Bill Text: PA HB1332 | 2009-2010 | Regular Session | Introduced

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

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Bill Title: Providing for confidential communications to a critical incident stress management team member by law enforcement officers, public safety responders and corrections officers and for confidential communications to a peer support member by law enforcement officers.

Spectrum: Slight Partisan Bill (Democrat 25-9)

Status: (Passed) 2010-07-09 - Act No. 53 [HB1332 Detail]

Download: Pennsylvania-2009-HB1332-Introduced.html

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PRINTER'S NO. 1592
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1332 Session of2009
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 AND WALKO, APRIL 22, 2009
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 22, 2009
AN ACT
Amending Title 44 (Law and Justice) of the Pennsylvania
Consolidated Statutes, providing for confidential
communications to a critical incident stress management team
member by law enforcement officers.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 44 of the Pennsylvania Consolidated
Statutes is amended by adding a part to read:
PART IV
LAW ENFORCEMENT
Chapter
41. Preliminary Provisions (Reserved)
43. Critical Incident Stress Management
CHAPTER 41
PRELIMINARY PROVISIONS
(Reserved)
CHAPTER 43
CRITICAL INCIDENT STRESS MANAGEMENT
Sec.
4301. Definitions.
4302. Confidential communications.
§ 4301. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Crisis response services." Consultation, risk assessment,
referral and onsite crisis intervention services provided by a
critical incident stress management team to a law enforcement
officer who has employed the use of deadly force in the course
and scope of the officer's employment.
"Critical incident stress management team member." An
individual specially trained to provide crisis response services
as a member of a police organization crisis response team that
holds membership in the Commonwealth's critical incident stress
management network.
"Debriefing session." A session during which crisis response
services are rendered by a critical incident stress management
team member during or after the use of deadly force by a law
enforcement officer.
"Law enforcement officer." Any of the following:
(1) A member of the Pennsylvania State Police.
(2) Any enforcement officer or investigator employed by
the Pennsylvania Liquor Control Board.
(3) A parole agent, enforcement officer and investigator
of the Pennsylvania Board of Probation and Parole.
(4) A Capitol Police officer.
(5) A Department of Conservation and Natural Resources
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ranger.
(6) A drug enforcement agent of the Office of Attorney
General whose principal duty is the enforcement of the drug
laws of this Commonwealth and a special agent of the Office
of Attorney General whose principal duty is the enforcement
of the criminal laws of this Commonwealth.
(7) Any member of a port authority or other authority
police department.
(8) Any police officer of a county, city, borough, town
or township.
(9) Any sheriff or deputy sheriff.
§ 4302. Confidential communications.
(a) Disclosure.--Except as provided under subsection (b), a
critical incident stress management team member who, while in
the course of his duties, has acquired information from any law
enforcement officer secretly and in confidence, may not be
compelled or allowed without the consent of the law enforcement
officer to disclose that information in a legal proceeding,
trial or investigation before any government unit.
(b) Exceptions.--The testimonial privilege established under
subsection (a) shall not apply if any of the following apply:
(1) The communication or advice indicates clear and
present danger to the law enforcement officer who receives
crisis response services or to other persons.
(2) The law enforcement officer who received crisis
response services gives express consent to the testimony.
(3) The law enforcement officer who received crisis
response services is deceased and the surviving spouse or the
executor or administrator of the estate of the deceased law
enforcement officer gives express consent.
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(4) The law enforcement officer 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) The court in camera determines that the information
communicated by the law enforcement officer who received
crisis response services is not germane to the relationship
between the law enforcement officer and the team member.
(6) The communication or advice pertains or is related
to any criminal act.
Section 2. This act shall take effect in 60 days.
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