STATE OF NEW YORK ________________________________________________________________________ 6244 2025-2026 Regular Sessions IN SENATE March 7, 2025 ___________ Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the executive law, in relation to providing confiden- tiality for communications arising out of law enforcement peer support counseling The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "Lieutenant Joseph Banish mental health act". 3 § 2. The executive law is amended by adding a new section 837-y to 4 read as follows: 5 § 837-y. Law enforcement peer support program. 1. Definitions. As 6 used in this section the following terms shall have the following mean- 7 ings: 8 (a) "Law enforcement agency" means any department, division, agency, 9 board, commission, or public authority of the state or any subdivision 10 thereof that employs police officers. 11 (b) "Police officer" means a police officer as defined in section 1.20 12 of the criminal procedure law. 13 (c) "Peer support communication" includes: 14 (i) an oral or written communication made in the course of a peer 15 support counseling session; 16 (ii) a note or report arising out of a peer support counseling 17 session; 18 (iii) a record of a peer support counseling session; or 19 (iv) with respect to a communication made by a peer support partic- 20 ipant in the course of a peer support counseling session, another commu- 21 nication, regarding the first communication, that is made between a peer 22 support specialist and: 23 (A) another peer support specialist; 24 (B) a staff member of a peer support counseling program; or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06860-03-5
S. 6244 2 1 (C) a supervisor of the peer support specialist. 2 (d) "Peer support counseling program" means a program provided by a 3 law enforcement agency that provides counseling services from a peer 4 support specialist to a police officer of the law enforcement agency. 5 (e) "Peer support counseling session" means any counseling formally 6 provided through a peer support counseling program between a peer 7 support specialist and one or more police officers. 8 (f) "Peer support participant" means a police officer who receives 9 counseling services from a peer support specialist. 10 (g) "Peer support specialist" means a police officer who: 11 (i) has received training in: 12 (A) peer support counseling; and 13 (B) providing emotional and moral support to police officers who have 14 been involved in or exposed to an emotionally traumatic experience in 15 the course of employment; and 16 (ii) is designated by a law enforcement agency to provide the services 17 described in subparagraph (i) of this paragraph. 18 2. Confidentiality. Except as provided in subdivision three of this 19 section, a peer support specialist or peer support participant shall not 20 disclose the contents of a peer support communication to an individual 21 who was not a party to such peer support communication. 22 3. Exceptions. Subdivision two of this section shall not apply to a 23 peer support communication if: 24 (a) the peer support communication contains: 25 (i) an explicit threat of suicide by an individual in which the indi- 26 vidual: 27 (A) shares: 28 (I) an intent to die by suicide; and 29 (II) a plan for a suicide attempt or the means by which the individual 30 plans to carry out a suicide attempt; and 31 (B) does not solely share that the individual is experiencing suicidal 32 thoughts; 33 (ii) an explicit threat by an individual of imminent and serious phys- 34 ical bodily harm or death to another individual; 35 (iii) information: 36 (A) relating to the abuse or neglect of: 37 (I) a child; or 38 (II) an older or vulnerable individual; or 39 (B) that is required by law to be reported; or 40 (iv) an admission of criminal conduct; 41 (b) the disclosure is permitted by each peer support participant who 42 was a party to, as applicable: 43 (i) the peer support communication; 44 (ii) the peer support counseling session out of which the peer support 45 communication arose; 46 (iii) the peer support counseling session of which the peer support 47 communication is a record; and 48 (iv) the communication made in the course of a peer support counseling 49 session that the peer support communication is regarding; 50 (c) a court of competent jurisdiction issues an order or subpoena 51 requiring the disclosure of the peer support communication; 52 (d) the peer support communication contains information that is 53 required by law to be disclosed; 54 (e) such communication is an observation made by a police officer of a 55 peer support participant outside of a peer support counseling session; 56 or
S. 6244 3 1 (f) such communication is a disclosure of knowledge of a police offi- 2 cer about a peer support participant not gained from a peer support 3 communication. 4 4. Disclosure. Before the initial peer support counseling session of a 5 peer support participant, a peer support specialist shall inform the 6 peer support participant in writing of the confidentiality requirement 7 under subdivision two of this section and the exceptions to that 8 requirement under subdivision three of this section. 9 5. Rules and regulations. The division shall promulgate rules and 10 regulations necessary to effectuate this section and shall be empowered 11 to identify minimum certifications required of trained members, approved 12 training courses, record keeping requirements, and retraining require- 13 ments. 14 § 3. This act shall take effect on the ninetieth day after it shall 15 have become a law. Effective immediately, the addition, amendment 16 and/or repeal of any rule or regulation necessary for the implementation 17 of this act on its effective date are authorized to be made and 18 completed on or before such effective date.