Read the full stored bill text
LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 804
Introduced by Lonowski, 33; Hardin, 48; Lippincott, 34; McKeon, 41.
Read first time January 07, 2026
Committee: Judiciary
A BILL FOR AN ACT relating to peer support counseling; to provide for1
confidential and privileged peer support counseling as provided; and2
to define terms. 3
Be it enacted by the people of the State of Nebraska,4
LB804
2026
LB804
2026
-1-
Section 1. (1) For purposes of this section: 1
(a) Communication includes any oral communication, note, record, or2
report; 3
(b) Emergency services personnel means any employee or volunteer of4
an emergency services provider who is engaged in providing or supporting5
firefighting, dispatching services, and emergency medical services;6
(c) Emergency services provider means any public employer that7
employs people to provide firefighting, dispatching services, or8
emergency medical services; 9
(d) Employee assistance program means a program established by a10
law enforcement agency, emergency services provider, or the Nebraska11
National Guard to provide professional counseling or support services to12
a law enforcement officer, emergency services personnel, or Nebraska13
National Guard member; 14
(e) Law enforcement agency has the same meaning as in section15
81-1401; 16
(f) Law enforcement officer has the same meaning as in section17
81-1401; 18
(g) Peer support counseling session means any session conducted by19
a peer support specialist that is called or requested in response to a20
critical incident or traumatic event involving the personnel of a law21
enforcement agency, emergency services provider, or the Nebraska National22
Guard; 23
(h) Peer support specialist means a person: 24
(i) Designated by a law enforcement agency, an emergency services25
provider, the Nebraska National Guard, an employee assistance program, or26
a peer support team leader to lead, moderate, or assist in a peer support27
counseling session; 28
(ii) Who is a member of a peer support team; and29
(iii) Who has received training in counseling and providing30
emotional and moral support to a law enforcement officer, emergency31
LB804
2026
LB804
2026
-2-
services personnel, or Nebraska National Guard member who has been1
involved in an emotionally traumatic incident by reason of his or her2
employment; and 3
(i) Peer support team means a group of peer support specialists4
serving a law enforcement agency, emergency services provider, or the5
Nebraska National Guard. 6
(2) Any communication shall be confidential and shall not be7
disclosed by any person participating in a peer support counseling8
session if: 9
(a) Made by a participant or peer support specialist in a peer10
support counseling session pursuant to this section; or11
(b) Conveyed in or as the result of the peer support counseling12
session. 13
(3) Any communication relating to a peer support counseling session14
made confidential under subsection (2) that is made between peer support15
specialists, between peer support specialists and the supervisors or16
staff of an employee assistance program, or between the supervisors or17
staff of an employee assistance program shall be confidential and may not18
be disclosed. 19
(4) Any communication arising out of a peer support counseling20
session is not a public record. 21
(5) Any communication made by a participant or peer support22
specialist in a peer support counseling session is not admissible in any23
judicial proceeding, administrative proceeding, arbitration proceeding,24
or other adjudicatory proceeding. Communications made confidential under25
this section shall not be disclosed by the participants in any judicial26
proceeding, administrative proceeding, arbitration proceeding, or other27
adjudicatory proceeding. The limitations on disclosure imposed by this28
subsection include disclosure during any discovery conducted as part of29
an adjudicatory proceeding. 30
(6) Nothing in this section limits the discovery or introduction31
LB804
2026
LB804
2026
-3-
into evidence of knowledge acquired by any law enforcement officer or1
emergency services personnel from observation made during the course of2
employment or material or information acquired during the course of such3
employment that is otherwise subject to discovery or introduction into4
evidence. 5
(7) This section does not apply to any: 6
(a) Threat of suicide or criminal act made by a participant in a7
peer support counseling session or any information conveyed in a peer8
support counseling session relating to a threat of suicide or criminal9
act; 10
(b) Information relating to abuse or neglect of spouses, children,11
or the elderly, or other information that is required to be reported by12
law; 13
(c) Admission of criminal conduct; 14
(d) Disclosure of testimony by a participant who received peer15
support counseling services and expressly consented to such disclosure;16
or 17
(e) Disclosure of testimony by the surviving spouse or executor or18
administrator of the estate of a deceased participant who received peer19
support counseling services and such surviving spouse, executor, or20
administrator expressly consented to such disclosure.21
(8) This section does not prohibit any communications between peer22
support specialists who conduct peer support counseling sessions, or any23
communications between peer support specialists and the supervisors or24
staff of an employee assistance program. 25
(9) This section does not prohibit communications regarding fitness26
of an employee for duty between an employee assistance program and an27
employer. 28
LB804
2026
LB804
2026
-4-