| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW. | |
| 4 | 4 | [Brackets] indicate matter deleted from existing law. | |
| 5 | - | Underlining indicates amendments to bill. | |
| 6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | - | amendment. | |
| 8 | 5 | *hb0309* | |
| 9 | 6 | ||
| 10 | 7 | HOUSE BILL 309 | |
| 11 | 8 | E4 5lr1783 | |
| 12 | - | CF | |
| 9 | + | CF 5lr0726 | |
| 13 | 10 | By: Delegate Cardin | |
| 14 | 11 | Introduced and read first time: January 10, 2025 | |
| 15 | 12 | Assigned to: Judiciary | |
| 16 | - | Committee Report: Favorable | |
| 17 | - | House action: Adopted | |
| 18 | - | Read second time: March 1, 2025 | |
| 19 | 13 | ||
| 20 | - | ||
| 14 | + | A BILL ENTITLED | |
| 21 | 15 | ||
| 22 | 16 | AN ACT concerning 1 | |
| 23 | 17 | ||
| 24 | 18 | Public Safety – Law Enforcement Agencies – Peer Support Programs 2 | |
| 25 | 19 | ||
| 26 | 20 | FOR the purpose of establishing certain confidentiality requirements for peer support 3 | |
| 27 | 21 | counseling programs for law enforcement agencies; and generally relating to peer 4 | |
| 28 | 22 | support programs for law enforcement agencies. 5 | |
| 29 | 23 | ||
| 30 | 24 | BY adding to 6 | |
| 31 | 25 | Article – Public Safety 7 | |
| 32 | 26 | Section 3–534 8 | |
| 33 | 27 | Annotated Code of Maryland 9 | |
| 34 | 28 | (2022 Replacement Volume and 2024 Supplement) 10 | |
| 35 | 29 | ||
| 36 | 30 | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11 | |
| 37 | 31 | That the Laws of Maryland read as follows: 12 | |
| 38 | 32 | ||
| 39 | 33 | Article – Public Safety 13 | |
| 40 | 34 | ||
| 41 | 35 | 3–534. 14 | |
| 42 | 36 | ||
| 43 | 37 | (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 15 | |
| 44 | 38 | INDICATED. 16 | |
| 45 | 39 | ||
| 46 | 40 | (2) “PEER SUPPORT PROGRAM ” MEANS A PROGRAM PROV IDED BY A 17 | |
| 47 | - | LAW ENFORCEMENT AGEN CY OR THE FRATERNAL ORDER OF POLICE THAT 18 2 HOUSE BILL 309 | |
| 41 | + | LAW ENFORCEMENT AGEN CY OR THE FRATERNAL ORDER OF POLICE THAT 18 | |
| 42 | + | PROVIDES COUNSELING S ERVICES FROM A PEER SUPPORT SPECIALIST T O A LAW 19 | |
| 43 | + | ENFORCEMENT OFFICER . 20 | |
| 44 | + | ||
| 45 | + | (3) “PEER SUPPORT SPECIALI ST” MEANS A LAW ENFORCEM ENT 21 | |
| 46 | + | OFFICER OR A MEMBER OF THE FRATERNAL ORDER OF POLICE WHO: 22 2 HOUSE BILL 309 | |
| 48 | 47 | ||
| 49 | 48 | ||
| 50 | - | PROVIDES COUNSELING SERVICES FROM A PEER SUPPORT SPECIALIST T O A LAW 1 | |
| 51 | - | ENFORCEMENT OFFICER . 2 | |
| 52 | 49 | ||
| 53 | - | (3) “PEER SUPPORT SPECIALI ST” MEANS A LAW ENFORCEMENT 3 | |
| 54 | - | OFFICER OR A MEMBER OF THE FRATERNAL ORDER OF POLICE WHO: 4 | |
| 50 | + | (I) HAS RECEIVED TRAININ G IN PEER SUPPORT , INCLUDING 1 | |
| 51 | + | EMOTIONAL AND MORAL SUPPORT TO LAW ENFOR CEMENT OFFICERS WHO HAVE 2 | |
| 52 | + | BEEN INVOLVED IN OR EXPOSED TO AN EMOTIO NALLY TRAUMATIC EXPE RIENCE IN 3 | |
| 53 | + | THE COURSE OF DUTY A S A LAW ENFORCEMENT OFFICER; AND 4 | |
| 55 | 54 | ||
| 56 | - | (I) HAS RECEIVED TRAININ G IN PEER SUPPORT , INCLUDING 5 | |
| 57 | - | EMOTIONAL AND MORAL SUPPORT TO LAW ENFOR CEMENT OFFICERS WHO HAVE 6 | |
| 58 | - | BEEN INVOLVED IN OR EXPOSED TO AN EMOTIO NALLY TRAUMATIC EXPE RIENCE IN 7 | |
| 59 | - | THE COURSE OF DUTY A S A LAW ENFORCEMENT OFFICER; AND 8 | |
| 55 | + | (II) IS DESIGNATED BY THE LAW ENFORCEMENT AGEN CY TO 5 | |
| 56 | + | PROVIDE THE SERVICES DESCRIB ED IN ITEM (I) OF THIS PARAGRAPH . 6 | |
| 60 | 57 | ||
| 61 | - | (II) IS DESIGNATED BY THE LAW ENFORCEMENT AGEN CY TO 9 | |
| 62 | - | PROVIDE THE SERVICES DESCRIBED IN ITEM (I) OF THIS PARAGRAPH . 10 | |
| 58 | + | (B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 7 | |
| 59 | + | PEER SUPPORT SPECIAL IST OR PEER SUPPORT PROGRAM PARTICIPANT MAY NOT 8 | |
| 60 | + | DISCLOSE THE CONTENT S OF ANY WRITTEN OR ORAL COMMUNICATION R EGARDING 9 | |
| 61 | + | A PEER SUPPORT INTER ACTION. 10 | |
| 63 | 62 | ||
| 64 | - | (B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 11 | |
| 65 | - | PEER SUPPOR T SPECIALIST OR PEER SUPPORT PROGRAM PART ICIPANT MAY NOT 12 | |
| 66 | - | DISCLOSE THE CONTENT S OF ANY WRITTEN OR ORAL COMMUNICATION R EGARDING 13 | |
| 67 | - | A PEER SUPPORT INTER ACTION. 14 | |
| 63 | + | (2) PARAGRAPH (1) OF THIS SUBSECTION D OES NOT APPLY IF: 11 | |
| 68 | 64 | ||
| 69 | - | ( | |
| 65 | + | (I) THE COMMUNICATION CO NTAINS: 12 | |
| 70 | 66 | ||
| 71 | - | (I) THE COMMUNICATION CO NTAINS: 16 | |
| 67 | + | 1. AN EXPLICIT THREAT O F SUICIDE, THE DISCLOSURE 13 | |
| 68 | + | OF WHICH THE PEER SU PPORT SPECIALIST BEL IEVES IS NECESSARY T O AVOID A 14 | |
| 69 | + | SUICIDE ATTEMPT ; 15 | |
| 72 | 70 | ||
| 73 | - | 1. AN EXPLICIT THREAT O F SUICIDE, THE DISCLOSURE 17 | |
| 74 | - | OF WHICH THE PEER SU PPORT SPECIALIST BEL IEVES IS NECESSARY T O AVOID A 18 | |
| 75 | - | SUICIDE ATTEMPT ; 19 | |
| 71 | + | 2. AN EXPLICIT THREAT O F IMMINENT AND SERIO US 16 | |
| 72 | + | BODILY HARM OR DEATH TO A CLEARLY IDENTIF IED OR IDENTIFIABLE INDIVIDUAL; 17 | |
| 76 | 73 | ||
| 77 | - | 2. AN EXPLICIT THREAT O F IMMINENT AND SERIO US 20 | |
| 78 | - | BODILY HARM OR DEATH TO A CLEARLY IDENTIF IED OR IDENTIFIABLE INDIVIDUAL; 21 | |
| 74 | + | 3. INFORMATION RELATING TO THE ABUSE OR NEGL ECT 18 | |
| 75 | + | OF A CHILD OR VULNER ABLE ADULT, OR ABUSE OR NEGLECT THAT IS OTHERWISE 19 | |
| 76 | + | REQUIRED TO BE REPOR TED BY LAW; OR 20 | |
| 79 | 77 | ||
| 80 | - | 3. INFORMATION RELATING TO THE ABUSE OR NEGL ECT 22 | |
| 81 | - | OF A CHILD OR VULNER ABLE ADULT, OR ABUSE OR NEGLECT THAT IS OTHERWISE 23 | |
| 82 | - | REQUIRED TO BE REPOR TED BY LAW; OR 24 | |
| 78 | + | 4. THE ADMISSION OF CRI MINAL CONDUCT ; 21 | |
| 83 | 79 | ||
| 84 | - | 4. THE ADMISSION OF CRI MINAL CONDUCT ; 25 | |
| 80 | + | (II) THE DISCLOSURE IS AU THORIZED BY EACH PEE R SUPPORT 22 | |
| 81 | + | PROGRAM PARTICIPANT WHO WAS A PARTY TO T HE COMMUNICATION ; OR 23 | |
| 85 | 82 | ||
| 86 | - | ( | |
| 87 | - | ||
| 83 | + | (III) A COURT OF COMPETENT JURISDICTION ISSUES AN ORDER 24 | |
| 84 | + | OR SUBPOENA REQUIRIN G THE DISCLOSURE OF THE COMMUNICATION . 25 | |
| 88 | 85 | ||
| 89 | - | (III) A COURT OF COMPETENT JURISDICTION ISSUES AN ORDER 28 | |
| 90 | - | OR SUBPOENA REQUIRIN G THE DISCLOSURE OF THE COMMUNICATION . 29 | |
| 86 | + | (3) BEFORE THE INITIAL PE ER SUPPORT INTERACTI ON WITH A PEER 26 | |
| 87 | + | SUPPORT PROGRAM PART ICIPANT, A PEER SUPPORT SPECI ALIST SHALL INFORM 27 | |
| 88 | + | THE PEER SUPPORT PRO GRAM PARTICIPANT IN WRITING OF THE C ONFIDENTIALITY 28 | |
| 89 | + | PROVISIONS IN THIS S UBSECTION. 29 | |
| 91 | 90 | HOUSE BILL 309 3 | |
| 92 | 91 | ||
| 93 | 92 | ||
| 94 | - | (3) BEFORE THE INITIAL PE ER SUPPORT INTERACTI ON WITH A PEER 1 | |
| 95 | - | SUPPORT PROGRAM PARTICIPANT , A PEER SUPPORT SPECI ALIST SHALL INFORM 2 | |
| 96 | - | THE PEER SUPPORT PRO GRAM PARTICIPANT IN WRITING OF THE CONFI DENTIALITY 3 | |
| 97 | - | PROVISIONS IN THIS S UBSECTION. 4 | |
| 93 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1 | |
| 94 | + | October 1, 2025. 2 | |
| 98 | 95 | ||
| 99 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 5 | |
| 100 | - | October 1, 2025. 6 | |
| 101 | - | ||
| 102 | - | ||
| 103 | - | ||
| 104 | - | ||
| 105 | - | Approved: | |
| 106 | - | ________________________________________________________________________________ | |
| 107 | - | Governor. | |
| 108 | - | ________________________________________________________________________________ | |
| 109 | - | Speaker of the House of Delegates. | |
| 110 | - | ________________________________________________________________________________ | |
| 111 | - | President of the Senate. |