Enacts the "Lieutenant Joseph Banish mental health act", the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6721--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 11, 2025
                                ___________
 
 Introduced  by  M. of A. GRIFFIN, SOLAGES, STERN, BERGER, PHEFFER AMATO,
   McDONALD, STECK, SCHIAVONI,  KAY,  McMAHON,  BUTTENSCHON,  BRAUNSTEIN,
   O'PHARROW,  SAYEGH, RAJKUMAR, ROZIC, CONRAD, SHIMSKY, LUNSFORD, RAMOS,
   CLARK, KASSAY, YEGER, WILLIAMS, HEVESI, LAVINE, BARRETT, TAPIA, SIMON,
   COLTON, HOOKS, WIEDER -- read once and referred to  the  Committee  on
   Judiciary  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the executive law, in relation  to  providing  confiden-
   tiality for communications arising out of law enforcement peer support
   counseling
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "Lieutenant Joseph Banish mental health act".
   §  2.  The  executive  law is amended by adding a new section 837-z to
 read as follows:
   § 837-Z. LAW ENFORCEMENT PEER SUPPORT PROGRAM.  1.    DEFINITIONS.  AS
 USED  IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
 INGS:
   (A) "LAW ENFORCEMENT AGENCY" MEANS ANY DEPARTMENT,  DIVISION,  AGENCY,
 BOARD,  COMMISSION,  OR PUBLIC AUTHORITY OF THE STATE OR ANY SUBDIVISION
 THEREOF THAT EMPLOYS POLICE OFFICERS.
   (B) "POLICE OFFICER" MEANS A POLICE OFFICER AS DEFINED IN SECTION 1.20
 OF THE CRIMINAL PROCEDURE LAW.
   (C) "PEER SUPPORT COMMUNICATION" INCLUDES:
   (I) AN ORAL OR WRITTEN COMMUNICATION MADE IN  THE  COURSE  OF  A  PEER
 SUPPORT COUNSELING SESSION;
   (II)  A  NOTE  OR  REPORT  ARISING  OUT  OF  A PEER SUPPORT COUNSELING
 SESSION; OR
   (III) A RECORD OF A PEER SUPPORT COUNSELING SESSION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06860-04-5
 A. 6721--A                          2
 
   (D) "PEER SUPPORT COUNSELING PROGRAM" MEANS A PROGRAM  PROVIDED  BY  A
 LAW  ENFORCEMENT  AGENCY  THAT  PROVIDES COUNSELING SERVICES FROM A PEER
 SUPPORT SPECIALIST TO A POLICE OFFICER OF THE LAW ENFORCEMENT AGENCY.
   (E)  "PEER  SUPPORT  COUNSELING SESSION" MEANS ANY COUNSELING FORMALLY
 PROVIDED THROUGH A  PEER  SUPPORT  COUNSELING  PROGRAM  BETWEEN  A  PEER
 SUPPORT SPECIALIST AND ONE OR MORE POLICE OFFICERS.
   (F)  "PEER  SUPPORT  PARTICIPANT"  MEANS A POLICE OFFICER WHO RECEIVES
 COUNSELING SERVICES FROM A PEER SUPPORT SPECIALIST.
   (G) "PEER SUPPORT SPECIALIST" MEANS A POLICE OFFICER WHO:
   (I) HAS  RECEIVED  TRAINING  IN  PEER  SUPPORT  COUNSELING,  INCLUDING
 PROVIDING  EMOTIONAL  AND MORAL SUPPORT TO POLICE OFFICERS WHO HAVE BEEN
 INVOLVED IN OR EXPOSED TO AN EMOTIONALLY  TRAUMATIC  EXPERIENCE  IN  THE
 COURSE OF EMPLOYMENT; AND
   (II) IS DESIGNATED BY A LAW ENFORCEMENT AGENCY TO PROVIDE THE SERVICES
 DESCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH.
   2.  CONFIDENTIALITY.  EXCEPT  AS PROVIDED IN SUBDIVISION THREE OF THIS
 SECTION, A PEER SUPPORT SPECIALIST OR PEER SUPPORT PARTICIPANT SHALL NOT
 DISCLOSE THE CONTENTS OF A PEER SUPPORT COMMUNICATION TO  AN  INDIVIDUAL
 WHO WAS NOT A PARTY TO SUCH PEER SUPPORT COMMUNICATION.
   3. EXCEPTIONS.
   (A) A PEER SUPPORT SPECIALIST OR PEER SUPPORT PARTICIPANT MAY DISCLOSE
 THE CONTENTS OF A PEER SUPPORT COMMUNICATION THAT CONTAINS OR REVEALS:
   (I)  A SPECIFIC THREAT OF SUICIDE, AN EXPRESSION OF SUICIDAL IDEATION,
 OR ENGAGEMENT IN SELF-HARM;
   (II) A THREAT OF BODILY HARM OR DEATH; OR
   (III) INFORMATION RELATING TO THE ABUSE OR NEGLECT OF A CHILD.
   (B) A PEER  SUPPORT  SPECIALIST  OR  PEER  SUPPORT  PARTICIPANT  SHALL
 DISCLOSE THE CONTENTS OF A PEER SUPPORT COMMUNICATION:
   (I) THAT IS REQUIRED BY LAW TO BE REPORTED;
   (II) THAT CONTAINS AN ADMISSION OF CRIMINAL CONDUCT; OR
   (III) AS ORDERED BY A COURT OF COMPETENT JURISDICTION.
   (C) A PEER SUPPORT PARTICIPANT MAY AT ANY TIME GIVE THEIR CONSENT TO A
 PEER  SUPPORT  SPECIALIST  OR  PEER  SUPPORT PARTICIPANT TO DISCLOSE THE
 CONTENTS OF THEIR OWN PEER SUPPORT COMMUNICATION.
   4. WRITTEN NOTICE. BEFORE THE INITIAL PEER SUPPORT COUNSELING  SESSION
 OF  A  PEER  SUPPORT PARTICIPANT, A PEER SUPPORT SPECIALIST SHALL INFORM
 THE PEER SUPPORT PARTICIPANT IN WRITING OF THE CONFIDENTIALITY  REQUIRE-
 MENT  UNDER  SUBDIVISION  TWO OF THIS SECTION AND THE EXCEPTIONS TO THAT
 REQUIREMENT UNDER SUBDIVISION THREE OF THIS SECTION.
   5. RULES AND REGULATIONS.   THE DIVISION SHALL  PROMULGATE  RULES  AND
 REGULATIONS  NECESSARY TO EFFECTUATE THIS SECTION AND SHALL BE EMPOWERED
 TO IDENTIFY MINIMUM CERTIFICATIONS REQUIRED OF TRAINED MEMBERS, APPROVED
 TRAINING COURSES, RECORD KEEPING REQUIREMENTS, AND  RETRAINING  REQUIRE-
 MENTS.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.    Effective  immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.