House File 2751 H-8276 Amend House File 2751 as follows: 1 1. Page 1, before line 1 by inserting: 2 < Section 1. Section 80F.1, Code 2026, is amended by adding 3 the following new subsection: 4 NEW SUBSECTION . 2A. This section shall not be construed to 5 require the disclosure, use, or consideration of a confidential 6 communication protected under chapter 622C in any informal 7 inquiry, formal administrative investigation, disciplinary 8 proceeding, or Brady-Giglio determination. 9 Sec. ___. Section 622.10, subsection 9, paragraph a, Code 10 2026, is amended to read as follows: 11 a. A peer support group counselor or individual present 12 for a individual or group crisis intervention who obtains 13 information from an officer or a civilian employee of a law 14 enforcement agency , emergency management agency, emergency 15 medical services agency, or fire department by reason of the 16 counselor’s capacity as a peer support group counselor or 17 an individual’s presence for a individual or group crisis 18 intervention shall not be allowed , in giving testimony, to 19 disclose any confidential communication properly entrusted 20 to the counselor or individual present for a group crisis 21 intervention by the officer or civilian employee while 22 receiving counseling or group crisis intervention pursuant to 23 chapter 622C except as provided pursuant to section 622C.2, 24 subsection 3 . 25 Sec. ___. NEW SECTION . 622C.1 Definitions. 26 As used in this chapter, unless the context otherwise 27 requires: 28 1. “Civilian employee” means an employee of a law 29 enforcement agency, emergency management agency, emergency 30 medical services agency, or fire department who is not an 31 officer. 32 2. “Confidential communication” means any oral, written, or 33 recorded communication made by an officer or civilian employee 34 to a peer support counselor while receiving peer support 35 -1- HF 2751.3710 (2) 91 as/js 1/ 4 #1.

services or crisis intervention, whether the communication is 1 made individually or in a group setting. 2 3. “Officer” means a certified law enforcement officer, 3 fire fighter, fire marshal, emergency medical technician, 4 paramedic, medical provider, corrections officer, detention 5 officer, jailer, probation or parole officer, public safety 6 telecommunicator, dispatcher, emergency management coordinator 7 under chapter 29C, or any other public safety employee 8 certified by the Iowa law enforcement academy or state fire 9 marshal and employed by a city, county, or state agency. 10 4. “Peer support counselor” means a law enforcement officer, 11 fire fighter, emergency medical services provider, public 12 safety telecommunicator, dispatcher, civilian employee of a law 13 enforcement or fire department, or a nonemployee counselor who 14 has been designated as a peer support counselor by a sheriff, 15 police chief, fire chief, emergency medical services director, 16 or department head of a public safety agency, and who has 17 received training to provide emotional and moral support, 18 counseling, or crisis intervention to officers and civilian 19 employees affected by stress or trauma arising from official 20 duties. 21 Sec. ___. NEW SECTION . 622C.2 Confidential peer support 22 communications —— exceptions. 23 1. Except as provided in subsection 3, a peer support 24 counselor or individual who is present for a confidential 25 communication from an officer or civilian employee during 26 a peer support or crisis intervention session shall not be 27 permitted to testify or otherwise disclose any confidential 28 communication properly entrusted to the peer support counselor 29 or individual, or made in the peer support counselor’s or 30 individual’s presence by an officer or civilian employee 31 receiving peer support services. 32 2. Except as provided in subsection 3, a confidential 33 communication obtained by a peer support counselor during 34 the provision of peer support services or by an individual 35 -2- HF 2751.3710 (2) 91 as/js 2/ 4

present for a confidential communication shall not be used 1 or introduced in any formal administrative investigation, 2 disciplinary proceeding, or Brady-Giglio disclosure or 3 proceeding. 4 3. A peer support counselor or an individual present for a 5 confidential communication may testify or otherwise disclose a 6 confidential communication if the confidential communication 7 includes any of the following: 8 a. A plan for the commission of a crime or information 9 related to the commission of a crime by the officer or civilian 10 employee. 11 b. An explicit threat of harm to the officer, civilian 12 employee, or to another person. 13 c. Information for which disclosure is otherwise required by 14 law, including but not limited to mandatory reporting of child 15 abuse or dependent adult abuse. 16 Sec. ___. NEW SECTION . 622C.3 Construction. 17 1. This chapter shall not be construed to limit an 18 employer’s authority to direct an employee to an employee 19 assistance program or to require a fitness-for-duty evaluation. 20 2. This chapter shall be construed liberally to promote 21 candid and confidential communications during peer support 22 services for public safety professionals. > 23 2. Title page, line 1, after < to > by inserting < certain 24 public safety personnel, including confidentiality of peer 25 support communications for public safety officers and civilian 26 employees, and > 27 3. By renumbering as necessary. 28 ______________________________ GJERDE of Linn -3- HF 2751.3710 (2) 91 as/js 3/ 4 #2. #3.