Senate Study Bill 1163 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON SODDERS) A BILL FOR An Act relating to privileged communications between certain 1 peer support group counselors and officers. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1711XC (1) 86 jh/nh

S.F. _____ Section 1. Section 622.10, Code 2015, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 9. a. A peer support group counselor 3 who obtains information from an officer by reason of the 4 counselor’s capacity as a peer support group counselor 5 shall not be allowed, in giving testimony, to disclose any 6 confidential communication properly entrusted to the counselor 7 by the officer while receiving counseling. 8 b. The prohibition in this subsection does not apply where 9 the officer has consented to the disclosure of the information 10 specified in paragraph “a” or where the peer support group 11 counselor was an initial responding officer, a witness, or 12 a party to the incident which prompted the delivery of peer 13 support group counseling services to the officer. 14 c. For purposes of this subsection: 15 (1) “Officer” means a certified law enforcement officer, 16 fire fighter, emergency medical technician, paramedic, 17 corrections officer, detention officer, jailer, probation 18 or parole officer, communications officer, dispatcher, or 19 any other law enforcement officer certified by the Iowa law 20 enforcement academy and employed by a city, county, or state 21 agency. 22 (2) “Peer support group counselor” means a law enforcement 23 officer, fire fighter, civilian employee of a law enforcement 24 agency or fire department, or a nonemployee counselor who 25 has been designated as a peer support group counselor by a 26 sheriff, police chief, fire chief, or department head of a 27 law enforcement agency, fire department, or emergency medical 28 services agency and who has received training to provide 29 emotional and moral support and counseling to an officer who 30 needs those services as a result of an incident in which the 31 officer was involved while acting in the officer’s official 32 capacity. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -1- LSB 1711XC (1) 86 jh/nh 1/ 2

S.F. _____ the explanation’s substance by the members of the general assembly. 1 This bill relates to privileged communications between 2 certain peer support group counselors and officers. 3 The bill provides that a peer support group counselor 4 who obtains information from an officer by reason of the 5 counselor’s capacity as a peer support group counselor 6 shall not be allowed, in giving testimony, to disclose any 7 confidential communications properly entrusted to the counselor 8 by the officer while receiving counseling. The bill creates 9 exceptions in cases where the officer has given the officer’s 10 consent to the disclosure of such information and where the 11 peer support group counselor was an initial responding officer, 12 a witness, or a party to the incident which prompted the 13 delivery of counseling services. 14 The bill defines “officer” as a certified law enforcement 15 officer, fire fighter, emergency medical technician, paramedic, 16 corrections officer, detention officer, jailer, probation 17 or parole officer, communications officer, dispatcher, or 18 any other law enforcement officer certified by the Iowa law 19 enforcement academy and employed by a city, county, or state 20 agency. 21 The bill defines “peer support group counselor” as a law 22 enforcement officer, fire fighter, civilian employee of a 23 law enforcement agency or fire department, or a nonemployee 24 counselor who has been designated as a peer support group 25 counselor by a sheriff, police chief, fire chief, or department 26 head of a law enforcement agency, fire department, or emergency 27 medical services agency and who has received training to 28 provide emotional and moral support and counseling to an 29 officer who needs those services as a result of an incident in 30 which the officer was involved while acting in the officer’s 31 official capacity. 32 -2- LSB 1711XC (1) 86 jh/nh 2/ 2