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

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) 2024-05-30 - print number 1310c [A01310 Detail]

Download: New_York-2023-A01310-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         1310--A

                               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  --  committee  discharged,  bill  amended, ordered
          reprinted as amended and recommitted to said committee

        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.
                                                                   LBD03381-02-3
        A. 1310--A                          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    (c) The division of criminal justice services shall  promulgate  rules
    31  and  regulations  necessary  to  effectuate  this  section  and shall be
    32  empowered  to  identify  minimum  certifications  required  of   trained
    33  members,  approved  training  courses,  record keeping requirements, and
    34  retraining requirements.
    35    § 2. This act shall take effect immediately.