SENATE AMENDED

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, WALKO AND READSHAW, APRIL 22, 2009

SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED, JANUARY 26, 2010   

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,

firefighters, first responders and corrections officers 

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public safety responders and corrections officers and for

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confidential communications to a peer support member by law

enforcement 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 sections to read:

§ 5950.  Confidential communications involving law enforcement

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officers.

(a)  Disclosure.--Except as provided under subsection (b) 

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(c), a critical incident stress management team member who,

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while in the course of his duties duty, has acquired information

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from any law enforcement officer secretly and in confidence, may

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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.

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(b)  Exceptions.--The testimonial privilege established under

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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.

(b)  Coparticipants.--Except as provided under subsection

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(c), a coparticipant who is present during the course of a

critical incident stress management team intervention may not be

compelled or allowed, without the consent of the affected law

enforcement officer, to disclose any communication made during

the intervention in a legal proceeding, trial, or investigation

before a government unit.

(c)  Exceptions.--The privilege established under subsections

(a) and (b) shall not apply if any of the following apply:

(1)  The communication indicates clear and present danger

to the law enforcement officer who received critical incident

stress management services or to other individuals.

(2)  The law enforcement officer who received crisis

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response critical incident stress management services gives

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express consent to the testimony disclosure.

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(3)  The law enforcement officer who received crisis

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response critical incident stress management services is

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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

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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.

(4)  The court in camera determines that the information

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communicated by the law enforcement officer who received

critical incident stress management services pertains to or

is related to criminal acts of intent committed or

contemplated by the law enforcement officer.

(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,

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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

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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.

"Coparticipant."  An individual who participates in a group

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critical incident stress management team intervention.

"Critical incident."  A situation responded to by a law

enforcement officer which presents or involves either the death

or serious bodily injury of an individual or the imminent

potential of such death or serious bodily injury, or any

situation faced by a law enforcement officer in the course of

duty which causes the law enforcement officer to experience

unusually strong negative emotional reactions.

"Critical incident stress management services."

Consultation, risk assessment, education, intervention,

briefing, defusing, debriefing, onsite services, referral and

other crisis intervention services provided by a critical

incident stress management team to a law enforcement officer

prior to, during or after a critical incident.

"Critical incident stress management team member."  An

individual who is specially trained to provide critical incident

stress management services as a member of a police agency or

organization critical incident stress management team that holds

membership in the Commonwealth's critical incident stress

management network.

"Government unit."  The General Assembly and its officers and

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agencies; the Governor and the departments, boards, commissions,

authorities and officers and agencies of the Commonwealth or

other instrumentalities thereof; any political subdivision,

municipality, school district or other local authority and the

departments, boards, commissions, authorities and officers and

agencies of such political subdivisions or other

instrumentalities thereof; and any court or other officer or

agency of the unified judicial system or instrumentality

thereof.

"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, region, city,

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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 public safety responders and corrections

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officers.

(a)  Disclosure.--Except as provided under subsection (b) 

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(c), a critical incident stress management team member who,

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while in the course of his duties duty, has acquired information

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from any firefighter, first public safety responder or

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corrections officer secretly and in confidence, may not be

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compelled or allowed without the consent of the firefighter,

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first public safety responder or corrections officer to disclose

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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.

(b)  Coparticipants.--Except as provided under subsection

<--

(c), a coparticipant who is present during the course of a

critical incident stress management team intervention may not be

compelled or allowed, without the consent of the affected public

safety responder or corrections officer, to disclose any

communication made during the intervention in a legal

proceeding, trial, or investigation before a government unit.

(c)  Exceptions.--The privilege established under subsections

(a) and (b) shall not apply if any of the following apply:

(1)  The communication indicates clear and present danger

to the public safety responder or corrections officer who

received critical incident stress management services or to

other individuals.

(2)  The firefighter, first public safety responder or

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corrections officer who received crisis response critical

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incident stress management services gives express consent to

the testimony.

(3)  The firefighter, first public safety responder or

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corrections officer who received crisis response critical

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incident stress management services is deceased and the

surviving spouse or the executor or administrator of the

estate of the deceased firefighter, first public safety 

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responder or corrections officer gives express consent.

(4)  The firefighter, first responder or corrections

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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.

(4)  The court in camera determines that the information

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communicated by the public safety responder or corrections

officer who received critical incident stress management

services pertains to or is related to criminal acts of intent

committed or contemplated by the public safety responder or

corrections officer.

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

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

subsection:

"Coparticipant."  An individual who is participating in a

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group critical incident stress management team intervention.

"Corrections officer."  A corrections officer of the

Commonwealth or a political subdivision.

"Crisis response services."  Consultation, risk assessment,

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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.

"Critical incident."  A situation responded to by a public

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safety responder or corrections officer which presents or

involves either the death or serious bodily injury of an

individual or the imminent potential of such death or serious

bodily injury, or any situation faced by a public safety

responder or corrections officer in the course of duty which

causes the public safety responder or corrections officer to

experience unusually strong negative emotional reactions.

"Critical incident stress management services."

Consultation, risk assessment, education, intervention,

briefing, defusing, debriefing, onsite services, referral and

other crisis intervention services provided by a critical

incident stress management team to a public safety responder or

corrections officer prior to, during or after a critical

incident.

"Critical incident stress management team member."  An

individual who is specially trained to provide critical incident

stress management services as a member of a critical incident

stress management 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.

"Government unit."  The General Assembly and its officers and

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agencies; the Governor and the departments, boards, commissions,

authorities and officers and agencies of the Commonwealth or

other instrumentalities thereof; any political subdivision,

municipality, school district, local authority and the

departments, boards, commissions, authorities and officers and

agencies of such political subdivisions or other

instrumentalities thereof; and any court or other officer or

agency of the unified judicial system or instrumentality

thereof.

"Public safety responder."  Any firefighter, emergency

medical service personnel, ambulance service personnel or

emergency telecommunicator, who in a critical incident are

responsible for the protection and preservation of life,

property, evidence and the environment, including an emergency

response provider as defined in section 2 of the Homeland

Security Act of 2002 (Public Law 107-296, 116 Stat. 2135), and

emergency management, and other skilled support personnel who

provide immediate support services during prevention, response

and recovery operations.

§ 5952.  Confidential communications to peer support members.

(a)  Disclosure.--Except as provided under subsection (c), a

peer support member who, while in the course of duty, has

acquired information from a law enforcement officer in

confidence, may not be compelled or allowed without the consent

of the law enforcement officer to disclose that information in

any legal proceeding, trial, or investigation before any

government unit.

(b)  Coparticipants.--Except as provided under subsection

(c), a coparticipant who is present during the provision of peer

support services may not be compelled or allowed, without the

consent of the affected law enforcement officer, to disclose any

communication made during the provision of peer support services

in a legal proceeding, trial, or investigation before a

government unit.

(c)  Exceptions.--The privilege established under subsections

(a) and (b) shall not apply if any of the following apply:

(1)  The communication indicates clear and present danger

to the law enforcement officer who received peer support

services or to other individuals.

(2)  The law enforcement officer who received peer

support services gives express consent to the disclosure.

(3)  The law enforcement officer who received peer

support 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 court in camera determines that the information

communicated by the law enforcement officer who received peer

support services pertains to or is related to criminal acts

of intent committed or contemplated by the law enforcement

officer.

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

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

subsection:

"Coparticipant."  An individual who participates in the

provision of peer support services.

"Government unit."  The General Assembly and its officers and

agencies; the Governor and the departments, boards, commissions,

authorities and officers and agencies of the Commonwealth or

other instrumentalities thereof; any political subdivision,

municipality, school district, local authority and the

departments, boards, commissions, authorities and officers and

agencies of such political subdivisions or other

instrumentalities thereof; and any court or other officer or

agency of the unified judicial system or instrumentality

thereof.

"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, region, city,

borough, town or township.

(9)  Any sheriff or deputy sheriff.

(10)  A member of the Pennsylvania Fish and Boat

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.

"Peer support member."  A law enforcement officer who:

(1)  Is assigned by a law enforcement agency.

(2)  Receives a minimum of 24 hours of basic training in

peer services, including listening, assessment and referral

skills and basic critical incident stress management.

(3)  Receives eight hours of continuing training each

year.

(4)  May be supervised by licensed psychologists.

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