HSB 67 (LSB 1039YC (1) 85)

HOUSE FILE _____

BY  (PROPOSED COMMITTEE ON PUBLIC SAFETY BILL BY CHAIRPERSON BAUDLER)

A BILL FOR

An Act relating to privileged communications between certain peer support group counselors and officers.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 622.10, Code 2013, is amended by adding the following new subsection:
   NEW SUBSECTION.  9.
  a.  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 communication properly entrusted to the counselor by the officer while receiving counseling.
   b.  The prohibition in this subsection does not apply where the officer has consented to the disclosure of the information specified in paragraph “a”.
   c.  For purposes of this subsection:
   (1)  “Officer” means a certified law enforcement officer, fire fighter, emergency medical technician, corrections officer, detention officer, jailer, probation or parole officer, communications officer, or any other law enforcement officer certified by the Iowa law enforcement academy and employed by a municipality, county, or state agency.
   (2)  “Peer support group counselor” means either of the following:
   (a)  A law enforcement officer, fire fighter, civilian employee of a law enforcement agency, or civilian employee of a fire department, who has received training to provide emotional and moral support and counseling to an officer who needs those services as a result of an incident in which the officer was involved while acting in the officer’s official capacity.
   (b)  A nonemployee counselor who has been designated by the commissioner of public safety to provide emotional and moral support and counseling to an officer who needs those services as a result of an incident in which the officer was involved while acting in the officer’s official capacity.
EXPLANATION
   This bill relates to privileged communications between certain peer support group counselors and officers.
   The bill 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. The bill creates an exception in cases where the officer has given the officer’s consent to the disclosure of such information.
   The bill defines “officer” to mean a certified law enforcement officer, fire fighter, emergency medical technician, corrections officer, detention officer, jailer, probation or parole officer, communications officer, or any other law enforcement officer certified by the Iowa law enforcement academy and employed by a municipality, county, or state agency.
   The bill defines a “peer support group counselor” as a law enforcement officer, fire fighter, civilian employee of a law enforcement agency, or civilian employee of a fire department, who has received training to provide emotional and moral support and counseling to an officer who needs those services as a result of an incident in which the officer was involved while acting in the officer’s official capacity or a nonemployee counselor who has been designated by the commissioner of public safety to provide such support and counseling.