EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike out indicates matter stricken from the bill by amendment or deleted from the law by amendment. *hb0309* HOUSE BILL 309 E4 5lr1783 CF SB 326 By: Delegate Cardin Introduced and read first time: January 10, 2025 Assigned to: Judiciary Committee Report: Favorable House action: Adopted Read second time: March 1, 2025 CHAPTER ______ AN ACT concerning 1 Public Safety – Law Enforcement Agencies – Peer Support Programs 2 FOR the purpose of establishing certain confidentiality requirements for peer support 3 counseling programs for law enforcement agencies; and generally relating to peer 4 support programs for law enforcement agencies. 5 BY adding to 6 Article – Public Safety 7 Section 3–534 8 Annotated Code of Maryland 9 (2022 Replacement Volume and 2024 Supplement) 10 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11 That the Laws of Maryland read as follows: 12 Article – Public Safety 13 3–534. 14 (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 15 INDICATED. 16 (2) “PEER SUPPORT PROGRAM ” MEANS A PROGRAM PROV IDED BY A 17 LAW ENFORCEMENT AGEN CY OR THE FRATERNAL ORDER OF POLICE THAT 18 2 HOUSE BILL 309 PROVIDES COUNSELING SERVICES FROM A PEER SUPPORT SPECIALIST T O A LAW 1 ENFORCEMENT OFFICER . 2 (3) “PEER SUPPORT SPECIALI ST” MEANS A LAW ENFORCEMENT 3 OFFICER OR A MEMBER OF THE FRATERNAL ORDER OF POLICE WHO: 4 (I) HAS RECEIVED TRAININ G IN PEER SUPPORT , INCLUDING 5 EMOTIONAL AND MORAL SUPPORT TO LAW ENFOR CEMENT OFFICERS WHO HAVE 6 BEEN INVOLVED IN OR EXPOSED TO AN EMOTIO NALLY TRAUMATIC EXPE RIENCE IN 7 THE COURSE OF DUTY A S A LAW ENFORCEMENT OFFICER; AND 8 (II) IS DESIGNATED BY THE LAW ENFORCEMENT AGEN CY TO 9 PROVIDE THE SERVICES DESCRIBED IN ITEM (I) OF THIS PARAGRAPH . 10 (B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 11 PEER SUPPOR T SPECIALIST OR PEER SUPPORT PROGRAM PART ICIPANT MAY NOT 12 DISCLOSE THE CONTENT S OF ANY WRITTEN OR ORAL COMMUNICATION R EGARDING 13 A PEER SUPPORT INTER ACTION. 14 (2) PARAGRAPH (1) OF THIS SUBSECTION D OES NOT APPLY IF: 15 (I) THE COMMUNICATION CO NTAINS: 16 1. AN EXPLICIT THREAT O F SUICIDE, THE DISCLOSURE 17 OF WHICH THE PEER SU PPORT SPECIALIST BEL IEVES IS NECESSARY T O AVOID A 18 SUICIDE ATTEMPT ; 19 2. AN EXPLICIT THREAT O F IMMINENT AND SERIO US 20 BODILY HARM OR DEATH TO A CLEARLY IDENTIF IED OR IDENTIFIABLE INDIVIDUAL; 21 3. INFORMATION RELATING TO THE ABUSE OR NEGL ECT 22 OF A CHILD OR VULNER ABLE ADULT, OR ABUSE OR NEGLECT THAT IS OTHERWISE 23 REQUIRED TO BE REPOR TED BY LAW; OR 24 4. THE ADMISSION OF CRI MINAL CONDUCT ; 25 (II) THE DISCLOSURE IS AU THORIZED BY EACH PEE R SUPPORT 26 PROGRAM PARTICIPANT WHO WAS A PARTY TO T HE COMMUNICATION ; OR 27 (III) A COURT OF COMPETENT JURISDICTION ISSUES AN ORDER 28 OR SUBPOENA REQUIRIN G THE DISCLOSURE OF THE COMMUNICATION . 29 HOUSE BILL 309 3 (3) BEFORE THE INITIAL PE ER SUPPORT INTERACTI ON WITH A PEER 1 SUPPORT PROGRAM PARTICIPANT , A PEER SUPPORT SPECI ALIST SHALL INFORM 2 THE PEER SUPPORT PRO GRAM PARTICIPANT IN WRITING OF THE CONFI DENTIALITY 3 PROVISIONS IN THIS S UBSECTION. 4 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 5 October 1, 2025. 6 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ Speaker of the House of Delegates. ________________________________________________________________________________ President of the Senate.