House Study Bill 67 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON PUBLIC SAFETY BILL BY CHAIRPERSON BAUDLER) A BILL FOR An Act relating to privileged communications between certain 1 peer support group counselors and officers. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1039YC (1) 85 rh/nh

H.F. _____ Section 1. Section 622.10, Code 2013, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 9. a. A peer support group counselor 3 who obtains information from an officer by reason of the 4 counselor’s capacity as a peer support group counselor 5 shall not be allowed, in giving testimony, to disclose any 6 confidential communication properly entrusted to the counselor 7 by the officer while receiving counseling. 8 b. The prohibition in this subsection does not apply where 9 the officer has consented to the disclosure of the information 10 specified in paragraph “a” . 11 c. For purposes of this subsection: 12 (1) “Officer” means a certified law enforcement officer, 13 fire fighter, emergency medical technician, corrections 14 officer, detention officer, jailer, probation or parole 15 officer, communications officer, or any other law enforcement 16 officer certified by the Iowa law enforcement academy and 17 employed by a municipality, county, or state agency. 18 (2) “Peer support group counselor” means either of the 19 following: 20 (a) A law enforcement officer, fire fighter, civilian 21 employee of a law enforcement agency, or civilian employee of a 22 fire department, who has received training to provide emotional 23 and moral support and counseling to an officer who needs those 24 services as a result of an incident in which the officer was 25 involved while acting in the officer’s official capacity. 26 (b) A nonemployee counselor who has been designated by the 27 commissioner of public safety to provide emotional and moral 28 support and counseling to an officer who needs those services 29 as a result of an incident in which the officer was involved 30 while acting in the officer’s official capacity. 31 EXPLANATION 32 This bill relates to privileged communications between 33 certain peer support group counselors and officers. 34 The bill provides that a peer support group counselor 35 -1- LSB 1039YC (1) 85 rh/nh 1/ 2

H.F. _____ who obtains information from an officer by reason of the 1 counselor’s capacity as a peer support group counselor 2 shall not be allowed, in giving testimony, to disclose any 3 confidential communications properly entrusted to the counselor 4 by the officer while receiving counseling. The bill creates an 5 exception in cases where the officer has given the officer’s 6 consent to the disclosure of such information. 7 The bill defines “officer” to mean a certified law 8 enforcement officer, fire fighter, emergency medical 9 technician, corrections officer, detention officer, jailer, 10 probation or parole officer, communications officer, or 11 any other law enforcement officer certified by the Iowa law 12 enforcement academy and employed by a municipality, county, or 13 state agency. 14 The bill defines a “peer support group counselor” as a 15 law enforcement officer, fire fighter, civilian employee of 16 a law enforcement agency, or civilian employee of a fire 17 department, who has received training to provide emotional and 18 moral support and counseling to an officer who needs those 19 services as a result of an incident in which the officer 20 was involved while acting in the officer’s official capacity 21 or a nonemployee counselor who has been designated by the 22 commissioner of public safety to provide such support and 23 counseling. 24 -2- LSB 1039YC (1) 85 rh/nh 2/ 2