Bill Text: NY A01310 | 2023-2024 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         1310--B

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 17, 2023
                                       ___________

        Introduced by M. of A. SILLITTI -- read once and referred to the Commit-
          tee  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

        AN ACT to amend the civil practice law and rules, in relation to provid-
          ing   a   testimonial   privilege   to   critical   incident    stress
          management/crisis response/peer support team members concerning commu-
          nications  made  during  critical  incident  stress  management/crisis
          response services

          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.  Critical  incident  stress management/crisis response/peer
     6  support team member. (a)  Definitions.  As  used  in  this  section  the
     7  following terms shall have the following meanings:
     8    1.  "Emergency  services  provider"  means  any  individual working or
     9  volunteering in the following service capacities; law enforcement, fire-
    10  fighting, emergency medical services, communications/dispatch  services,
    11  public safety, disaster/emergency managers and disaster responders.
    12    2.  "Critical incident stress management/crisis response services/peer
    13  support" means contact with a trained member of an  organized  emergency
    14  response  team  who  provides  intervention, support, consultation, risk
    15  assessment, referral and follow-up services.
    16    3. "A trained member" means an  individual  who  received  specialized
    17  training  in  critical  incident  stress management/crisis response/peer

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03381-07-4
        A. 1310--B                          2

     1  support and offers services as part of an organized  emergency  response
     2  team.
     3    4.  "Critical incident stress management/crisis response/peer support"
     4  means  a  comprehensive,  integrated,  strategic   and   multi-component
     5  approach  to  manage critical incident stress during and following inci-
     6  dents and/or for any issue that may impact work and family  life.  Crit-
     7  ical  incident  stress  management/crisis response/peer support services
     8  may include:
     9    (A) Pre-incident education and preparation;
    10    (B) Assessment;
    11    (C) Crisis intervention;
    12    (D) Strategic planning;
    13    (E) Large group interventions;
    14    (F) Small group interventions;
    15    (G) One-on-one assistance;
    16    (H) Family critical incident stress management;
    17    (I) Organizational, community intervention, and consultation;
    18    (J) Pastoral crisis intervention; and
    19    (K) Follow-up and referral.
    20    (b) Confidential information privileged. A trained member who received
    21  specialized  training  in  critical  incident  stress  management/crisis
    22  response/peer  support  as  a  member of an organized emergency response
    23  team shall not be required to disclose oral  or  written  communication,
    24  notes,  records  or  reports  made by an individual while receiving such
    25  services or be required to  disclose  his/her  communications  with  the
    26  individual   in  need  of  critical  incident  stress  management/crisis
    27  response/peer support services except:
    28    1.  Where  the  individual  who  received  critical  incident   stress
    29  management/crisis  response  services/peer support gives express consent
    30  to the testimony;
    31    2. The communication reveals the contemplation of a crime or admission
    32  of criminal conduct;
    33    3. The individual represents harm to self or others; or
    34    4. The individual is suspected of child abuse or is at risk for  child
    35  abuse.
    36    (c)  Rules and regulations.  The division of criminal justice services
    37  shall promulgate rules and  regulations  necessary  to  effectuate  this
    38  section  and  shall  be  empowered  to  identify  minimum certifications
    39  required of trained members, approved training courses,  record  keeping
    40  requirements, and retraining requirements.
    41    § 3. This act shall take effect immediately.