Senate File 2015 - Introduced SENATE FILE 2015 BY SODDERS and CHAPMAN 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 5418XS (3) 85 rh/nh

S.F. 2015 Section 1. NEW SECTION . 80.7A Peer support group counselor. 1 The commissioner may designate a peer support group 2 counselor as provided in section 622.10, subsection 9. 3 Sec. 2. Section 622.10, Code 2014, is amended by adding the 4 following new subsection: 5 NEW SUBSECTION . 9. a. A peer support group counselor 6 who obtains information from an officer by reason of the 7 counselor’s capacity as a peer support group counselor 8 shall not be allowed, in giving testimony, to disclose any 9 confidential communication properly entrusted to the counselor 10 by the officer while receiving counseling. 11 b. The prohibition in this subsection does not apply where 12 the officer has consented to the disclosure of the information 13 specified in paragraph “a” . 14 c. For purposes of this subsection: 15 (1) “Officer” means a peace officer, certified law 16 enforcement officer, fire fighter, emergency medical 17 technician, corrections officer, detention officer, jailer, 18 probation or parole officer, communications officer, or 19 any other law enforcement officer certified by the Iowa law 20 enforcement academy and employed by a municipality, county, or 21 state agency. 22 (2) “Peer support group counselor” means either of the 23 following: 24 (a) A law enforcement officer, fire fighter, civilian 25 employee of a law enforcement agency, or civilian employee of a 26 fire department, who has received training to provide emotional 27 and moral support and counseling to an officer who needs those 28 services as a result of an incident in which the officer was 29 involved while acting in the officer’s official capacity. 30 (b) A nonemployee counselor who has been designated by the 31 commissioner of public safety to provide emotional and moral 32 support and counseling to an officer who is a peace officer as 33 defined in section 80.7A who needs those services as a result 34 of an incident in which the officer was involved while acting 35 -1- LSB 5418XS (3) 85 rh/nh 1/ 2

S.F. 2015 in the officer’s official capacity. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill relates to certain public safety peer support 5 group counselors and privileged communications between such 6 counselors and officers. 7 The bill provides that a peer support group counselor 8 who obtains information from an officer by reason of the 9 counselor’s capacity as a peer support group counselor 10 shall not be allowed, in giving testimony, to disclose any 11 confidential communications properly entrusted to the counselor 12 by the officer while receiving counseling. The bill creates an 13 exception in cases where the officer has given the officer’s 14 consent to the disclosure of such information. 15 The bill defines “officer” to mean a peace officer, 16 certified law enforcement officer, fire fighter, emergency 17 medical technician, corrections officer, detention officer, 18 jailer, probation or parole officer, communications officer, 19 or any other law enforcement officer certified by the Iowa law 20 enforcement academy and employed by a municipality, county, or 21 state agency. 22 The bill defines a “peer support group counselor” as a 23 law enforcement officer, fire fighter, civilian employee of 24 a law enforcement agency, or civilian employee of a fire 25 department, who has received training to provide emotional and 26 moral support and counseling to an officer who needs those 27 services as a result of an incident in which the officer 28 was involved while acting in the officer’s official capacity 29 or a nonemployee counselor who has been designated by the 30 commissioner of public safety to provide such support and 31 counseling to a peace officer under the same circumstances. 32 The bill gives the commissioner the authority to designate a 33 peer support counselor. 34 -2- LSB 5418XS (3) 85 rh/nh 2/ 2