The original instrument was prepared by Alden A. Clement, Jr. The following digest,
which does not constitute a part of the legislative instrument, was prepared by Cheryl
Serrett.
DIGEST
SB 66 Reengrossed 2021 Regular Session Bernard
Proposed law provides relative to peace officers and public safety personnel peer support, and
provides relative to legislative intent and public policy of the state with regard to the matters
addressed by proposed law.
Proposed law provides that a peace officer or public safety personnel cannot be mandated to
participate in a peer support session, except for participation in a peer support session following a
critical incident if required by a governmental entity.
Proposed law provides the following definitions:
(1)"Governmental entity" means any board, authority, commission, department, office, division,
or agency of the state or any of its political subdivisions.
(2)"Peace officer" means any of the following:
(a)An employee of the state or public agency whose permanent duties include making
arrests, performing searches and seizures, or executing criminal warrants, and who
is responsible for the prevention or detection of crime or the enforcement of the
penal, traffic, or highway laws of this state, but does not include any elected or
appointed head of a law enforcement department.
(b)A sheriff's deputy whose duties include the care, custody, and control of inmates.
(c)A military police officer within the Military Department, state of Louisiana.
(d)Security personnel employed by the La. Supreme Court.
(e)Security personnel employed by any court of appeal of the state.
(3)"Peer support member" means a person specially trained and certified to voluntarily provide
confidential emotional and moral support and assistance to peace officers and public safety
personnel and who is approved as a peer support member by the executive director of the
Louisiana Commission on Law Enforcement and Administration of Criminal Justice, but
need not be a peace officer or a licensed counselor or mental health professional.
(4)"Peer support program" means a program established by a governmental entity to provide
peer support services to peace officers and public safety personnel. (5)"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.
(6)"Peer support training" means training in peer support and critical incident stress conducted
by the Southern Law Enforcement Foundation, the International Critical Incident Stress
Foundation, Inc., or an equivalent program as approved by the executive director of the
Louisiana Commission on Law Enforcement and Administration of Criminal Justice.
(7)"Public safety personnel" means an employee of a governmental entity who, by virtue of his
job duties, provides support to peace officers, including but not limited to a dispatcher,
public safety telecommunicator, crime scene and crime laboratory technician, and criminal
analyst.
Proposed law 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.
Proposed 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
member.
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 except as provided by law, no person, including a peer support member,
can disclose any information relating to a peer support session to any other person without the prior
written approval of the peace officer or public safety personnel who is the subject of the peer support
session, or his legal successor. However, proposed law provides that this does not prohibit or limit
communication between peer support members, and does not prohibit or limit peer support members
from sharing among themselves information about a peace officer or public safety personnel for
purposes of furthering the goals of proposed law. Proposed law further provides that a governmental
entity is not prohibited from compiling and maintaining statistics relating to a peer support program
or session, but these statistics cannot contain information that could identify a peace officer or public
safety personnel participating in a session or program.
Proposed law provides that a person cannot be required to disclose, under subpoena or public records
request, any records, documents, opinions, or decisions relating to information made privileged and
confidential by proposed law either in connection with an administrative or court case, or by way of
any discovery procedure or public records request. 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 person who reveals the contents of a privileged or confidential
communication, or any person who threatens, intimidates, or attempts to compel a peer support
member to disclose the contents of a privileged communication, is subject to any discipline or
penalties imposed by the governmental entity. Additionally, proposed law provides that such person
is guilty of a misdemeanor and will be fined up to $1,000, or imprisoned for up to six months, or
both.
Proposed law provides that the privilege and confidentiality created by proposed law does not apply
to:
(1)A threat of suicide or homicide made by a peace officer or public safety personnel in a peer
support session or any information related thereto.
(2)Information mandated by law to be reported, including information relating to child or
elderly abuse or neglect, or domestic violence.
(3)Any communication that reveals the commission of a crime.
(4)Any communication that reveals the intended commission of a crime or harmful act.
(5)Any communication made to a peer support member not in connection with a peer support
session, or when the peer support member responded to, was a witness to, or was a party to,
an incident in a capacity other than a peer support member.
Proposed law does not limit the discovery or introduction in evidence of knowledge acquired by a
peace officer or public safety personnel from observations made during the course of employment,
or material or information acquired during the course of employment, that was not discovered during
a peer support session and is otherwise subject to discovery or introduction in evidence.
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.
Proposed law provides that the civil immunity created by proposed law is to be liberally construed
to accomplish the purposes of proposed law.
Present law provides relative to the Public Records Law and provides exemptions from present law. Proposed law retains present law and adds that the Public Records Law does not apply to records,
files, documents, and communications, and information contained therein, that are made, generated,
received, or maintained by or in connection with a peace officer and public safety personnel peer
support program or session conducted by a trained peer support member. Also adds that Public
Records Law does not apply to any records, files, documents, and communications, and any
information contained therein, that are made, generated, received, or maintained by the Louisiana
Commission on Law Enforcement and Administration of Criminal Justice relating to personal
information of approved peer support members.
Effective August 1, 2021.
(Adds R.S. 40:2411 and R.S. 44:4(59))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the original bill
1. Deletes the requirement in the definition of "peer support member" that the member
be approved by the governmental entity that established the peer support program.
Senate Floor Amendments to engrossed bill
1. Clarify the definitions of "peer support member" and "peer support training".
2. Clarify that when peer support information may be disclosed without written
approval of the peace officer who is the subject of a peer support session.
3. Clarify that privilege and confidentiality does not apply to commission of a crime or
the intended commission of a crime or harmful act.
4. Provide that records that the Public Records Law does not apply to any records, files,
documents, and information made, generated, received, or maintained by the
Louisiana Commission on Law Enforcement and Administration of Criminal Justice
relating to certain peer support members.
5. Make technical corrections.