Relating to the confidentiality of peer support communications for public safety officers and civilian employees

This bill relates to the confidentiality of peer support communications for public safety officers.1 (peace officer, public safety, and emergency personnel bill of rights) by providing that the peace officer, public safety, and emergency personnel bill of rights does not require the disclosure, use, or consideration of confidential peer support communications in any informal inquiry, formal administrative investigation, disciplinary proceeding, or Brady-Giglio determination.10 (communications in professional confidence) and creates new Code chapter 622C relating to the evidentiary privilege of peer support communications. The bill defines “civilian employee” as an employee of a law enforcement agency, emergency management agency, emergency medical services agency, or fire department who is not an officer. The bill also defines “confidential communication”, “officer”, and “peer support counselor”. The bill provides that, except as otherwise specified, a peer support counselor or an individual present for a confidential communication is not permitted to testify or disclose confidential communications made by an officer or a civilian employee during peer support or crisis intervention sessions. The bill further provides that confidential communications cannot be used or introduced in any formal administrative investigation, disciplinary proceeding, or Brady-Giglio disclosure or proceeding, except as otherwise provided or as constitutionally required. The bill allows peer support counselors or individuals present for a confidential communication to testify or otherwise disclose a confidential communication that includes a plan to commit a crime or information related to the commission of a crime, a threat of harm to oneself or others, or information required by law to be disclosed. The bill provides that new Code chapter 622C does not limit an employer’s authority to direct an employee to an employee assistance program or to require a fitness-for-duty evaluation, and the chapter is to be construed liberally to promote candid and confidential communications during peer support services for public safety professionals.