HSB652: Public Safety Peer Support Communications

Provides enhanced confidentiality for communications between public safety officers and peer support group counselors. The bill prohibits the disclosure or use of confidential communications in administrative, disciplinary, or Brady-Giglio proceedings, except under specified exceptions such as plans to commit a crime, threats of harm, or legal mandatory reporting. The new chapter defines key terms, outlines the scope of privilege, and clarifies that employers retain authority to require employee assistance or fitness-for-duty evaluations. The legislation seeks to promote candid and confidential peer support services for public safety professionals.

Key Points & Impacts:

• Adds a new subsection to prohibit the use or disclosure of confidential peer support communications in informal or formal investigations, disciplinary proceedings, or Brady-Giglio determinations.

• Repeals and replaces current evidentiary privilege language in Section 622.10(9), specifying that peer support group counselors cannot testify or disclose confidential communications from officers except as allowed by new law.

• Creates new Code Chapter 622C, defining 'confidential communication,' 'officer,' and 'peer support group counselor.'

• Establishes a strong privilege for peer support group counselors, prohibiting testimony or disclosure of confidential communications except for crime plans, threats of harm, or mandatory legal disclosures.

• Prevents confidential peer support communications from being used or introduced in formal administrative investigations, disciplinary proceedings, or Brady-Giglio disclosures except as allowed.

• Specifies that the new confidentiality protections do not limit an employer's authority to require employee assistance program participation or fitness-for-duty evaluations.

• Mandates liberal construction of the chapter to encourage open and confidential peer support communications among public safety personnel.

• Focuses on law enforcement, firefighters, EMS personnel, corrections officers, and other public safety employees certified and employed by governmental agencies.