HF 2637 (LSB 5811HV (2) 91)

HOUSE FILE 2637

BY  COMMITTEE ON PUBLIC SAFETY

(SUCCESSOR TO HSB 652)

A BILL FOR

An Act relating to the confidentiality of peer support communications for public safety officers and civilian employees.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 80F.1, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  2A.  This section shall not be construed to require the disclosure, use, or consideration of a confidential communication protected under chapter 622C in any informal inquiry, formal administrative investigation, disciplinary proceeding, or Brady-Giglio determination.
    Sec. 2.  Section 622.10, subsection 9, paragraph a, Code 2026, is amended to read as follows:
   a.  A peer support group counselor or individual present for a individual or group crisis intervention who obtains information from an officer or a civilian employee of a law enforcement agency, emergency management agency, emergency medical services agency, or fire department by reason of the counselor’s capacity as a peer support group counselor or an individual’s presence for a individual or group crisis intervention shall not be allowed, in giving testimony, to disclose any confidential communication properly entrusted to the counselor or individual present for a group crisis intervention by the officer or civilian employee while receiving counseling or group crisis intervention pursuant to chapter 622C except as provided pursuant to section 622C.2, subsection 3.
    Sec. 3.  NEW SECTION.  622C.1  Definitions.
   As used in this chapter, unless the context otherwise requires:
   1.  “Civilian employee” means an employee of a law enforcement agency, emergency management agency, emergency medical services agency, or fire department who is not an officer.
   2.  “Confidential communication” means any oral, written, or recorded communication made by an officer or civilian employee to a peer support counselor while receiving peer support services or crisis intervention, whether the communication is made individually or in a group setting.
   3.  “Officer” means a certified law enforcement officer, fire fighter, fire marshal, emergency medical technician, paramedic, medical provider, corrections officer, detention officer, jailer, probation or parole officer, public safety telecommunicator, dispatcher, emergency management coordinator under chapter 29C, or any other public safety employee certified by the Iowa law enforcement academy or state fire marshal and employed by a city, county, or state agency.
   4.  “Peer support counselor” means a law enforcement officer, fire fighter, emergency medical services provider, public safety telecommunicator, dispatcher, civilian employee of a law enforcement or fire department, or a nonemployee counselor who has been designated as a peer support counselor by a sheriff, police chief, fire chief, emergency medical services director, or department head of a public safety agency, and who has received training to provide emotional and moral support, counseling, or crisis intervention to officers and civilian employees affected by stress or trauma arising from official duties.
    Sec. 4.  NEW SECTION.  622C.2  Confidential peer support communications —— exceptions.
   1.  Except as provided in subsection 3, a peer support counselor or individual who is present for a confidential communication from an officer or civilian employee during a peer support or crisis intervention session shall not be permitted to testify or otherwise disclose any confidential communication properly entrusted to the peer support counselor or individual, or made in the peer support counselor’s or individual’s presence by an officer or civilian employee receiving peer support services.
   2.  Except as provided in subsection 3, a confidential communication obtained by a peer support counselor during the provision of peer support services or by an individual present for a confidential communication shall not be used or introduced in any formal administrative investigation, disciplinary proceeding, or Brady-Giglio disclosure or proceeding.
   3.  A peer support counselor or an individual present for a confidential communication may testify or otherwise disclose a confidential communication if the confidential communication includes any of the following:
   a.  A plan for the commission of a crime or information related to the commission of a crime by the officer or civilian employee.
   b.  An explicit threat of harm to the officer, civilian employee, or to another person.
   c.  Information for which disclosure is otherwise required by law, including but not limited to mandatory reporting of child abuse or dependent adult abuse.
    Sec. 5.  NEW SECTION.  622C.3  Construction.
   1.  This chapter shall not be construed to limit an employer’s authority to direct an employee to an employee assistance program or to require a fitness-for-duty evaluation.
   2.  This chapter shall be construed liberally to promote candid and confidential communications during peer support services for public safety professionals.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the confidentiality of peer support communications for public safety officers.
   The bill amends Code section 80F.1 (peace officer, public safety, and emergency personnel bill of rights) by providing that the peace officer, public safety, and emergency personnel bill of rights does not require the disclosure, use, or consideration of confidential peer support communications in any informal inquiry, formal administrative investigation, disciplinary proceeding, or Brady-Giglio determination.
   The bill amends the current evidentiary privilege applicable to peer support counselors and individuals present for individual or group crisis interventions under Code section 622.10 (communications in professional confidence) and creates new Code chapter 622C relating to the evidentiary privilege of peer support communications.
   The bill defines “civilian employee” as an employee of a law enforcement agency, emergency management agency, emergency medical services agency, or fire department who is not an officer. The bill also defines “confidential communication”, “officer”, and “peer support counselor”.
   The bill provides that, except as otherwise specified, a peer support counselor or an individual present for a confidential communication is not permitted to testify or disclose confidential communications made by an officer or a civilian employee during peer support or crisis intervention sessions. The bill further provides that confidential communications cannot be used or introduced in any formal administrative investigation, disciplinary proceeding, or Brady-Giglio disclosure or proceeding, except as otherwise provided or as constitutionally required.
   The bill allows peer support counselors or individuals present for a confidential communication to testify or otherwise disclose a confidential communication that includes a plan to commit a crime or information related to the commission of a crime, a threat of harm to oneself or others, or information required by law to be disclosed.
   The bill provides that new Code chapter 622C does not limit an employer’s authority to direct an employee to an employee assistance program or to require a fitness-for-duty evaluation, and the chapter is to be construed liberally to promote candid and confidential communications during peer support services for public safety professionals.