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REFERENCE TITLE: critical incident; information; privilege |
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State of Arizona House of Representatives Fifty-first Legislature First Regular Session 2013
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HB 2323 |
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Introduced by Representative Farnsworth
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AN ACT
amending section 38‑1108, Arizona Revised Statutes; relating to law enforcement officers.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 38-1108, Arizona Revised Statutes, is amended to read:
38-1108. Critical incident stress management team member; privilege; exceptions; definitions
A. Except as provided in subsection B of this section, a critical incident stress management team member who, in the course of the member's response to a critical incident at the request of the member or member's agency, acquires information secretly and in confidence from a designated person shall not be compelled to disclose that information in a legal proceeding, trial or investigation before any agency of this state or a political subdivision of this state.
B. Subsection A of this section does not apply if:
1. The communication or advice indicates clear and present danger to the designated person who received crisis response services or to other persons.
2. The designated person who received crisis response services gives express consent to the testimony.
3. The communication or advice is made during the course of a criminal investigation.
4. 3. The designated person who received crisis response services voluntarily testifies, in which case the critical incident stress management team member may be compelled to testify on the same subject.
5. 4. There exists a breach of department policy that amounts to a violation of laws that are normally enforced by law enforcement.
C. For the purposes of this section:
1. "Crisis response services" means consultation, risk assessment, referral and onsite crisis intervention services provided by a critical incident stress management team to a designated person.
2. "Critical incident stress management team member" means an individual who has completed training through a recognized organization that delivers critical incident stress management training and is part of a law enforcement, probation, firefighter or emergency medical provider crisis response team.
3. "Department" means the branch of government in which a designated person is employed.
4. "Designated person" means an emergency medical provider, or a dispatcher, firefighter, law enforcement officer or probation officer.
5. "Emergency medical provider" means municipal or state emergency medical services personnel.
6. "Firefighter" means a municipal or state firefighter.
7. "Law enforcement officer" means:
(a) An individual who is certified by the Arizona peace officer standards and training board, other than a person employed by a multi‑county water conservation district.
(b) A detention officer or correction corrections officer, other than a probationary employee, who is employed by this state or a political subdivision of this state.
8. "Probation officer" means a probation officer or surveillance officer who is employed by this state or a political subdivision of this state.