HSB 652 (LSB 5811YC (2) 91)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON PUBLIC SAFETY BILL BY CHAIRPERSON VONDRAN)

A BILL FOR

An Act relating to the confidentiality of peer support communications for public safety officers.
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, Code 2026, is amended by striking the subsection and inserting in lieu thereof the following:
   9.  A peer support group counselor who is present for a confidential communication from an officer during a peer support or crisis intervention session shall not be permitted to testify or disclose any confidential communication properly entrusted to the peer support counselor or made in the counselor’s presence by an officer receiving peer support services 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.  “Confidential communication” means any oral, written, or recorded communication made by an officer to a peer support group counselor while receiving peer support services or crisis intervention, whether the communication is made individually or in a group setting.
   2.  “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.
   3.  “Peer support group 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 group 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 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 group counselor who is present for a confidential communication from an officer 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 made in the peer support counselor’s presence by an officer receiving peer support services.
   2.  Except as provided in subsection 3, a confidential communication obtained by a peer support group counselor during the provision of peer support services shall not be used or introduced in any formal administrative investigation, disciplinary proceeding, or Brady-Giglio disclosure or proceeding.
   3.  A peer support group counselor 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.
   b.  An explicit threat of harm to the officer 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 allows peer support group counselors 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 strikes the current evidentiary privilege applicable to peer support group counselors under Code section 622.10 (communications in professional confidence) and creates new Code chapter 622C for the evidentiary privilege of peer support communications.
   The bill provides that, except as otherwise specified, a peer support group counselor is not permitted to testify or disclose confidential communications made by an officer 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 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 construed to liberally promote candid and confidential communications during peer support services for public safety professionals.