Senate File 267 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON JUDICIARY

                                 (SUCCESSOR TO SSB
                                     1163)

                                      A BILL FOR

  1 An Act relating to privileged communications between certain
  2    peer support group counselors and officers.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1711SV (2) 86
    jh/nh

PAG LIN



  1  1    Section 1.  Section 622.10, Code 2015, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  9.  a.  A peer support group counselor
  1  4 who obtains information from an officer by reason of the
  1  5 counselor's capacity as a peer support group counselor
  1  6 shall not be allowed, in giving testimony, to disclose any
  1  7 confidential communication properly entrusted to the counselor
  1  8 by the officer while receiving counseling.
  1  9    b.  The prohibition in this subsection does not apply where
  1 10 the officer has consented to the disclosure of the information
  1 11 specified in paragraph "a" or where the peer support group
  1 12 counselor was an initial responding officer, a witness, or
  1 13 a party to the incident which prompted the delivery of peer
  1 14 support group counseling services to the officer.
  1 15    c.  For purposes of this subsection:
  1 16    (1)  "Officer" means a certified law enforcement officer,
  1 17 fire fighter, emergency medical technician, paramedic,
  1 18 corrections officer, detention officer, jailer, probation or
  1 19 parole officer, communications officer, dispatcher, emergency
  1 20 management coordinator under chapter 29C, or any other law
  1 21 enforcement officer certified by the Iowa law enforcement
  1 22 academy and employed by a city, county, or state agency.
  1 23    (2)  "Peer support group counselor" means a law enforcement
  1 24 officer, fire fighter, civilian employee of a law enforcement
  1 25 agency or fire department, or a nonemployee counselor who
  1 26 has been designated as a peer support group counselor by a
  1 27 sheriff, police chief, fire chief, or department head of a
  1 28 law enforcement agency, fire department, or emergency medical
  1 29 services agency and who has received training to provide
  1 30 emotional and moral support and counseling to an officer who
  1 31 needs those services as a result of an incident in which the
  1 32 officer was involved while acting in the officer's official
  1 33 capacity.
  1 34                           EXPLANATION
  1 35 The inclusion of this explanation does not constitute agreement with
  2  1 the explanation's substance by the members of the general assembly.
  2  2    This bill relates to privileged communications between
  2  3 certain peer support group counselors and officers.
  2  4    The bill provides that a peer support group counselor
  2  5 who obtains information from an officer by reason of the
  2  6 counselor's capacity as a peer support group counselor
  2  7 shall not be allowed, in giving testimony, to disclose any
  2  8 confidential communications properly entrusted to the counselor
  2  9 by the officer while receiving counseling. The bill creates
  2 10 exceptions in cases where the officer has given the officer's
  2 11 consent to the disclosure of such information and where the
  2 12 peer support group counselor was an initial responding officer,
  2 13 a witness, or a party to the incident which prompted the
  2 14 delivery of counseling services.
  2 15    The bill defines "officer" as a certified law enforcement
  2 16 officer, fire fighter, emergency medical technician, paramedic,
  2 17 corrections officer, detention officer, jailer, probation or
  2 18 parole officer, communications officer, dispatcher, emergency
  2 19 management coordinator under Code chapter 29C, or any other
  2 20 law enforcement officer certified by the Iowa law enforcement
  2 21 academy and employed by a city, county, or state agency.
  2 22    The bill defines "peer support group counselor" as a law
  2 23 enforcement officer, fire fighter, civilian employee of a
  2 24 law enforcement agency or fire department, or a nonemployee
  2 25 counselor who has been designated as a peer support group
  2 26 counselor by a sheriff, police chief, fire chief, or department
  2 27 head of a law enforcement agency, fire department, or emergency
  2 28 medical services agency and who has received training to
  2 29 provide emotional and moral support and counseling to an
  2 30 officer who needs those services as a result of an incident in
  2 31 which the officer was involved while acting in the officer's
  2 32 official capacity.
       LSB 1711SV (2) 86
       jh/nh