Enacts the "Lieutenant Joseph Banish mental health act" to provide a testimonial privilege for communications arising out of law enforcement peer support counseling.
STATE OF NEW YORK
________________________________________________________________________
6709--B
2023-2024 Regular Sessions
IN SENATE
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:
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 civil practice law and rules is amended by adding a new
4 section 4508-a to read as follows:
5 § 4508-a. Law enforcement peer support specialist. (a) Definitions. As
6 used in this section the following terms shall have the following mean-
7 ings:
8 1. "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 2. "Police officer" means a police officer as defined in section 1.20
12 of the criminal procedure law.
13 3. "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;
18 (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
1 (iv) with respect to a communication made by a peer support partic-
2 ipant in the course of a peer support counseling session, another commu-
3 nication, regarding the first communication, that is made between a peer
4 support specialist and:
5 (A) another peer support specialist;
6 (B) a staff member of a peer support counseling program; or
7 (C) a supervisor of the peer support specialist.
8 4. "Peer support counseling program" means a program provided by a law
9 enforcement agency that provides counseling services from a peer support
10 specialist to a police officer of the law enforcement agency.
11 5. "Peer support counseling session" means any counseling formally
12 provided through a peer support counseling program between a peer
13 support specialist and one or more police officers.
14 6. "Peer support participant" means a police officer who receives
15 counseling services from a peer support specialist.
16 7. "Peer support specialist" means a police officer who:
17 (i) has received training in:
18 (A) peer support counseling; and
19 (B) providing emotional and moral support to police officers who have
20 been involved in or exposed to an emotionally traumatic experience in
21 the course of employment; and
22 (ii) is designated by a law enforcement agency to provide the services
23 described in subparagraph (i) of this paragraph.
24 (b) Confidential information privileged. Except as provided in subdi-
25 vision (c) of this section, a peer support specialist or peer support
26 participant shall not disclose the contents of a peer support communi-
27 cation to an individual who was not a party to such peer support commu-
28 nication.
29 (c) Exceptions; peer support communication. Subdivision (b) of this
30 section shall not apply to a peer support communication if:
31 1. the peer support communication contains:
32 (i) an explicit threat of suicide by an individual in which the indi-
33 vidual:
34 (A) shares:
35 (I) an intent to die by suicide; and
36 (II) a plan for a suicide attempt or the means by which the individual
37 plans to carry out a suicide attempt; and
38 (B) does not solely share that the individual is experiencing suicidal
39 thoughts;
40 (ii) an explicit threat by an individual of imminent and serious phys-
41 ical bodily harm or death to another individual;
42 (iii) information:
43 (A) relating to the abuse or neglect of:
44 (I) a child; or
45 (II) an older or vulnerable individual; or
46 (B) that is required by law to be reported; or
47 (iv) an admission of criminal conduct;
48 2. the disclosure is permitted by each peer support participant who
49 was a party to, as applicable:
50 (i) the peer support communication;
51 (ii) the peer support counseling session out of which the peer support
52 communication arose;
53 (iii) the peer support counseling session of which the peer support
54 communication is a record; and
55 (iv) the communication made in the course of a peer support counseling
56 session that the peer support communication is regarding;
S. 6709--B 3
1 3. a court of competent jurisdiction issues an order or subpoena
2 requiring the disclosure of the peer support communication; or
3 4. the peer support communication contains information that is
4 required by law to be disclosed.
5 (d) Exceptions; other. Subdivision (b) of this section shall not
6 prohibit the disclosure of:
7 1. an observation made by a police officer of a peer support partic-
8 ipant outside of a peer support counseling session; or
9 2. knowledge of a police officer about a peer support participant not
10 gained from a peer support communication.
11 (e) Disclosures. Before the initial peer support counseling session of
12 a peer support participant, a peer support specialist shall inform the
13 peer support participant in writing of the confidentiality requirement
14 under subdivision (b) of this section and the exceptions to that
15 requirement under subdivisions (c) and (d) of this section.
16 (f) Rules and regulations. The division of criminal justice services
17 shall promulgate rules and regulations necessary to effectuate this
18 section and shall be empowered to identify minimum certifications
19 required of trained members, approved training courses, record keeping
20 requirements, and retraining requirements.
21 § 3. This act shall take effect on the one hundred eightieth day after
22 it shall have become a law. Effective immediately, the addition, amend-
23 ment and/or repeal of any rule or regulation necessary for the implemen-
24 tation of this act on its effective date are authorized to be made and
25 completed on or before such effective date.
