S. 6244                             3
 
   (F)  SUCH COMMUNICATION IS A DISCLOSURE OF KNOWLEDGE OF A POLICE OFFI-
 CER ABOUT A PEER SUPPORT PARTICIPANT NOT  GAINED  FROM  A  PEER  SUPPORT
 COMMUNICATION.
   4. DISCLOSURE. 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  TWO  OF  THIS  SECTION  AND  THE  EXCEPTIONS TO THAT
 REQUIREMENT UNDER SUBDIVISION THREE OF THIS SECTION.
   5. RULES AND REGULATIONS.   THE DIVISION 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  REQUIRE-
 MENTS.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.    Effective  immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 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 S6244

Sponsored By

Current Bill Status - On Floor Calendar

Mar 25, 2025 - Judiciary Committee Vote

Judiciary Committee Vote: Mar 25, 2025

co-Sponsors

2025-S6244 (ACTIVE) - Details

2025-S6244 (ACTIVE) - Summary

2025-S6244 (ACTIVE) - Sponsor Memo

2025-S6244 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6244

Share this bill

Sponsored By

James Skoufis

Current Bill Status - On Floor Calendar

co-Sponsors

Jacob Ashby

George M. Borrello

Patricia Canzoneri-Fitzpatrick

Dean Murray

2025-S6244 (ACTIVE) - Details

2025-S6244 (ACTIVE) - Summary

2025-S6244 (ACTIVE) - Sponsor Memo

2025-S6244 (ACTIVE) - Bill Text download pdf

Comments