H.F. _____ 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, Code 2026, is amended 8 by striking the subsection and inserting in lieu thereof the 9 following: 10 9. A peer support group counselor who is present for a 11 confidential communication from an officer during a peer 12 support or crisis intervention session shall not be permitted 13 to testify or disclose any confidential communication properly 14 entrusted to the peer support counselor or made in the 15 counselor’s presence by an officer receiving peer support 16 services pursuant to chapter 622C except as provided pursuant 17 to section 622C.2, subsection 3. 18 Sec. 3. NEW SECTION . 622C.1 Definitions. 19 As used in this chapter, unless the context otherwise 20 requires: 21 1. “Confidential communication” means any oral, written, or 22 recorded communication made by an officer to a peer support 23 group counselor while receiving peer support services or crisis 24 intervention, whether the communication is made individually 25 or in a group setting. 26 2. “Officer” means a certified law enforcement officer, 27 fire fighter, fire marshal, emergency medical technician, 28 paramedic, medical provider, corrections officer, detention 29 officer, jailer, probation or parole officer, public safety 30 telecommunicator, dispatcher, emergency management coordinator 31 under chapter 29C, or any other public safety employee 32 certified by the Iowa law enforcement academy or state fire 33 marshal and employed by a city, county, or state agency. 34 3. “Peer support group counselor” means a law enforcement 35 -1- LSB 5811YC (2) 91 lh/jh 1/ 4

H.F. _____ officer, fire fighter, emergency medical services provider, 1 public safety telecommunicator, dispatcher, civilian employee 2 of a law enforcement or fire department, or a nonemployee 3 counselor who has been designated as a peer support group 4 counselor by a sheriff, police chief, fire chief, emergency 5 medical services director, or department head of a public 6 safety agency, and who has received training to provide 7 emotional and moral support, counseling, or crisis intervention 8 to officers and employees affected by stress or trauma arising 9 from official duties. 10 Sec. 4. NEW SECTION . 622C.2 Confidential peer support 11 communications —— exceptions. 12 1. Except as provided in subsection 3, a peer support group 13 counselor who is present for a confidential communication 14 from an officer during a peer support or crisis intervention 15 session shall not be permitted to testify or otherwise disclose 16 any confidential communication properly entrusted to the peer 17 support counselor or made in the peer support counselor’s 18 presence by an officer receiving peer support services. 19 2. Except as provided in subsection 3, a confidential 20 communication obtained by a peer support group counselor 21 during the provision of peer support services shall not be 22 used or introduced in any formal administrative investigation, 23 disciplinary proceeding, or Brady-Giglio disclosure or 24 proceeding. 25 3. A peer support group counselor may testify or otherwise 26 disclose a confidential communication if the confidential 27 communication includes any of the following: 28 a. A plan for the commission of a crime or information 29 related to the commission of a crime by the officer. 30 b. An explicit threat of harm to the officer or to another 31 person. 32 c. Information for which disclosure is otherwise required by 33 law, including but not limited to mandatory reporting of child 34 abuse or dependent adult abuse. 35 -2- LSB 5811YC (2) 91 lh/jh 2/ 4

H.F. _____ Sec. 5. NEW SECTION . 622C.3 Construction. 1 1. This chapter shall not be construed to limit an 2 employer’s authority to direct an employee to an employee 3 assistance program or to require a fitness-for-duty evaluation. 4 2. This chapter shall be construed liberally to promote 5 candid and confidential communications during peer support 6 services for public safety professionals. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 This bill relates to the confidentiality of peer support 11 communications for public safety officers. 12 The bill amends Code section 80F.1 (peace officer, public 13 safety, and emergency personnel bill of rights) by providing 14 that the peace officer, public safety, and emergency personnel 15 bill of rights does not require the disclosure, use, or 16 consideration of confidential peer support communications in 17 any informal inquiry, formal administrative investigation, 18 disciplinary proceeding, or Brady-Giglio determination. 19 The bill allows peer support group counselors to testify 20 or otherwise disclose a confidential communication that 21 includes a plan to commit a crime or information related to the 22 commission of a crime, a threat of harm to oneself or others, 23 or information required by law to be disclosed. 24 The bill strikes the current evidentiary privilege 25 applicable to peer support group counselors under Code section 26 622.10 (communications in professional confidence) and creates 27 new Code chapter 622C for the evidentiary privilege of peer 28 support communications. 29 The bill provides that, except as otherwise specified, 30 a peer support group counselor is not permitted to testify 31 or disclose confidential communications made by an officer 32 during peer support or crisis intervention sessions. The bill 33 further provides that confidential communications cannot be 34 used or introduced in any formal administrative investigation, 35 -3- LSB 5811YC (2) 91 lh/jh 3/ 4

H.F. _____ disciplinary proceeding, or Brady-Giglio disclosure or 1 proceeding, except as otherwise provided or as constitutionally 2 required. 3 The bill provides that new Code chapter 622C does not limit 4 an employer’s authority to direct an employee to an employee 5 assistance program or to require a fitness-for-duty evaluation, 6 and the chapter is construed to liberally promote candid and 7 confidential communications during peer support services for 8 public safety professionals. 9 -4- LSB 5811YC (2) 91 lh/jh 4/ 4