Senate File 267 - Introduced
SENATE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO SSB
1163)
A BILL FOR
1 An Act relating to privileged communications between certain
2 peer support group counselors and officers.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 622.10, Code 2015, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 9. a. A peer support group counselor
1 4 who obtains information from an officer by reason of the
1 5 counselor's capacity as a peer support group counselor
1 6 shall not be allowed, in giving testimony, to disclose any
1 7 confidential communication properly entrusted to the counselor
1 8 by the officer while receiving counseling.
1 9 b. The prohibition in this subsection does not apply where
1 10 the officer has consented to the disclosure of the information
1 11 specified in paragraph "a" or where the peer support group
1 12 counselor was an initial responding officer, a witness, or
1 13 a party to the incident which prompted the delivery of peer
1 14 support group counseling services to the officer.
1 15 c. For purposes of this subsection:
1 16 (1) "Officer" means a certified law enforcement officer,
1 17 fire fighter, emergency medical technician, paramedic,
1 18 corrections officer, detention officer, jailer, probation or
1 19 parole officer, communications officer, dispatcher, emergency
1 20 management coordinator under chapter 29C, or any other law
1 21 enforcement officer certified by the Iowa law enforcement
1 22 academy and employed by a city, county, or state agency.
1 23 (2) "Peer support group counselor" means a law enforcement
1 24 officer, fire fighter, civilian employee of a law enforcement
1 25 agency or fire department, or a nonemployee counselor who
1 26 has been designated as a peer support group counselor by a
1 27 sheriff, police chief, fire chief, or department head of a
1 28 law enforcement agency, fire department, or emergency medical
1 29 services agency and who has received training to provide
1 30 emotional and moral support and counseling to an officer who
1 31 needs those services as a result of an incident in which the
1 32 officer was involved while acting in the officer's official
1 33 capacity.
1 34 EXPLANATION
1 35 The inclusion of this explanation does not constitute agreement with
2 1 the explanation's substance by the members of the general assembly.
2 2 This bill relates to privileged communications between
2 3 certain peer support group counselors and officers.
2 4 The bill provides that a peer support group counselor
2 5 who obtains information from an officer by reason of the
2 6 counselor's capacity as a peer support group counselor
2 7 shall not be allowed, in giving testimony, to disclose any
2 8 confidential communications properly entrusted to the counselor
2 9 by the officer while receiving counseling. The bill creates
2 10 exceptions in cases where the officer has given the officer's
2 11 consent to the disclosure of such information and where the
2 12 peer support group counselor was an initial responding officer,
2 13 a witness, or a party to the incident which prompted the
2 14 delivery of counseling services.
2 15 The bill defines "officer" as a certified law enforcement
2 16 officer, fire fighter, emergency medical technician, paramedic,
2 17 corrections officer, detention officer, jailer, probation or
2 18 parole officer, communications officer, dispatcher, emergency
2 19 management coordinator under Code chapter 29C, or any other
2 20 law enforcement officer certified by the Iowa law enforcement
2 21 academy and employed by a city, county, or state agency.
2 22 The bill defines "peer support group counselor" as a law
2 23 enforcement officer, fire fighter, civilian employee of a
2 24 law enforcement agency or fire department, or a nonemployee
2 25 counselor who has been designated as a peer support group
2 26 counselor by a sheriff, police chief, fire chief, or department
2 27 head of a law enforcement agency, fire department, or emergency
2 28 medical services agency and who has received training to
2 29 provide emotional and moral support and counseling to an
2 30 officer who needs those services as a result of an incident in
2 31 which the officer was involved while acting in the officer's
2 32 official capacity.
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