Peer Support Legislation

Article archive / June 2021

Originally published: . Volume 12, No. 6. Source pages: 6.

"Peer Support" Bill for Peace Officers Making Steady Progress

SB 66 was reported favorably out of the House committee and this week was read by title and passed to the third reading. It is waiting to be heard on the House floor after passing the Senate and House committee.

If passed it will be called the peace officer and public safety personnel peer support and mental health wellness act.

According to the newest digest, the proposed law says "Peer support session" means any communication by a peace officer or public safety personnel with a peer support member, primarily through listening, assessing, and assisting with problem-solving, and may include referring a peace officer or public safety personnel for professional intervention or treatment that is beyond the scope of the peer support member, and includes a group session following a critical incident experienced by a group of peace officers or public safety personnel.

It provides that any governmental entity that establishes a peer support program must ensure that peer support members successfully complete the training required by proposed law before being designated as a peer support member.

The law applies only to peer support sessions conducted by an employee or agent of a governmental entity who has both successfully completed peer support training and, at the time of the peer support session, has been designated by a governmental entity to act as a peer support.

The proposed law provides that information, reports, records, or communications in any form that are made, generated, received, or maintained in connection with a peer support program or session are deemed privileged and confidential, and are not public records.

Proposed law provides that the privilege and confidentiality created by proposed law are supplementary to any other statute, rule, or jurisprudence creating or relating to an applicable privilege, confidentiality, or public records exemption.

Proposed law provides that any governmental entity and its employees and agents (including peer support members) are immune from civil liability for any act or omission made in good faith while engaged in efforts to assist a peace officer or public safety personnel through a peer support program. Proposed law further provides that a person who in good faith reports information or takes action in connection with any peer support program is immune from civil liability for reporting or taking such action, but this immunity does not protect a person who makes a report known to be false or with reckless disregard for the truth.


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