THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

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

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 22, 2009   

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, providing for

confidential communications to a critical incident stress

management team member by law enforcement officers, 

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firefighters, first responders and corrections officers.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 42 of the Pennsylvania Consolidated

Statutes is amended by adding a section sections to read:

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§ 5950.  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.

(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.

(c)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Crisis response services."  Consultation, risk assessment,

referral and onsite crisis intervention services provided by a

critical incident stress management team to:

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(1)  a law enforcement officer who has employed the use

of deadly force in the course and scope of the officer's

employment;

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(2)  a firefighter;

(3)  a first responder; or

(4)  a corrections officer of the Commonwealth or a

political subdivision.

"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

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services are rendered by a critical incident stress management

team member during or after the use of deadly force by a law

enforcement officer.

"Firefighter."  A member of a municipal or volunteer fire

company.

"First responder."  An individual who is certified by the

Department of Health as a first responder.

"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

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.

(10)  A member of the Pennsylvania Fish Commission.

(11)  A Pennsylvania Wildlife Conservation Officer.

(12)  A member of a Campus Police force with the power to

arrest under section 2416 of the act of April 9, 1929

(P.L.177, No.175), known as The Administrative Code of 1929.

As used in this paragraph, the term "campus police" has the

meaning given in section 302 of the act of November 29, 2004

(P.L.1383, No.180), known as the Uniform Crime Reporting Act.

(13)  A member of the Fort Indiantown Gap Police Force.

§ 5951.  Confidential communications involving firefighters,

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first responders and corrections officers.

(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

firefighter, first responder or corrections officer secretly and

in confidence, may not be compelled or allowed without the

consent of the firefighter, first responder or corrections

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 firefighter, first responder or

corrections officer who receives crisis response services or

to other persons.

(2)  The firefighter, first responder or corrections

officer who received crisis response services gives express

consent to the testimony.

(3)  The firefighter, first responder or corrections

officer who received crisis response services is deceased and

the surviving spouse or the executor or administrator of the

estate of the deceased firefighter, first responder or

corrections officer gives express consent.

(4)  The firefighter, first responder or corrections

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 firefighter, first responder or

corrections officer who received crisis response services is

not germane to the relationship between the firefighter,

first responder or corrections officer and the team member.

(6)  The communication or advice pertains or is related

to any criminal act.

(c)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Corrections officer."  A corrections officer of the

Commonwealth or a political subdivision.

"Crisis response services."  Consultation, risk assessment,

referral and onsite crisis intervention services provided by a

critical incident stress management team to a firefighter, a

first responder or a corrections officer.

"Critical incident stress management team member."  An

individual specially trained to provide crisis response services

as a member of a crisis response team that holds membership in

the Commonwealth's critical incident stress management network.

"Firefighter."  A member of a municipal or volunteer fire

company.

"First responder."  An individual who is certified by the

Department of Health as a first responder.

Section 2.  This act shall take effect in 60 days.