Bill Text: NY A01310 | 2023-2024 | General Assembly | Amended
Bill Title: Enacts the "Lieutenant Joseph Banish mental health act" to provide a testimonial privilege for communications arising out of law enforcement peer support counseling.
Spectrum: Slight Partisan Bill (Democrat 11-6)
Status: (Introduced) 2024-05-30 - print number 1310c [A01310 Detail]
Download: New_York-2023-A01310-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1310--C 2023-2024 Regular Sessions IN ASSEMBLY January 17, 2023 ___________ Introduced by M. of A. SILLITTI, BERGER, STECK, THIELE, BRAUNSTEIN, LUCAS, DeSTEFANO, J. A. GIGLIO, ANGELINO, JEAN-PIERRE, GUNTHER, PHEF- FER AMATO, BUTTENSCHON -- read once and referred to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Judiciary in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Judi- ciary in accordance with Assembly Rule 3, sec. 2 -- 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; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03381-09-4A. 1310--C 2 1 (ii) a note or report arising out of a peer support counseling 2 session; 3 (iii) a record of a peer support counseling session; or 4 (iv) with respect to a communication made by a peer support partic- 5 ipant in the course of a peer support counseling session, another commu- 6 nication, regarding the first communication, that is made between a peer 7 support specialist and: 8 (A) another peer support specialist; 9 (B) a staff member of a peer support counseling program; or 10 (C) a supervisor of the peer support specialist. 11 4. "Peer support counseling program" means a program provided by a law 12 enforcement agency that provides counseling services from a peer support 13 specialist to a police officer of the law enforcement agency. 14 5. "Peer support counseling session" means any counseling formally 15 provided through a peer support counseling program between a peer 16 support specialist and one or more police officers. 17 6. "Peer support participant" means a police officer who receives 18 counseling services from a peer support specialist. 19 7. "Peer support specialist" means a police officer who: 20 (i) has received training in: 21 (A) peer support counseling; and 22 (B) providing emotional and moral support to police officers who have 23 been involved in or exposed to an emotionally traumatic experience in 24 the course of employment; and 25 (ii) is designated by a law enforcement agency to provide the services 26 described in subparagraph (i) of this paragraph. 27 (b) Confidential information privileged. Except as provided in subdi- 28 vision (c) of this section, a peer support specialist or peer support 29 participant shall not disclose the contents of a peer support communi- 30 cation to an individual who was not a party to such peer support commu- 31 nication. 32 (c) Exceptions; peer support communication. Subdivision (b) of this 33 section shall not apply to a peer support communication if: 34 1. the peer support communication contains: 35 (i) an explicit threat of suicide by an individual in which the indi- 36 vidual: 37 (A) shares: 38 (I) an intent to die by suicide; and 39 (II) a plan for a suicide attempt or the means by which the individual 40 plans to carry out a suicide attempt; and 41 (B) does not solely share that the individual is experiencing suicidal 42 thoughts; 43 (ii) an explicit threat by an individual of imminent and serious phys- 44 ical bodily harm or death to another individual; 45 (iii) information: 46 (A) relating to the abuse or neglect of: 47 (I) a child; or 48 (II) an older or vulnerable individual; or 49 (B) that is required by law to be reported; or 50 (iv) an admission of criminal conduct; 51 2. the disclosure is permitted by each peer support participant who 52 was a party to, as applicable: 53 (i) the peer support communication; 54 (ii) the peer support counseling session out of which the peer support 55 communication arose;A. 1310--C 3 1 (iii) the peer support counseling session of which the peer support 2 communication is a record; and 3 (iv) the communication made in the course of a peer support counseling 4 session that the peer support communication is regarding; 5 3. a court of competent jurisdiction issues an order or subpoena 6 requiring the disclosure of the peer support communication; or 7 4. the peer support communication contains information that is 8 required by law to be disclosed. 9 (d) Exceptions; other. Subdivision (b) of this section shall not 10 prohibit the disclosure of: 11 1. an observation made by a police officer of a peer support partic- 12 ipant outside of a peer support counseling session; or 13 2. knowledge of a police officer about a peer support participant not 14 gained from a peer support communication. 15 (e) Disclosures. Before the initial peer support counseling session of 16 a peer support participant, a peer support specialist shall inform the 17 peer support participant in writing of the confidentiality requirement 18 under subdivision (b) of this section and the exceptions to that 19 requirement under subdivisions (c) and (d) of this section. 20 (f) Rules and regulations. The division of criminal justice services 21 shall promulgate rules and regulations necessary to effectuate this 22 section and shall be empowered to identify minimum certifications 23 required of trained members, approved training courses, record keeping 24 requirements, and retraining requirements. 25 § 3. This act shall take effect on the one hundred eightieth day after 26 it shall have become a law. Effective immediately, the addition, amend- 27 ment and/or repeal of any rule or regulation necessary for the implemen- 28 tation of this act on its effective date are authorized to be made and 29 completed on or before such effective date.
