98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5898

 

Introduced , by Rep. Dan Brady

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Public Safety Peer Support Counseling Confidentiality Act. Provides that any communication made by a participant or counselor in a peer support counseling session conducted by a law enforcement agency or by an emergency services provider for public safety personnel or emergency services personnel, and any oral or written information conveyed in the peer support counseling session, is confidential and may not be disclosed by any person participating in the peer support counseling session. Provides that any communication relating to a peer support counseling session made confidential that is made between counselors, between counselors and the supervisors or staff of an employee assistance program, or between the supervisors or staff of an employee assistance program, is confidential and may not be disclosed. Provides exemptions. Effective immediately.


LRB098 17702 RLC 52817 b

 

 

A BILL FOR

 

HB5898LRB098 17702 RLC 52817 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Public
5Safety Peer Support Counseling Confidentiality Act.
 
6    Section 5. Peer support counseling sessions;
7confidentiality; admissibility of evidence.
8    (a) As used in this Section:
9        "Emergency services personnel" means any employee of
10    an emergency services provider who is engaged in providing
11    firefighting services.
12        "Emergency services provider" means any public
13    employer that employs persons to provide firefighting
14    services.
15        "Employee assistance program" means a program
16    established by a law enforcement agency or emergency
17    services provider to provide counseling or support
18    services to employees of the law enforcement agency or
19    emergency services provider.
20        "Law enforcement agency" means any county sheriff,
21    municipal police department, the Illinois State Police,
22    any police department established by an institution of
23    higher education, and any State or local public body that

 

 

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1    employs public safety personnel.
2        "Public safety personnel" means a sheriff, deputy
3    sheriff, municipal police officer, police officer
4    commissioned by an institution of higher education, State
5    police officer, parole and probation officer, corrections
6    employee, certified reserve officer, telecommunicator, or
7    emergency medical dispatcher.
8    (b) Any communication made by a participant or counselor in
9a peer support counseling session conducted by a law
10enforcement agency or by an emergency services provider for
11public safety personnel or emergency services personnel, and
12any oral or written information conveyed in the peer support
13counseling session, is confidential and may not be disclosed by
14any person participating in the peer support counseling
15session.
16    (c) Any communication relating to a peer support counseling
17session made confidential under subsection (b) of this Section
18that is made between counselors, between counselors and the
19supervisors or staff of an employee assistance program, or
20between the supervisors or staff of an employee assistance
21program, is confidential and may not be disclosed.
22    (d) This Section applies only to peer support counseling
23sessions conducted by an employee or other person who:
24        (1) has been designated by a law enforcement agency or
25    emergency services provider, or by an employee assistance
26    program, to act as a counselor; and

 

 

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1        (2) has received training in counseling and in
2    providing emotional and moral support to public safety
3    personnel or emergency services personnel who have been
4    involved in emotionally traumatic incidents by reason of
5    their employment.
6    (e) This Section applies to all oral communications, notes,
7records, and reports arising out of a peer support counseling
8session. Any notes, records, or reports arising out of a peer
9support counseling session are not public records for the
10purpose of the Freedom of Information Act.
11    (f) Any communication made by a participant or counselor in
12a peer support counseling session subject to this Section, and
13any oral or written information conveyed in a peer support
14counseling session subject to this Section, is not admissible
15in any judicial proceeding, administrative proceeding,
16arbitration proceeding, or other adjudicatory proceeding.
17Communications and information made confidential under this
18Section may not be disclosed by the participants in any
19judicial proceeding, administrative proceeding, arbitration
20proceeding or other adjudicatory proceeding. The limitations
21on disclosure imposed by this subsection include disclosure
22during any discovery conducted as part of an adjudicatory
23proceeding.
24    (g) Nothing in this Section limits the discovery or
25introduction in evidence of knowledge acquired by any public
26safety personnel or emergency services personnel from

 

 

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1observation made during the course of employment, or material
2or information acquired during the course of employment, that
3is otherwise subject to discovery or introduction in evidence.
4    (h) This Section does not apply to:
5        (1) any threat of suicide or homicide made by a
6    participant in a peer support counseling session, or any
7    information conveyed in a peer support counseling session
8    relating to a threat of suicide or homicide;
9        (2) any information relating to abuse of children or of
10    the elderly, or other information that is required to be
11    reported by law; or
12        (3) any admission of criminal conduct.
13    (i) This Section does not prohibit any communications
14between counselors who conduct peer support counseling
15sessions, or any communications between counselors and the
16supervisors or staff of an employee assistance program.
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.