| SENATE AMENDED |
| PRIOR PRINTER'S NOS. 1592, 2178, 2240, 3145 | PRINTER'S NO. 4049 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY GERGELY, BRENNAN, CALTAGIRONE, VEREB, BELFANTI, BRADFORD, BURNS, COHEN, D. COSTA, P. COSTA, DONATUCCI, ELLIS, FABRIZIO, FRANKEL, GOODMAN, HARKINS, HENNESSEY, HORNAMAN, KILLION, KORTZ, LONGIETTI, MAHONEY, MELIO, MENSCH, METZGAR, MURPHY, MURT, M. O'BRIEN, PASHINSKI, PYLE, SIPTROTH, VULAKOVICH, WALKO AND READSHAW, APRIL 22, 2009 |
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| SENATOR CORMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, JUNE 30, 2010 |
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| AN ACT |
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1 | Amending Title 42 (Judiciary and Judicial Procedure) of the |
2 | Pennsylvania Consolidated Statutes, providing for |
3 | confidential communications to a critical incident stress |
4 | management team member by law enforcement officers, |
5 | firefighters, first responders and corrections officers | <-- |
6 | public safety responders and corrections officers and for | <-- |
7 | confidential communications to a peer support member by law |
8 | enforcement officers. |
9 | The General Assembly of the Commonwealth of Pennsylvania |
10 | hereby enacts as follows: |
11 | Section 1. Title 42 of the Pennsylvania Consolidated |
12 | Statutes is amended by adding sections to read: |
13 | § 5950. Confidential communications involving law enforcement | <-- |
14 | officers. |
15 | (a) Disclosure.--Except as provided under subsection (b) | <-- |
16 | (c), a critical incident stress management team member who, | <-- |
17 | while in the course of his duties duty, has acquired information | <-- |
18 | from any law enforcement officer secretly and in confidence, may | <-- |
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1 | not be compelled or allowed without the consent of the law |
2 | enforcement officer to disclose that information in a legal |
3 | proceeding, trial, or investigation before any government unit. | <-- |
4 | (b) Exceptions.--The testimonial privilege established under | <-- |
5 | subsection (a) shall not apply if any of the following apply: |
6 | (1) The communication or advice indicates clear and |
7 | present danger to the law enforcement officer who receives |
8 | crisis response services or to other persons. |
9 | (b) Coparticipants.--Except as provided under subsection | <-- |
10 | (c), a coparticipant who is present during the course of a |
11 | critical incident stress management team intervention may not be |
12 | compelled or allowed, without the consent of the affected law |
13 | enforcement officer, to disclose any communication made during |
14 | the intervention in a legal proceeding, trial, or investigation |
15 | before a government unit. |
16 | (c) Exceptions.--The privilege established under subsections |
17 | (a) and (b) shall not apply if any of the following apply: |
18 | (1) The communication indicates clear and present danger |
19 | to the law enforcement officer who received critical incident |
20 | stress management services or to other individuals. |
21 | (2) The law enforcement officer who received crisis | <-- |
22 | response critical incident stress management services gives | <-- |
23 | express consent to the testimony disclosure. | <-- |
24 | (3) The law enforcement officer who received crisis | <-- |
25 | response critical incident stress management services is | <-- |
26 | deceased and the surviving spouse or the executor or |
27 | administrator of the estate of the deceased law enforcement |
28 | officer gives express consent. |
29 | (4) The law enforcement officer who received crisis | <-- |
30 | response services voluntarily testifies, in which case the |
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1 | critical incident stress management team member may be |
2 | compelled to testify on the same subject. |
3 | (5) The court in camera determines that the information |
4 | communicated by the law enforcement officer who received |
5 | crisis response services is not germane to the relationship |
6 | between the law enforcement officer and the team member. |
7 | (6) The communication or advice pertains or is related |
8 | to any criminal act. |
9 | (4) The court in camera determines that the information | <-- |
10 | communicated by the law enforcement officer who received |
11 | critical incident stress management services pertains to or |
12 | is related to criminal acts of intent committed or |
13 | contemplated by the law enforcement officer. |
14 | (c) Definitions.--As used in this section, the following |
15 | words and phrases shall have the meanings given to them in this |
16 | subsection: |
17 | "Crisis response services." Consultation, risk assessment, | <-- |
18 | referral and onsite crisis intervention services provided by a |
19 | critical incident stress management team to a law enforcement |
20 | officer who has employed the use of deadly force in the course |
21 | and scope of the officer's employment. |
22 | "Critical incident stress management team member." An | <-- |
23 | individual specially trained to provide crisis response services |
24 | as a member of a police organization crisis response team that |
25 | holds membership in the Commonwealth's critical incident stress |
26 | management network. |
27 | "Coparticipant." An individual who participates in a group | <-- |
28 | critical incident stress management team intervention. |
29 | "Critical incident." A situation responded to by a law |
30 | enforcement officer which presents or involves either the death |
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1 | or serious bodily injury of an individual or the imminent |
2 | potential of such death or serious bodily injury, or any |
3 | situation faced by a law enforcement officer in the course of |
4 | duty which causes or may cause the law enforcement officer to | <-- |
5 | experience unusually strong negative emotional reactions. |
6 | "Critical Incident Stress Management Network." A network | <-- |
7 | that meets the requirements of membership with the Pennsylvania |
8 | Voluntary Critical Incident Stress Management Network as |
9 | administered by the Department of Health and is registered with |
10 | the International Critical Incident Stress Foundation. |
11 | "Critical incident stress management services." Consultation, |
12 | risk assessment, education, intervention, briefing, defusing, |
13 | debriefing, onsite services, referral and other crisis |
14 | intervention services provided by a critical incident stress |
15 | management team to a law enforcement officer prior to, during or |
16 | after a critical incident. |
17 | "Critical incident stress management team member." An |
18 | individual who is specially trained to provide critical incident |
19 | stress management services as a member of a police agency or |
20 | organization critical incident stress management team that holds |
21 | membership in the Commonwealth's critical incident stress |
22 | management network. |
23 | "Government unit." The General Assembly and its officers and | <-- |
24 | agencies; the Governor and the departments, boards, commissions, |
25 | authorities and officers and agencies of the Commonwealth or |
26 | other instrumentalities thereof; any political subdivision, |
27 | municipality, school district or other local authority and the |
28 | departments, boards, commissions, authorities and officers and |
29 | agencies of such political subdivisions or other |
30 | instrumentalities thereof; and any court or other officer or |
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1 | agency of the unified judicial system or instrumentality |
2 | thereof. |
3 | "Law enforcement officer." Any of the following: |
4 | (1) A member of the Pennsylvania State Police. |
5 | (2) Any enforcement officer or investigator employed by |
6 | the Pennsylvania Liquor Control Board. |
7 | (3) A parole agent, enforcement officer and investigator |
8 | of the Pennsylvania Board of Probation and Parole. |
9 | (4) A Capitol Police officer. |
10 | (5) A Department of Conservation and Natural Resources |
11 | ranger. |
12 | (6) A drug enforcement agent of the Office of Attorney |
13 | General whose principal duty is the enforcement of the drug |
14 | laws of this Commonwealth and a special agent of the Office |
15 | of Attorney General whose principal duty is the enforcement |
16 | of the criminal laws of this Commonwealth. |
17 | (7) Any member of a port authority or other authority |
18 | police department. |
19 | (8) Any police officer of a county, region, city, | <-- |
20 | borough, town or township. |
21 | (9) Any sheriff or deputy sheriff. |
22 | (10) A member of the Pennsylvania Fish Commission. |
23 | (11) A Pennsylvania Wildlife Conservation Officer. |
24 | (12) A member of a Campus Police force with the power to |
25 | arrest under section 2416 of the act of April 9, 1929 |
26 | (P.L.177, No.175), known as The Administrative Code of 1929. |
27 | As used in this paragraph, the term "campus police" has the |
28 | meaning given in section 302 of the act of November 29, 2004 |
29 | (P.L.1383, No.180), known as the Uniform Crime Reporting Act. |
30 | (13) A member of the Fort Indiantown Gap Police Force. |
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1 | § 5951. Confidential communications involving firefighters, | <-- |
2 | first public safety responders and corrections | <-- |
3 | officers. |
4 | (a) Disclosure.--Except as provided under subsection (b) | <-- |
5 | (c), a critical incident stress management team member who, | <-- |
6 | while in the course of his duties duty, has acquired information | <-- |
7 | from any firefighter, first public safety responder or | <-- |
8 | corrections officer secretly and in confidence, may not be | <-- |
9 | compelled or allowed without the consent of the firefighter, | <-- |
10 | first public safety responder or corrections officer to disclose | <-- |
11 | that information in a legal proceeding, trial, or investigation |
12 | before any government unit. |
13 | (b) Exceptions.--The testimonial privilege established under | <-- |
14 | subsection (a) shall not apply if any of the following apply: |
15 | (1) The communication or advice indicates clear and |
16 | present danger to the firefighter, first responder or |
17 | corrections officer who receives crisis response services or |
18 | to other persons. |
19 | (b) Coparticipants.--Except as provided under subsection | <-- |
20 | (c), a coparticipant who is present during the course of a |
21 | critical incident stress management team intervention may not be |
22 | compelled or allowed, without the consent of the affected public |
23 | safety responder or corrections officer, to disclose any |
24 | communication made during the intervention in a legal |
25 | proceeding, trial, or investigation before a government unit. |
26 | (c) Exceptions.--The privilege established under subsections |
27 | (a) and (b) shall not apply if any of the following apply: |
28 | (1) The communication indicates clear and present danger |
29 | to the public safety responder or corrections officer who |
30 | received critical incident stress management services or to |
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1 | other individuals. |
2 | (2) The firefighter, first public safety responder or | <-- |
3 | corrections officer who received crisis response critical | <-- |
4 | incident stress management services gives express consent to |
5 | the testimony. |
6 | (3) The firefighter, first public safety responder or | <-- |
7 | corrections officer who received crisis response critical | <-- |
8 | incident stress management services is deceased and the |
9 | surviving spouse or the executor or administrator of the |
10 | estate of the deceased firefighter, first public safety | <-- |
11 | responder or corrections officer gives express consent. |
12 | (4) The firefighter, first responder or corrections | <-- |
13 | officer who received crisis response services voluntarily |
14 | testifies, in which case the critical incident stress |
15 | management team member may be compelled to testify on the |
16 | same subject. |
17 | (5) The court in camera determines that the information |
18 | communicated by the firefighter, first responder or |
19 | corrections officer who received crisis response services is |
20 | not germane to the relationship between the firefighter, |
21 | first responder or corrections officer and the team member. |
22 | (6) The communication or advice pertains or is related |
23 | to any criminal act. |
24 | (4) The court in camera determines that the information | <-- |
25 | communicated by the public safety responder or corrections |
26 | officer who received critical incident stress management |
27 | services pertains to or is related to criminal acts of intent |
28 | committed or contemplated by the public safety responder or |
29 | corrections officer. |
30 | (c) Definitions.--As used in this section, the following |
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1 | words and phrases shall have the meanings given to them in this |
2 | subsection: |
3 | "Coparticipant." An individual who is participating in a | <-- |
4 | group critical incident stress management team intervention. |
5 | "Corrections officer." A corrections officer of the |
6 | Commonwealth or a political subdivision. |
7 | "Crisis response services." Consultation, risk assessment, | <-- |
8 | referral and onsite crisis intervention services provided by a |
9 | critical incident stress management team to a firefighter, a |
10 | first responder or a corrections officer. |
11 | "Critical incident stress management team member." An |
12 | individual specially trained to provide crisis response services |
13 | as a member of a crisis response team that holds membership in |
14 | the Commonwealth's critical incident stress management network. |
15 | "Critical incident." A situation responded to by a public | <-- |
16 | safety responder or corrections officer which presents or |
17 | involves either the death or serious bodily injury of an |
18 | individual or the imminent potential of such death or serious |
19 | bodily injury, or any situation faced by a public safety |
20 | responder or corrections officer in the course of duty which |
21 | causes or may cause the public safety responder or corrections | <-- |
22 | officer to experience unusually strong negative emotional |
23 | reactions. |
24 | "Critical Incident Stress Management Network." A network | <-- |
25 | that meets the requirements of membership with the Pennsylvania |
26 | Voluntary Critical Incident Stress Management Network as |
27 | administered by the Department of Health and is registered with |
28 | the International Critical Incident Stress Foundation. |
29 | "Critical incident stress management services." Consultation, |
30 | risk assessment, education, intervention, briefing, defusing, |
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1 | debriefing, onsite services, referral and other crisis |
2 | intervention services provided by a critical incident stress |
3 | management team to a public safety responder or corrections |
4 | officer prior to, during or after a critical incident. |
5 | "Critical incident stress management team member." An |
6 | individual who is specially trained to provide critical incident |
7 | stress management services as a member of a critical incident |
8 | stress management team that holds membership in the |
9 | Commonwealth's critical incident stress management network. |
10 | "Firefighter." A member of a municipal or volunteer fire |
11 | company. |
12 | "First responder." An individual who is certified by the |
13 | Department of Health as a first responder. |
14 | "Government unit." The General Assembly and its officers and | <-- |
15 | agencies; the Governor and the departments, boards, commissions, |
16 | authorities and officers and agencies of the Commonwealth or |
17 | other instrumentalities thereof; any political subdivision, |
18 | municipality, school district, local authority and the |
19 | departments, boards, commissions, authorities and officers and |
20 | agencies of such political subdivisions or other |
21 | instrumentalities thereof; and any court or other officer or |
22 | agency of the unified judicial system or instrumentality |
23 | thereof. |
24 | "Public safety responder." Any firefighter, emergency |
25 | medical service personnel, ambulance service personnel or |
26 | emergency telecommunicator, who in a critical incident are |
27 | responsible for the protection and preservation of life, |
28 | property, evidence and the environment, including an emergency |
29 | response provider as defined in section 2 of the Homeland |
30 | Security Act of 2002 (Public Law 107-296, 116 Stat. 2135), and |
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1 | emergency management, and other skilled support personnel who |
2 | provide immediate support services during prevention, response |
3 | and recovery operations. |
4 | § 5952. Confidential communications to peer support members. |
5 | (a) Disclosure.--Except as provided under subsection (c), a |
6 | peer support member who, while in the course of duty, has |
7 | acquired information from a law enforcement officer in |
8 | confidence, may not be compelled or allowed without the consent |
9 | of the law enforcement officer to disclose that information in |
10 | any legal proceeding, trial, or investigation before any |
11 | government unit. |
12 | (b) Coparticipants.--Except as provided under subsection |
13 | (c), a coparticipant who is present during the provision of peer |
14 | support services may not be compelled or allowed, without the |
15 | consent of the affected law enforcement officer, to disclose any |
16 | communication made during the provision of peer support services |
17 | in a legal proceeding, trial, or investigation before a |
18 | government unit. |
19 | (c) Exceptions.--The privilege established under subsections |
20 | (a) and (b) shall not apply if any of the following apply: |
21 | (1) The communication indicates clear and present danger |
22 | to the law enforcement officer who received peer support |
23 | services or to other individuals. |
24 | (2) The law enforcement officer who received peer |
25 | support services gives express consent to the disclosure. |
26 | (3) The law enforcement officer who received peer |
27 | support services is deceased and the surviving spouse or the |
28 | executor or administrator of the estate of the deceased law |
29 | enforcement officer gives express consent. |
30 | (4) The court in camera determines that the information | <-- |
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1 | communicated by the law enforcement officer who received peer |
2 | support services pertains to or is related to criminal acts |
3 | of intent committed or contemplated by the law enforcement |
4 | officer. |
5 | (d) Definitions.--As used in this section, the following |
6 | words and phrases shall have the meanings given to them in this |
7 | subsection: |
8 | "Coparticipant." An individual who participates in the |
9 | provision of peer support services. |
10 | "Government unit." The General Assembly and its officers and |
11 | agencies; the Governor and the departments, boards, commissions, |
12 | authorities and officers and agencies of the Commonwealth or |
13 | other instrumentalities thereof; any political subdivision, |
14 | municipality, school district, local authority and the |
15 | departments, boards, commissions, authorities and officers and |
16 | agencies of such political subdivisions or other |
17 | instrumentalities thereof; and any court or other officer or |
18 | agency of the unified judicial system or instrumentality |
19 | thereof. |
20 | "Law enforcement officer." Any of the following: |
21 | (1) A member of the Pennsylvania State Police. |
22 | (2) Any enforcement officer or investigator employed by |
23 | the Pennsylvania Liquor Control Board. |
24 | (3) A parole agent, enforcement officer and investigator |
25 | of the Pennsylvania Board of Probation and Parole. |
26 | (4) A Capitol Police officer. |
27 | (5) A Department of Conservation and Natural Resources |
28 | ranger. |
29 | (6) A drug enforcement agent of the Office of Attorney |
30 | General whose principal duty is the enforcement of the drug |
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1 | laws of this Commonwealth and a special agent of the Office |
2 | of Attorney General whose principal duty is the enforcement |
3 | of the criminal laws of this Commonwealth. |
4 | (7) Any member of a port authority or other authority |
5 | police department. |
6 | (8) Any police officer of a county, region, city, |
7 | borough, town or township. |
8 | (9) Any sheriff or deputy sheriff. |
9 | (10) A member of the Pennsylvania Fish and Boat |
10 | Commission. |
11 | (11) A Pennsylvania Wildlife Conservation Officer. |
12 | (12) A member of a campus police force with the power to |
13 | arrest under section 2416 of the act of April 9, 1929 |
14 | (P.L.177, No.175), known as The Administrative Code of 1929. |
15 | As used in this paragraph, the term "campus police" has the |
16 | meaning given in section 302 of the act of November 29, 2004 |
17 | (P.L.1383, No.180), known as the Uniform Crime Reporting Act. |
18 | (13) A member of the Fort Indiantown Gap Police Force. |
19 | "Peer support member." A law enforcement officer who: |
20 | (1) Is assigned by a law enforcement agency. |
21 | (2) Receives a minimum of 24 hours of basic training in |
22 | peer services, including listening, assessment and referral |
23 | skills and basic critical incident stress management. |
24 | (3) Receives eight hours of continuing training each |
25 | year. |
26 | (4) May be supervised by licensed psychologists. |
27 | Section 2. This act shall take effect in 60 days. |
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