HF 2529 (LSB 5958HV (1) 88)

HOUSE FILE 2529

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HF 2333)

A BILL FOR

An Act relating to confidential communications between a peer support group counselor and specified individuals.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 622.10, subsection 9, paragraphs a and b, Code 2020, are amended to read as follows:
   a.  A peer support group counselor who obtains information from an officer or a civilian employee of a law enforcement agency or fire department by reason of the counselor’s capacity as a peer support group counselor shall not be allowed, in giving testimony, to disclose any confidential communication properly entrusted to the counselor by the officer or civilian employee while receiving counseling.
   b.  The prohibition in this subsection does not apply where the officer or civilian employee has consented to the disclosure of the information specified in paragraph “a” or where the peer support group counselor was an initial responding officer, a witness, or a party to the incident which prompted the delivery of peer support group counseling services to the officer or civilian employee.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Code section 622.10(9) provides that a peer support group counselor who obtains information from an officer by reason of the counselor’s capacity as a peer support group counselor shall not be allowed, in giving testimony, to disclose any confidential communications properly entrusted to the counselor by the officer while receiving counseling. Code section 622.10(9) also creates exceptions in cases where the officer has given the officer’s consent to the disclosure of such information and where the peer support group counselor was an initial responding officer, a witness, or a party to the incident which prompted the delivery of counseling services.
   This bill adds the confidential communications between a peer support group counselor and a civilian employee of a law enforcement agency or fire department to the provisions prohibiting disclosure of such communications and the exceptions to the prohibition.