Senate File 2186 - Introduced SENATE FILE 2186 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 2015) 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 5418SV (2) 85 rh/nh

S.F. 2186 Section 1. NEW SECTION . 80.7A Peer support group counselor. 1 1. The commissioner, a local law enforcement agency, or any 2 other local agency may designate a peer support group counselor 3 as provided in section 622.10, subsection 9. 4 2. The designation shall occur prior to an incident in which 5 a peace officer was involved. A person designated as a peer 6 support group counselor shall not serve in that capacity if the 7 person was involved in the incident. 8 Sec. 2. Section 622.10, Code 2014, is amended by adding the 9 following new subsection: 10 NEW SUBSECTION . 9. a. A peer support group counselor 11 who obtains information from an officer by reason of the 12 counselor’s capacity as a peer support group counselor 13 shall not be allowed, in giving testimony, to disclose any 14 confidential communication properly entrusted to the counselor 15 by the officer while receiving counseling. 16 b. The prohibition in this subsection does not apply where 17 the officer has consented to the disclosure of the information 18 specified in paragraph “a” . 19 c. For purposes of this subsection: 20 (1) “Officer” means a peace officer, certified law 21 enforcement officer, fire fighter, emergency medical 22 technician, emergency manager, corrections officer, detention 23 officer, jailer, probation or parole officer, communications 24 officer, or any other law enforcement officer certified by the 25 Iowa law enforcement academy and employed by a municipality, 26 county, or state agency. 27 (2) “Peer support group counselor” means either of the 28 following: 29 (a) A law enforcement officer, fire fighter, emergency 30 manager, civilian employee of a law enforcement agency, or 31 civilian employee of a fire department, who has received 32 training to provide emotional and moral support and counseling 33 to an officer who needs those services as a result of an 34 incident in which the officer was involved while acting in the 35 -1- LSB 5418SV (2) 85 rh/nh 1/ 3

S.F. 2186 officer’s official capacity. 1 (b) A nonemployee counselor who has been designated by the 2 commissioner of public safety, a local law enforcement agency, 3 or any other local agency to provide emotional and moral 4 support and counseling to an officer who is a peace officer as 5 defined in section 80.7A who needs those services as a result 6 of an incident in which the officer was involved while acting 7 in the officer’s official capacity. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanation’s substance by the members of the general assembly. 11 This bill relates to certain public safety peer support 12 group counselors and privileged communications between such 13 counselors and officers. 14 The bill provides that a peer support group counselor 15 who obtains information from an officer by reason of the 16 counselor’s capacity as a peer support group counselor 17 shall not be allowed, in giving testimony, to disclose any 18 confidential communications properly entrusted to the counselor 19 by the officer while receiving counseling. The bill creates an 20 exception in cases where the officer has given the officer’s 21 consent to the disclosure of such information. 22 The bill defines “officer” to mean a peace officer, 23 certified law enforcement officer, fire fighter, emergency 24 medical technician, emergency manager, corrections officer, 25 detention officer, jailer, probation or parole officer, 26 communications officer, or any other law enforcement officer 27 certified by the Iowa law enforcement academy and employed by a 28 municipality, county, or state agency. 29 The bill defines a “peer support group counselor” as a law 30 enforcement officer, fire fighter, emergency manager, civilian 31 employee of a law enforcement agency, or civilian employee 32 of a fire department, who has received training to provide 33 emotional and moral support and counseling to an officer who 34 needs those services as a result of an incident in which the 35 -2- LSB 5418SV (2) 85 rh/nh 2/ 3

S.F. 2186 officer was involved while acting in the officer’s official 1 capacity or a nonemployee counselor who has been designated by 2 the commissioner of public safety to provide such support and 3 counseling to a peace officer under the same circumstances. 4 The bill gives the commissioner, a local law enforcement 5 agency, or any other local agency the authority to designate 6 a peer support group counselor. The designation shall occur 7 prior to an incident and a person designated as a peer support 8 group counselor shall not serve in that capacity if the person 9 was involved in the incident. 10 -3- LSB 5418SV (2) 85 rh/nh 3/ 3