STATE OF NEW YORK
________________________________________________________________________
9495
IN ASSEMBLY
January 7, 2026
___________
Introduced by M. of A. GRIFFIN -- read once and referred to the Commit-
tee 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:
1 Section 1. Section 837-z of the executive law, as added by a chapter
2 of the laws of 2025 amending the executive law relating to providing
3 confidentiality for communications arising out of law enforcement peer
4 support counseling, as proposed in legislative bills numbers S. 6244-A
5 and A. 6721-A, is amended to read as follows:
6 § 837-z. Law enforcement peer support program. 1. Definitions. As
7 used in this section the following terms shall have the following mean-
8 ings:
9 (a) "Law enforcement agency" means any department, division, agency,
10 board, commission, or public authority of the state or any subdivision
11 thereof that employs police officers.
12 (b) "Police officer" means a police officer as defined in section 1.20
13 of the criminal procedure law.
14 (c) "Peer support communication" includes:
15 (i) an oral or written communication made in the course of a peer
16 support counseling session;
17 (ii) a note or report arising out of a peer support counseling
18 session; or
19 (iii) a record of a peer support counseling session.
20 (d) "Peer support counseling program" means a program provided by a
21 law enforcement agency that provides counseling services from a peer
22 support specialist to a police officer of the law enforcement agency.
23 (e) "Peer support counseling session" means any counseling formally
24 provided through a peer support counseling program between a peer
25 support specialist and one or more police officers.
26 (f) "Peer support participant" means a police officer who receives
27 counseling services from a peer support specialist.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06860-06-6
A. 9495 2
1 (g) "Peer support specialist" means a police officer who:
2 (i) has received an approved training in peer support counseling,
3 including providing emotional and moral support to police officers who
4 have been involved in or exposed to an emotionally traumatic experience
5 in the course of employment; and
6 (ii) is designated by a law enforcement agency to provide the services
7 described in subparagraph (i) of this paragraph.
8 2. Confidentiality. Except as provided in subdivision three of this
9 section[,]:
10 (a) a peer support specialist [or peer support participant] shall not
11 disclose the contents of a peer support communication to an individual
12 who was not a party to such peer support communication[.]; and
13 (b) a peer support participant shall not disclose the contents of a
14 peer support communication to anyone employed by the same law enforce-
15 ment agency who was not originally a party to such peer support communi-
16 cation.
17 3. Exceptions. [(a)] A [peer support specialist or peer support
18 participant may disclose the contents of a] peer support communication
19 [that] shall not be confidential if:
20 (a) it contains or reveals[:
21 (i)] a specific threat of suicide, an expression of suicidal ideation,
22 [or] engagement in self-harm[;
23 (ii)], or a threat of bodily harm or death[; or
24 (iii) information relating to the abuse or neglect of a child],
25 provided disclosure of such communication shall only be permitted for
26 the purpose of preventing or mitigating such harm and is made to a
27 person or persons reasonably in a position to provide assistance in
28 preventing or mitigating such harm.
29 (b) [A peer support specialist or peer support participant shall
30 disclose the contents of a peer support communication:
31 (i) that is required by law to be reported;
32 (ii) that] it contains an admission of criminal conduct; or
33 [(iii) as ordered by a court of competent jurisdiction.
34 (c) A peer support participant may at any time give their consent to a
35 peer support specialist or peer support participant to disclose the
36 contents of their own peer support communication] (c) the peer support
37 participant has provided consent for disclosure, which may be provided
38 at any time, and the disclosure is consistent with such consent.
39 4. Disclosure. Nothing in this section shall be construed to prevent
40 or limit disclosure of the contents of a peer support communication
41 where such disclosure is otherwise required by law, including, but not
42 limited to:
43 (a) mandatory reporting of suspected child abuse or maltreatment, in
44 accordance with section four hundred thirteen of the social services
45 law; and
46 (b) mandatory filing under article sixty-three-a of the civil practice
47 law and rules relating to extreme risk protection orders; and
48 (c) as ordered by a court of competent jurisdiction.
49 5. Written notice. Before the initial peer support counseling session
50 of a peer support participant, a peer support specialist shall inform
51 the peer support participant in writing of the confidentiality require-
52 ment under subdivision two of this section and the exceptions to that
53 requirement under [subdivision] subdivisions three and four of this
54 section.
55 [5.] 6. Rules and regulations. The division shall identify and
56 approve training courses that meet the division's identified minimum
A. 9495 3
1 standards and may promulgate rules and regulations necessary to effectu-
2 ate this section [and shall be empowered to identify minimum certif-
3 ications required of trained members, approved training courses, record
4 keeping requirements, and retraining requirements].
5 § 2. This act shall take effect on the same date and in the same
6 manner as a chapter of the laws of 2025 amending the executive law
7 relating to providing confidentiality for communications arising out of
8 law enforcement peer support counseling, as proposed in legislative
9 bills numbers S. 6244-A and A. 6721-A, takes effect.
