STATE OF NEW YORK
________________________________________________________________________
6721
2025-2026 Regular Sessions
IN ASSEMBLY
March 11, 2025
___________
Introduced by M. of A. GRIFFIN, STERN, BERGER -- read once and referred
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:
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-y to
4 read as follows:
5 § 837-y. 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;
18 (iii) a record of a peer support counseling session; or
19 (iv) with respect to a communication made by a peer support partic-
20 ipant in the course of a peer support counseling session, another commu-
21 nication, regarding the first communication, that is made between a peer
22 support specialist and:
23 (A) another peer support specialist;
24 (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
A. 6721 2
1 (C) a supervisor of the peer support specialist.
2 (d) "Peer support counseling program" means a program provided by a
3 law enforcement agency that provides counseling services from a peer
4 support specialist to a police officer of the law enforcement agency.
5 (e) "Peer support counseling session" means any counseling formally
6 provided through a peer support counseling program between a peer
7 support specialist and one or more police officers.
8 (f) "Peer support participant" means a police officer who receives
9 counseling services from a peer support specialist.
10 (g) "Peer support specialist" means a police officer who:
11 (i) has received training in:
12 (A) peer support counseling; and
13 (B) providing emotional and moral support to police officers who have
14 been involved in or exposed to an emotionally traumatic experience in
15 the course of employment; and
16 (ii) is designated by a law enforcement agency to provide the services
17 described in subparagraph (i) of this paragraph.
18 2. Confidentiality. Except as provided in subdivision three of this
19 section, a peer support specialist or peer support participant shall not
20 disclose the contents of a peer support communication to an individual
21 who was not a party to such peer support communication.
22 3. Exceptions. Subdivision two of this section shall not apply to a
23 peer support communication if:
24 (a) the peer support communication contains:
25 (i) an explicit threat of suicide by an individual in which the indi-
26 vidual:
27 (A) shares:
28 (I) an intent to die by suicide; and
29 (II) a plan for a suicide attempt or the means by which the individual
30 plans to carry out a suicide attempt; and
31 (B) does not solely share that the individual is experiencing suicidal
32 thoughts;
33 (ii) an explicit threat by an individual of imminent and serious phys-
34 ical bodily harm or death to another individual;
35 (iii) information:
36 (A) relating to the abuse or neglect of:
37 (I) a child; or
38 (II) an older or vulnerable individual; or
39 (B) that is required by law to be reported; or
40 (iv) an admission of criminal conduct;
41 (b) the disclosure is permitted by each peer support participant who
42 was a party to, as applicable:
43 (i) the peer support communication;
44 (ii) the peer support counseling session out of which the peer support
45 communication arose;
46 (iii) the peer support counseling session of which the peer support
47 communication is a record; and
48 (iv) the communication made in the course of a peer support counseling
49 session that the peer support communication is regarding;
50 (c) a court of competent jurisdiction issues an order or subpoena
51 requiring the disclosure of the peer support communication;
52 (d) the peer support communication contains information that is
53 required by law to be disclosed;
54 (e) such communication is an observation made by a police officer of a
55 peer support participant outside of a peer support counseling session;
56 or
A. 6721 3
1 (f) such communication is a disclosure of knowledge of a police offi-
2 cer about a peer support participant not gained from a peer support
3 communication.
4 4. Disclosure. Before the initial peer support counseling session of a
5 peer support participant, a peer support specialist shall inform the
6 peer support participant in writing of the confidentiality requirement
7 under subdivision two of this section and the exceptions to that
8 requirement under subdivision three of this section.
9 5. Rules and regulations. The division shall promulgate rules and
10 regulations necessary to effectuate this section and shall be empowered
11 to identify minimum certifications required of trained members, approved
12 training courses, record keeping requirements, and retraining require-
13 ments.
14 § 3. This act shall take effect on the ninetieth day after it shall
15 have become a law. Effective immediately, the addition, amendment
16 and/or repeal of any rule or regulation necessary for the implementation
17 of this act on its effective date are authorized to be made and
18 completed on or before such effective date.
