Bill Text: NY A01310 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Enacts the "Lieutenant Joseph Banish mental health act" to provide a testimonial privilege for communications arising out of law enforcement peer support counseling.

Spectrum: Slight Partisan Bill (Democrat 11-6)

Status: (Introduced - Dead) 2024-05-30 - print number 1310c [A01310 Detail]

Download: New_York-2023-A01310-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1310

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 17, 2023
                                       ___________

        Introduced by M. of A. SILLITTI -- read once and referred to the Commit-
          tee on Judiciary

        AN ACT to amend the civil practice law and rules, in relation to provid-
          ing    a   testimonial   privilege   to   critical   incident   stress
          management/crisis response/peer support team members concerning commu-
          nications  made  during  critical  incident  stress  management/crisis
          response services

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The civil practice law and rules is amended by adding a new
     2  section 4508-a to read as follows:
     3    § 4508-a. Critical  incident  stress  management/crisis  response/peer
     4  support  team  member.  (a)  Definitions.  As  used  in this section the
     5  following terms shall have the following meanings:
     6    1. "Emergency services  provider"  means  any  individual  working  or
     7  volunteering in the following service capacities; law enforcement, fire-
     8  fighting,  emergency medical services, communications/dispatch services,
     9  public safety, disaster/emergency managers and disaster responders.
    10    2. "Critical incident stress management/crisis response  services/peer
    11  support"  means  contact with a trained member of an organized emergency
    12  response team who provides  intervention,  support,  consultation,  risk
    13  assessment, referral and follow-up services.
    14    3.  "A  trained  member"  means an individual who received specialized
    15  training in critical  incident  stress  management/crisis  response/peer
    16  support  and  offers services as part of an organized emergency response
    17  team.
    18    4. "Critical incident stress management/crisis response/peer  support"
    19  means   a   comprehensive,  integrated,  strategic  and  multi-component
    20  approach to manage critical incident stress during and  following  inci-
    21  dents  and/or  for any issue that may impact work and family life. Crit-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03381-01-3
        A. 1310                             2

     1  ical incident stress management/crisis  response/peer  support  services
     2  may include:
     3    (A) Pre-incident education and preparation;
     4    (B) Assessment;
     5    (C) Crisis intervention;
     6    (D) Strategic planning;
     7    (E) Large group interventions;
     8    (F) Small group interventions;
     9    (G) One-on-one assistance;
    10    (H) Family critical incident stress management;
    11    (I) Organizational, community intervention, and consultation;
    12    (J) Pastoral crisis intervention; and
    13    (K) Follow-up and referral.
    14    (b) Confidential information privileged. A trained member who received
    15  specialized  training  in  critical  incident  stress  management/crisis
    16  response/peer support as a member of  an  organized  emergency  response
    17  team  shall  not  be required to disclose oral or written communication,
    18  notes, records or reports made by an  individual  while  receiving  such
    19  services  or  be  required  to  disclose his/her communications with the
    20  individual  in  need  of  critical  incident  stress   management/crisis
    21  response/peer support services except:
    22    1.   Where  the  individual  who  received  critical  incident  stress
    23  management/crisis response services/peer support gives  express  consent
    24  to the testimony;
    25    2. The communication reveals the contemplation of a crime or admission
    26  of criminal conduct;
    27    3. The individual represents harm to self or others; or
    28    4.  The individual is suspected of child abuse or is at risk for child
    29  abuse.
    30    § 2. This act shall take effect immediately.