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House
File
2637
-
Introduced
HOUSE
FILE
2637
BY
COMMITTEE
ON
PUBLIC
SAFETY
(SUCCESSOR
TO
HSB
652)
A
BILL
FOR
An
Act
relating
to
the
confidentiality
of
peer
support
1
communications
for
public
safety
officers
and
civilian
2
employees.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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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
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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,
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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
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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
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