1     
LAW ENFORCEMENT PEER COUNSELING AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Daniel W. Thatcher

5     
House Sponsor: Eric K. Hutchings

6     

7     LONG TITLE
8     General Description:
9          This bill creates and describes peer support services within law enforcement agencies.
10     Highlighted Provisions:
11          This bill:
12          ▸     provides for the creation of teams to provide peer support services in law
13     enforcement and emergency agencies;
14          ▸     requires that members of the peer support team receive training and be designated
15     as members of a team by the head of the employing agency;
16          ▸     provides that information a peer support team member receives from a person when
17     providing peer support services to that person may not be released, except in
18     specified circumstances; and
19          ▸     provides definitions.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     ENACTS:
26          78B-5-901, Utah Code Annotated 1953
27     


28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 78B-5-901 is enacted to read:
30     
Part 9. Law Enforcement Peer Counseling Disclosures

31          78B-5-901. Law enforcement peer counseling disclosures.
32          (1) This part is known as "Law Enforcement Peer Counseling Disclosures."
33          (2) As used in this chapter:
34          (a) "Communication" means an oral statement, written statement, note, record, report,
35     or document made during, or arising out of, a meeting between a law enforcement officer or
36     firefighter and a peer support team member.
37          (b) "Emergency medical service provider or rescue unit peer support team member"
38     means a person who is:
39          (i) an emergency medical service provider as defined in Section 26-8a-102, a regular or
40     volunteer member of a rescue unit acting as an emergency responder as defined in Section
41     53-2a-502, or another person who has been trained in peer support skills; and
42          (ii) designated by the supervisor of an emergency medical service agency or the chief
43     of a rescue unit as a member of an emergency medical service provider's peer support team or
44     as a member of a rescue unit's peer support team.
45          (c) "Law enforcement or firefighter peer support team member" means a person who
46     is:
47          (i) a peace officer, civilian employee, or volunteer member of a law enforcement
48     agency, a regular or volunteer member of a fire department, or another person who has been
49     trained in peer support skills; and
50          (ii) designated by the superintendent of the Utah Highway Patrol, a sheriff, a police
51     chief, or a fire chief as a member of a law enforcement agency's peer support team or a fire
52     department's peer support team.
53          (d) "Trained" means a person who has successfully completed a peer support training
54     program.
55          (3) (a) A law enforcement or firefighter peer support team member may not be
56     examined during a deposition or trial without the consent of the person to whom the peer
57     support team member has provided services regarding any communication made by the person
58     to the peer support team member under the circumstances described in Subsection (5).

59          (b) A recipient of individual peer support services may not be examined regarding peer
60     support communications without the recipient's consent.
61          (4) (a) An emergency medical service provider or rescue unit peer support team
62     member may not be examined without the consent of the person to whom peer support services
63     have been provided as to any communication made by the person to the peer support team
64     member under the circumstances described in Subsection (5).
65          (b) A recipient of individual peer support services may not be examined regarding peer
66     support communications without the recipient's consent.
67          (5) The provisions of Subsections (3) and (4) apply only to communications made
68     during individual interactions conducted by a peer support team member who is:
69          (a) acting in the member's capacity as a law enforcement or firefighter peer support
70     team member or an emergency medical service provider or rescue unit peer support team
71     member; and
72          (b) functioning within the written peer support guidelines that are in effect for the
73     person's respective law enforcement agency, fire department, emergency medical service
74     agency, or rescue unit.
75          (6) This section does not apply in cases in which:
76          (a) a law enforcement or firefighter peer support team member or emergency medical
77     service provider or rescue unit peer support team member was a witness or a party to an
78     incident that prompted the delivery of peer support services;
79          (b) information received by a peer support team member is indicative of actual or
80     suspected child abuse, or actual or suspected child neglect;
81          (c) due to alcohol or other substance intoxication or abuse, the person receiving peer
82     support is a clear and immediate danger to the person's self or others;
83          (d) there is reasonable cause to believe that the person receiving peer support has a
84     mental illness and, due to the mental illness, is an imminent threat to the person's self or others,
85     or is disabled; or
86          (e) the peer support team member has reasonable cause to believe there is information
87     indicative of any criminal conduct involving the individual receiving the peer support services.







Legislative Review Note
Office of Legislative Research and General Counsel