Enacts the "Lieutenant Joseph Banish mental health act" which establishes a law enforcement peer support program to provide confidentiality for communications arising out of law enforcement peer support counseling; defines terms; provides exceptions for when a peer support communication may be disclosed.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6721A
SPONSOR: Griffin 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 directs the Division of Criminal Justice Services to establish
a police peer-to-peer mental health program.
Section 3 is 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 to is 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.
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:
A1310C/S6709B of 2023-24: Referred to Judiciary/ Passed Senate 60-0
A10179/S1945 of 2021/22: Referred to Judiciary/ 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.
STATE OF NEW YORK
________________________________________________________________________
6721--A
2025-2026 Regular Sessions
IN ASSEMBLY
March 11, 2025
___________
Introduced by M. of A. GRIFFIN, SOLAGES, STERN, BERGER, PHEFFER AMATO,
McDONALD, STECK, SCHIAVONI, KAY, McMAHON, BUTTENSCHON, BRAUNSTEIN,
O'PHARROW, SAYEGH, RAJKUMAR, ROZIC, CONRAD, SHIMSKY, LUNSFORD, RAMOS,
CLARK, KASSAY, YEGER, WILLIAMS, HEVESI, LAVINE, BARRETT, TAPIA, SIMON,
COLTON, HOOKS, WIEDER -- read once and referred to the Committee on
Judiciary -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
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:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "Lieutenant Joseph Banish mental health act".
3 § 2. The executive law is amended by adding a new section 837-z to
4 read as follows:
5 § 837-z. Law enforcement peer support program. 1. Definitions. As
6 used in this section the following terms shall have the following mean-
7 ings:
8 (a) "Law enforcement agency" means any department, division, agency,
9 board, commission, or public authority of the state or any subdivision
10 thereof that employs police officers.
11 (b) "Police officer" means a police officer as defined in section 1.20
12 of the criminal procedure law.
13 (c) "Peer support communication" includes:
14 (i) an oral or written communication made in the course of a peer
15 support counseling session;
16 (ii) a note or report arising out of a peer support counseling
17 session; or
18 (iii) a record of a peer support counseling session.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06860-04-5
A. 6721--A 2
1 (d) "Peer support counseling program" means a program provided by a
2 law enforcement agency that provides counseling services from a peer
3 support specialist to a police officer of the law enforcement agency.
4 (e) "Peer support counseling session" means any counseling formally
5 provided through a peer support counseling program between a peer
6 support specialist and one or more police officers.
7 (f) "Peer support participant" means a police officer who receives
8 counseling services from a peer support specialist.
9 (g) "Peer support specialist" means a police officer who:
10 (i) has received training in peer support counseling, including
11 providing emotional and moral support to police officers who have been
12 involved in or exposed to an emotionally traumatic experience in the
13 course of employment; and
14 (ii) is designated by a law enforcement agency to provide the services
15 described in subparagraph (i) of this paragraph.
16 2. Confidentiality. Except as provided in subdivision three of this
17 section, a peer support specialist or peer support participant shall not
18 disclose the contents of a peer support communication to an individual
19 who was not a party to such peer support communication.
20 3. Exceptions.
21 (a) A peer support specialist or peer support participant may disclose
22 the contents of a peer support communication that contains or reveals:
23 (i) a specific threat of suicide, an expression of suicidal ideation,
24 or engagement in self-harm;
25 (ii) a threat of bodily harm or death; or
26 (iii) information relating to the abuse or neglect of a child.
27 (b) A peer support specialist or peer support participant shall
28 disclose the contents of a peer support communication:
29 (i) that is required by law to be reported;
30 (ii) that contains an admission of criminal conduct; or
31 (iii) as ordered by a court of competent jurisdiction.
32 (c) A peer support participant may at any time give their consent to a
33 peer support specialist or peer support participant to disclose the
34 contents of their own peer support communication.
35 4. Written notice. Before the initial peer support counseling session
36 of a peer support participant, a peer support specialist shall inform
37 the peer support participant in writing of the confidentiality require-
38 ment under subdivision two of this section and the exceptions to that
39 requirement under subdivision three of this section.
40 5. Rules and regulations. The division shall promulgate rules and
41 regulations necessary to effectuate this section and shall be empowered
42 to identify minimum certifications required of trained members, approved
43 training courses, record keeping requirements, and retraining require-
44 ments.
45 § 3. This act shall take effect on the ninetieth day after it shall
46 have become a law. Effective immediately, the addition, amendment
47 and/or repeal of any rule or regulation necessary for the implementation
48 of this act on its effective date are authorized to be made and
49 completed on or before such effective date.
