Arizona 2024 Regular Session

Arizona Senate Bill SB1071 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	House Engrossed Senate Bill peer support teams; information; disclosure State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024 CHAPTER 171 SENATE BILL 1071 An Act amending section 38-1111, Arizona Revised Statutes; relating to public safety officers. (TEXT OF BILL BEGINS ON NEXT PAGE)
	1	+	House Engrossed Senate Bill peer support teams; information; disclosure State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024 SENATE BILL 1071 An Act amending section 38-1111, Arizona Revised Statutes; relating to public safety officers. (TEXT OF BILL BEGINS ON NEXT PAGE)
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5	11		House Engrossed Senate Bill peer support teams; information; disclosure
6	12		State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
7		-	CHAPTER 171
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10	15		House Engrossed Senate Bill
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22	29		State of Arizona
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38		-	~~CHAPTER 171~~
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42		-	SENATE BILL 1071
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50	55		An Act
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54	59		amending section 38-1111, Arizona Revised Statutes; relating to public safety officers.
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60	65		(TEXT OF BILL BEGINS ON NEXT PAGE)
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64	69		Be it enacted by the Legislature of the State of Arizona: Section 1. Section 38-1111, Arizona Revised Statutes, is amended to read: START_STATUTE38-1111. Critical incident stress management team members; peer support team members; privilege; exceptions; definitions A. Except as provided in subsection B of this section, a critical incident stress management team member or peer support team member who, in the course of the member's response to a critical incident at the request of the member or member's agency, acquires information secretly and in confidence from a designated person shall not be compelled to disclose that information in a legal proceeding, trial or investigation before any agency of this state or a political subdivision of this state. B. Subsection A of this section does not apply if: 1. The communication or advice indicates clear and present danger to the designated person who received crisis response services or to other persons. 2. The designated person who received crisis response services gives express consent to the testimony. 3. The communication or advice is made during the course of a criminal investigation. 4. The designated person who received crisis response services voluntarily testifies, in which case the critical incident stress management team member or peer support team member may be compelled to testify on the same subject. 5. A breach of department agency policy exists and that breach amounts to a violation of laws that are normally enforced by law enforcement. C. For the purposes of this section: 1. "Agency" means the branch of government, political SUBDIVISION of this state or joint powers authority in which a DESIGNATED person is employed. 2. "Civilian employee" means a nonsworn member of an agency or peer support team. 1. 3. "Crisis response services" means consultation, risk assessment, referral and onsite on-site crisis intervention services provided by a critical incident stress management team, peer support team or peer support team member to a designated person. 2. 4. "Critical incident stress management team member" means an individual who has completed training through a recognized organization that delivers critical incident stress management training and who is part of a law enforcement, probation, firefighter or emergency medical provider crisis response team. 3. "Department" means the branch of government in which a designated person is employed. 4. 5. "Designated person" means an emergency medical provider, firefighter or law enforcement officer or a civilian employee of an agency. 5. 6. "Emergency medical provider" means municipal, fire district or state emergency medical services personnel or emergency medical services personnel under a joint powers authority. 6. 7. "Firefighter" means a municipal, fire district or state firefighter or a firefighter under a joint powers authority. 7. 8. "Law enforcement officer" means: (a) An individual who is certified by the Arizona peace officer standards and training board, other than a person employed by a multi-county water conservation district. (b) A detention officer or correction officer, other than a probationary employee, who is employed by this state or a political subdivision of this state. 9. "Licensed mental health professional" means a licensed individual who specializes in trauma and crisis, who uses evidence-based treatment options and who is one of the following: (a) A psychiatrist who is licensed pursuant to title 32, chapter 13 or 17 or who holds an EQUIVALENT license in another state. (b) A psychologist who is licensed pursuant to title 32, chapter 19.1 or who holds an EQUIVALENT license in another state. (c) A mental health professional who is licensed pursuant to title 32, chapter 33 or who holds an EQUIVALENT license in another state and who holds either a master's or doctoral degree related to the mental health profession. (d) A mental health nurse practitioner or a psychiatric clinical nurse specialist who is licensed pursuant to title 32, chapter 15 or who holds an EQUIVALENT license in another state. 10. "Member" means a critical incident stress management team member or a peer support team member. 11. "Peer support team" means a group of INDIVIDUALS that is DESIGNATED BY an AGENCY OR an AGENCY'S AUTHORIZED AFFILIATE And that is trained in all of the following areas: (a) COMPASSION FATIGUE. (b) CRISIS SUPPORT. (c) GRIEF AND LOSS RESILIENCY. (d) MOTIVATIONAL INTERVIEWING. (e) SUICIDE PREVENTION. 12. "Peer support team member" means An individual who has completed training that is provided by a licensed mental health professional through a recognized organization that offers peer support training or critical incident stress management training and who is part of any of the following: (a) A law enforcement CRISIS RESPONSE TEAM. (b) A probation officer CRISIS RESPONSE TEAM. (c) A firefighter CRISIS RESPONSE TEAM. (d) An emergency medical provider CRISIS RESPONSE TEAM. END_STATUTE
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66	71		Be it enacted by the Legislature of the State of Arizona:
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68	73		Section 1. Section 38-1111, Arizona Revised Statutes, is amended to read:
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70	75		START_STATUTE38-1111. Critical incident stress management team members; peer support team members; privilege; exceptions; definitions
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72	77		A. Except as provided in subsection B of this section, a critical incident stress management team member or peer support team member who, in the course of the member's response to a critical incident at the request of the member or member's agency, acquires information secretly and in confidence from a designated person shall not be compelled to disclose that information in a legal proceeding, trial or investigation before any agency of this state or a political subdivision of this state.
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74	79		B. Subsection A of this section does not apply if:
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76	81		1. The communication or advice indicates clear and present danger to the designated person who received crisis response services or to other persons.
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78	83		2. The designated person who received crisis response services gives express consent to the testimony.
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80	85		3. The communication or advice is made during the course of a criminal investigation.
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82	87		4. The designated person who received crisis response services voluntarily testifies, in which case the critical incident stress management team member or peer support team member may be compelled to testify on the same subject.
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84	89		5. A breach of department agency policy exists and that breach amounts to a violation of laws that are normally enforced by law enforcement.
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86	91		C. For the purposes of this section:
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88	93		1. "Agency" means the branch of government, political SUBDIVISION of this state or joint powers authority in which a DESIGNATED person is employed.
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90	95		2. "Civilian employee" means a nonsworn member of an agency or peer support team.
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92	97		1. 3. "Crisis response services" means consultation, risk assessment, referral and onsite on-site crisis intervention services provided by a critical incident stress management team, peer support team or peer support team member to a designated person.
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94	99		2. 4. "Critical incident stress management team member" means an individual who has completed training through a recognized organization that delivers critical incident stress management training and who is part of a law enforcement, probation, firefighter or emergency medical provider crisis response team.
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96	101		3. "Department" means the branch of government in which a designated person is employed.
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98	103		4. 5. "Designated person" means an emergency medical provider, firefighter or law enforcement officer or a civilian employee of an agency.
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100	105		5. 6. "Emergency medical provider" means municipal, fire district or state emergency medical services personnel or emergency medical services personnel under a joint powers authority.
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102	107		6. 7. "Firefighter" means a municipal, fire district or state firefighter or a firefighter under a joint powers authority.
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104	109		7. 8. "Law enforcement officer" means:
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106	111		(a) An individual who is certified by the Arizona peace officer standards and training board, other than a person employed by a multi-county water conservation district.
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108	113		(b) A detention officer or correction officer, other than a probationary employee, who is employed by this state or a political subdivision of this state.
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110	115		9. "Licensed mental health professional" means a licensed individual who specializes in trauma and crisis, who uses evidence-based treatment options and who is one of the following:
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112	117		(a) A psychiatrist who is licensed pursuant to title 32, chapter 13 or 17 or who holds an EQUIVALENT license in another state.
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114	119		(b) A psychologist who is licensed pursuant to title 32, chapter 19.1 or who holds an EQUIVALENT license in another state.
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116	121		(c) A mental health professional who is licensed pursuant to title 32, chapter 33 or who holds an EQUIVALENT license in another state and who holds either a master's or doctoral degree related to the mental health profession.
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118	123		(d) A mental health nurse practitioner or a psychiatric clinical nurse specialist who is licensed pursuant to title 32, chapter 15 or who holds an EQUIVALENT license in another state.
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120	125		10. "Member" means a critical incident stress management team member or a peer support team member.
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122	127		11. "Peer support team" means a group of INDIVIDUALS that is DESIGNATED BY an AGENCY OR an AGENCY'S AUTHORIZED AFFILIATE And that is trained in all of the following areas:
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124	129		(a) COMPASSION FATIGUE.
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126	131		(b) CRISIS SUPPORT.
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128	133		(c) GRIEF AND LOSS RESILIENCY.
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130	135		(d) MOTIVATIONAL INTERVIEWING.
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132	137		(e) SUICIDE PREVENTION.
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134	139		12. "Peer support team member" means An individual who has completed training that is provided by a licensed mental health professional through a recognized organization that offers peer support training or critical incident stress management training and who is part of any of the following:
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136	141		(a) A law enforcement CRISIS RESPONSE TEAM.
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138	143		(b) A probation officer CRISIS RESPONSE TEAM.
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140	145		(c) A firefighter CRISIS RESPONSE TEAM.
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142	147		(d) An emergency medical provider CRISIS RESPONSE TEAM. END_STATUTE
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144		-	APPROVED BY THE GOVERNOR APRIL 23, 2024. FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 23, 2024.
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152		-	APPROVED BY THE GOVERNOR APRIL 23, 2024.
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156		-	FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 23, 2024.