Bill Text: CA SB459 | 2025-2026 | Regular Session | Chaptered
Bill Title: Peace officers: confidential communications: exceptions: group peer support services.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Passed) 2025-10-07 - Chaptered by Secretary of State. Chapter 456, Statutes of 2025. [SB459 Detail]
Download: California-2025-SB459-Chaptered.html
Senate Bill
No. 459
CHAPTER 456
An act to amend Sections 8669.3 and 8669.4 of the Government Code, relating to peace officers.
[
Approved by
Governor
October 07, 2025.
Filed with
Secretary of State
October 07, 2025.
]
LEGISLATIVE COUNSEL'S DIGEST
SB 459, Grayson.
Peace officers: confidential communications: exceptions: group peer support services.
Existing law, the Law Enforcement Peer Support and Crisis Referral Services Program, authorizes a local or regional law enforcement agency to establish a peer support and crisis referral program to provide an agencywide network of peer representatives available to aid fellow employees on emotional or professional issues. Under existing law, a law enforcement personnel has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication, as defined, between the law enforcement personnel and a peer support team member while the peer support team member was providing peer support services, or a confidential communication made to a crisis hotline or crisis referral
service. Existing law authorizes a confidential communication to be disclosed under specified circumstances, including a criminal proceeding.
This bill would authorize disclosure of a confidential communication in a juvenile delinquency proceeding. The bill would additionally give a law enforcement personnel the right to refuse to disclose, and to prevent another from disclosing, a confidential communication between the law enforcement personnel and a peer support team member while the peer support team member was providing group peer support services, as defined, and a confidential communication between law enforcement personnel recipients of group peer support services while a peer support team member or mental health professional provides group peer support services to those recipients. The bill would expand the definition
of confidential communication to include the communication between law enforcement personnel recipients of group peer support services, as specified.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 8669.3 of the Government Code is amended to read:8669.3.
For purposes of this article, the following terms have the following meanings:(a) “Confidential communication” means any information, including, but not limited to, written or oral communication, transmitted between a law enforcement personnel, a peer support team member, or a crisis hotline or crisis referral service staff member while the peer support team member provides peer support services or the crisis hotline or crisis referral service staff member provides crisis services, or between law enforcement personnel recipients of group peer support services while a peer support team member or mental health professional provides group peer support services to those recipients, and in confidence by a means that,
as far as the law enforcement personnel is aware, does not disclose the information to third persons other than those who are present to further the interests of the law enforcement personnel in the delivery of peer support services, including group peer support services, or those to whom disclosures are reasonably necessary for the transmission of the information or an accomplishment of the purposes for which the peer support team member is providing services. “Confidential communication” does not include a communication in which the law enforcement personnel discloses the commission of a crime or a communication in which the law enforcement personnel’s intent to defraud or deceive an investigation into a critical incident is revealed.
(b) “Crisis referral services” include all public or private organizations that provide consultation
and treatment resources for personal problems, including mental health issues, chemical dependency, domestic violence, gambling, financial problems, and other personal crises. Neither crisis referral services nor crisis hotlines include services provided by an employee association, labor relations representative, or labor relations organization, or any entity owned or operated by an employee association, labor
relations representative, or labor relations organization.
(c) “Critical incident” means an event or situation that involves crisis, disaster, trauma, or emergency.
(d) “Critical incident stress” means the acute or cumulative psychological stress or trauma that law enforcement personnel may experience in providing emergency services in response to a critical incident. The stress or trauma is an unusually strong emotional, cognitive, behavioral, or physical reaction that may interfere with normal functioning and could lead to post-traumatic stress injuries, including, but not limited to, one or more of the following:
(1) Physical and emotional illness.
(2) Failure of usual coping mechanisms.
(3) Loss of interest in the job or normal life activities.
(4) Personality changes.
(5) Loss of ability to function.
(6) Psychological disruption of personal life, including their relationship with a spouse, child, or friend.
(e) “Group peer support services” means peer support services, as defined in subdivision (h), comprised of at least one peer support team member or mental health professional and more than one recipient of group peer support services.
(f) “Law enforcement agency” means a
local or regional department or agency, or any political subdivision thereof, that employs a peace officer, as defined in Section 830 of the Penal Code.
(g) “Law enforcement personnel” means an officer or employee of a local or regional law enforcement agency.
(h) “Peer support services” means authorized peer support services provided by a peer support team member to law enforcement personnel and their immediate families affected by a critical incident or the cumulative effect of witnessing multiple critical incidents. Peer support services assist those affected by a critical incident in coping with critical incident stress and mitigating reactions to critical incident stress. Peer support services may include one or more of the following:
(1) Precrisis education.
(2) Critical incident stress defusings.
(3) Critical incident stress debriefings.
(4) On-scene support services.
(5) One-on-one support services.
(6) Consultation.
(7) Referral services.
(8) Confidentiality obligations.
(9) The impact of toxic stress on health and well-being.
(10) Grief support.
(11) Substance abuse awareness and approaches.
(12) Active listening skills.
(i) “Peer support program” means a program administered by a law enforcement agency to deliver peer support services to law enforcement personnel.
(j) “Peer support team” means a law enforcement agency response team composed of peer support team members.
(k) “Peer support team member” means a law enforcement agency employee who has completed a peer support training course or courses pursuant to Section 8669.6. Agency selection criteria of peer support team members shall be incorporated into
agency policies.
SEC. 2.
Section 8669.4 of the Government Code is amended to read:8669.4.
(a) Except as provided in subdivision (b), a law enforcement personnel, whether or not a party to an action, has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication between the law enforcement personnel and a peer support team member made while the peer support team member was providing peer support services, including group peer support services, a confidential communication between law enforcement personnel recipients of group peer support services made while a peer support team member or mental health professional provides group peer support services to those recipients, or a confidential communication made to a crisis hotline or crisis referral service.(b) Notwithstanding subdivision (a), a confidential communication may be disclosed under the following circumstances:
(1) To refer a law enforcement personnel to receive crisis referral services by a peer support team
member.
(2) During a consultation between two peer support team members.
(3) If the peer support team member reasonably believes that disclosure is necessary to prevent death, substantial bodily harm, or commission of a crime.
(4) If the law enforcement personnel expressly agrees in writing that the confidential communication may be disclosed.
(5) In a criminal or juvenile delinquency proceeding.
(6) If otherwise required by law.
