H.F. 2637 Section 1. Section 80F.1, Code 2026, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 2A. This section shall not be construed to 3 require the disclosure, use, or consideration of a confidential 4 communication protected under chapter 622C in any informal 5 inquiry, formal administrative investigation, disciplinary 6 proceeding, or Brady-Giglio determination. 7 Sec. 2. Section 622.10, subsection 9, paragraph a, Code 8 2026, is amended to read as follows: 9 a. A peer support group counselor or individual present 10 for a individual or group crisis intervention who obtains 11 information from an officer or a civilian employee of a law 12 enforcement agency , emergency management agency, emergency 13 medical services agency, or fire department by reason of the 14 counselor’s capacity as a peer support group counselor or 15 an individual’s presence for a individual or group crisis 16 intervention shall not be allowed , in giving testimony, to 17 disclose any confidential communication properly entrusted 18 to the counselor or individual present for a group crisis 19 intervention by the officer or civilian employee while 20 receiving counseling or group crisis intervention pursuant to 21 chapter 622C except as provided pursuant to section 622C.2, 22 subsection 3 . 23 Sec. 3. NEW SECTION . 622C.1 Definitions. 24 As used in this chapter, unless the context otherwise 25 requires: 26 1. “Civilian employee” means an employee of a law 27 enforcement agency, emergency management agency, emergency 28 medical services agency, or fire department who is not an 29 officer. 30 2. “Confidential communication” means any oral, written, or 31 recorded communication made by an officer or civilian employee 32 to a peer support counselor while receiving peer support 33 services or crisis intervention, whether the communication is 34 made individually or in a group setting. 35 -1- LSB 5811HV (2) 91 lh/jh 1/ 4

H.F. 2637 3. “Officer” means a certified law enforcement officer, 1 fire fighter, fire marshal, emergency medical technician, 2 paramedic, medical provider, corrections officer, detention 3 officer, jailer, probation or parole officer, public safety 4 telecommunicator, dispatcher, emergency management coordinator 5 under chapter 29C, or any other public safety employee 6 certified by the Iowa law enforcement academy or state fire 7 marshal and employed by a city, county, or state agency. 8 4. “Peer support counselor” means a law enforcement officer, 9 fire fighter, emergency medical services provider, public 10 safety telecommunicator, dispatcher, civilian employee of a law 11 enforcement or fire department, or a nonemployee counselor who 12 has been designated as a peer support counselor by a sheriff, 13 police chief, fire chief, emergency medical services director, 14 or department head of a public safety agency, and who has 15 received training to provide emotional and moral support, 16 counseling, or crisis intervention to officers and civilian 17 employees affected by stress or trauma arising from official 18 duties. 19 Sec. 4. NEW SECTION . 622C.2 Confidential peer support 20 communications —— exceptions. 21 1. Except as provided in subsection 3, a peer support 22 counselor or individual who is present for a confidential 23 communication from an officer or civilian employee during 24 a peer support or crisis intervention session shall not be 25 permitted to testify or otherwise disclose any confidential 26 communication properly entrusted to the peer support counselor 27 or individual, or made in the peer support counselor’s or 28 individual’s presence by an officer or civilian employee 29 receiving peer support services. 30 2. Except as provided in subsection 3, a confidential 31 communication obtained by a peer support counselor during 32 the provision of peer support services or by an individual 33 present for a confidential communication shall not be used 34 or introduced in any formal administrative investigation, 35 -2- LSB 5811HV (2) 91 lh/jh 2/ 4

H.F. 2637 disciplinary proceeding, or Brady-Giglio disclosure or 1 proceeding. 2 3. A peer support counselor or an individual present for a 3 confidential communication may testify or otherwise disclose a 4 confidential communication if the confidential communication 5 includes any of the following: 6 a. A plan for the commission of a crime or information 7 related to the commission of a crime by the officer or civilian 8 employee. 9 b. An explicit threat of harm to the officer, civilian 10 employee, or to another person. 11 c. Information for which disclosure is otherwise required by 12 law, including but not limited to mandatory reporting of child 13 abuse or dependent adult abuse. 14 Sec. 5. NEW SECTION . 622C.3 Construction. 15 1. This chapter shall not be construed to limit an 16 employer’s authority to direct an employee to an employee 17 assistance program or to require a fitness-for-duty evaluation. 18 2. This chapter shall be construed liberally to promote 19 candid and confidential communications during peer support 20 services for public safety professionals. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 This bill relates to the confidentiality of peer support 25 communications for public safety officers. 26 The bill amends Code section 80F.1 (peace officer, public 27 safety, and emergency personnel bill of rights) by providing 28 that the peace officer, public safety, and emergency personnel 29 bill of rights does not require the disclosure, use, or 30 consideration of confidential peer support communications in 31 any informal inquiry, formal administrative investigation, 32 disciplinary proceeding, or Brady-Giglio determination. 33 The bill amends the current evidentiary privilege applicable 34 to peer support counselors and individuals present for 35 -3- LSB 5811HV (2) 91 lh/jh 3/ 4

H.F. 2637 individual or group crisis interventions under Code section 1 622.10 (communications in professional confidence) and creates 2 new Code chapter 622C relating to the evidentiary privilege of 3 peer support communications. 4 The bill defines “civilian employee” as an employee of a 5 law enforcement agency, emergency management agency, emergency 6 medical services agency, or fire department who is not an 7 officer. The bill also defines “confidential communication”, 8 “officer”, and “peer support counselor”. 9 The bill provides that, except as otherwise specified, 10 a peer support counselor or an individual present for a 11 confidential communication is not permitted to testify or 12 disclose confidential communications made by an officer or a 13 civilian employee during peer support or crisis intervention 14 sessions. The bill further provides that confidential 15 communications cannot be used or introduced in any formal 16 administrative investigation, disciplinary proceeding, or 17 Brady-Giglio disclosure or proceeding, except as otherwise 18 provided or as constitutionally required. 19 The bill allows peer support counselors or individuals 20 present for a confidential communication to testify or 21 otherwise disclose a confidential communication that includes 22 a plan to commit a crime or information related to the 23 commission of a crime, a threat of harm to oneself or others, 24 or information required by law to be disclosed. 25 The bill provides that new Code chapter 622C does not limit 26 an employer’s authority to direct an employee to an employee 27 assistance program or to require a fitness-for-duty evaluation, 28 and the chapter is to be construed liberally to promote candid 29 and confidential communications during peer support services 30 for public safety professionals. 31 -4- LSB 5811HV (2) 91 lh/jh 4/ 4