Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB576 Compare Versions

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1		-	Date of enactment: March 27, 2024
2		-	2023 Assembly Bill 576 Date of publication*: March 28, 2024
3		-	2023 WISCONSIN ACT 220
4		-	AN ACT to create 165.875 and 905.095 of the statutes; relating to: public safety peer counseling and privilege for
5		-	peer support and critical incident stress management services communications and granting rule−making authority.
6		-	The people of the state of Wisconsin, represented in
7		-	senate and assembly, do enact as follows:
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	3	+	2023 - 2024 LEGISLATURE
	4	+	2023 ASSEMBLY BILL 576
	5	+	October 30, 2023 - Introduced by Representatives KITCHENS, DITTRICH, DONOVAN,
	6	+	MICHALSKI, O'CONNOR, SNYDER and WICHGERS, cosponsored by Senators JAMES,
	7	+	BALLWEG and JACQUE. Referred to Committee on Mental Health and
	8	+	Substance Abuse Prevention.
	9	+	*AUTHORS SUBJECT TO CHANGE*
	10	+	AN ACT to create 165.875 and 905.095 of the statutes; relating to: public safety
	11	+	peer counseling and privilege for peer support and critical incident stress
	12	+	management services communications and granting rule-making authority.
	13	+	Analysis by the Legislative Reference Bureau
	14	+	This bill requires the Department of Justice to establish and implement a
	15	+	program under which a law enforcement agency, a tribal law enforcement agency, a
	16	+	fire protection or emergency medical service agency, or any other agency that
	17	+	employs law enforcement officers, tribal law enforcement officers, correctional
	18	+	officers, jail officers, juvenile detention officers, fire fighters, dispatchers, emergency
	19	+	medical responders, emergency medical services practitioners, public safety
	20	+	personnel, or ambulance service provider personnel, may establish peer support
	21	+	teams and critical incident stress management (CISM) services teams.
	22	+	The bill requires the DOJ to organize a program of training required for
	23	+	membership on a peer support team or CISM team to provide peer support services
	24	+	or CISM services. The bill requires the Law Enforcement Standards Board (LESB)
	25	+	to coordinate with the Department of Health Services, the state fire marshal, and
	26	+	any other relevant agency or entity it determines appropriate to advise LESB in
	27	+	establishment of the curriculum.
	28	+	Under the bill, if an agency establishes a peer support team or a CISM services
	29	+	team, the agency must develop written guidelines for the team and its members.
	30	+	Under the bill, individuals must be officially designated by an agency head or the
	31	+	agency head's designee to be a peer support team member or a CISM services team
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	37	+	member and must successfully complete approved training. Except for actions for
	38	+	medical malpractice, the bill provides a liability exemption for peer support teams
	39	+	and team members and CISM services teams and team members providing peer
	40	+	support or CISM services.
	41	+	The bill establishes certain protections for communications with peer support
	42	+	team members and CISM services team members. Under the bill, a communication
	43	+	is defined as an oral statement, written statement, note, record, report, or document
	44	+	made during or arising out of a meeting between a recipient of peer support services
	45	+	or CISM services and a peer support team member or a CISM services team member.
	46	+	The bill provides that, with certain exceptions, a peer support team member or a
	47	+	CISM services team member may refuse to disclose communications made by a
	48	+	person receiving peer support services or CISM services, including individual or
	49	+	group support sessions, if the peer support team member or CISM services team
	50	+	member is acting in the capacity of a peer support team member or CISM services
	51	+	team member and is functioning within the team member's written guidelines.
	52	+	Communications made by a person receiving or providing peer support or CISM
	53	+	services are not subject to public inspection, copying, or disclosure. The protections
	54	+	under the bill do not apply if the peer support team member or CISM services team
	55	+	member was a witness or a party to the incident that prompted the delivery of peer
	56	+	support services or CISM services. The bill also provides that no privilege exists for
	57	+	a communication to a peer support team member or CISM services team member
	58	+	that is any of the following: 1) evidence of actual or suspected child neglect or abuse;
	59	+	2) evidence that a person receiving peer support services or CISM services is a clear
	60	+	and immediate danger to himself or herself or others; or 3) evidence that the person
	61	+	receiving services has committed a crime, plans to commit a crime, or intends to
	62	+	conceal a crime. Under the bill, a person receiving services who is entitled to claim
	63	+	the privilege for communications relating to those services may waive the privilege
	64	+	in writing.
	65	+	For further information see the state and local fiscal estimate, which will be
	66	+	printed as an appendix to this bill.
	67	+	The people of the state of Wisconsin, represented in senate and assembly, do
	68	+	enact as follows:
8	69		SECTION 1. 165.875 of the statutes is created to read:
9		-	165.875 Public safety peer counseling. (1) DEFINI-
10		-	TIONS. In this section:
11		-	(a) “Agency” means a law enforcement agency, a
12		-	tribal law enforcement agency, a fire protection or emer-
13		-	gency medical services agency, or any other agency or
14		-	entity, including a nonprofit organization, that employs,
15		-	represents, or serves law enforcement officers, tribal law
16		-	enforcement officers, correctional officers, jail officers,
17		-	juvenile detention officers, fire fighters, dispatchers,
18		-	emergency medical responders, emergency medical ser-
19		-	vices practitioners, public safety personnel, or ambu-
20		-	lance service provider personnel.
21		-	(b) “Ambulance service provider” has the meaning
22		-	given in s. 256.01 (3).
23		-	(c) “Communication” means an oral statement, writ-
24		-	ten statement, note, record, report, or document made
25		-	during or arising out of a meeting between a recipient of
26		-	peer support services or critical incident stress manage-
27		-	ment services and a peer support team member or a criti-
28		-	cal incident stress management services team member.
29		-	(d) “Correctional officer” has the meaning given in
30		-	s. 301.28 (1).
31		-	(e) “Critical incident” means an actual or perceived
32		-	event or situation that involves a crisis, disaster, trauma,
33		-	or emergency.
34		-	(f) “Critical incident stress management services”
35		-	means services provided by a critical incident stress man-
36		-	agement services team or a critical incident stress man-
37		-	agement services team member to any law enforcement
38		-	officer, tribal law enforcement officer, correctional offi-
39		-	cer, jail officer, juvenile detention officer, fire fighter,
40		-	dispatcher, emergency medical responder, emergency
41		-	medical services practitioner, public safety personnel,
42		-	ambulance service provider personnel, or civilian
43		-	employee or volunteer member of a law enforcement
44		-	agency affected by a critical incident and designed to
45		-	assist the individual affected by a critical incident to cope
46		-	with critical incident stress or to mitigate reactions to crit-
47		-	ical incident stress. “Critical incident stress management
48		-	services” includes any of the following:
	70	+	165.875 Public safety peer counseling. (1) DEFINITIONS. In this section:
	71	+	(a) “Agency” means a law enforcement agency, a tribal law enforcement agency,
	72	+	a fire protection or emergency medical service agency, or any other agency that
	73	+	employs law enforcement officers, tribal law enforcement officers, correctional
	74	+	officers, jail officers, juvenile detention officers, fire fighters, dispatchers, emergency
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	85	+	medical responders, emergency medical services practitioners, public safety
	86	+	personnel, or ambulance service provider personnel.
	87	+	(b) “Ambulance service provider” has the meaning given in s. 256.01 (3).
	88	+	(c) “Communication” means an oral statement, written statement, note, record,
	89	+	report, or document made during or arising out of a meeting between a recipient of
	90	+	peer support services or critical incident stress management services and a peer
	91	+	support team member or a critical incident stress management services team
	92	+	member.
	93	+	(d) “Correctional officer" has the meaning given in s. 301.28 (1).
	94	+	(e) “Critical incident” means an actual or perceived event or situation that
	95	+	involves a crisis, disaster, trauma, or emergency.
	96	+	(f) “Critical incident stress management services” means services provided by
	97	+	a critical incident stress management services team or a critical incident stress
	98	+	management services team member to any law enforcement officer, tribal law
	99	+	enforcement officer, correctional officer, jail officer, juvenile detention officer, fire
	100	+	fighter, dispatcher, emergency medical responder, emergency medical services
	101	+	practitioner, public safety personnel, ambulance service provider personnel, or
	102	+	civilian employee or volunteer member of a law enforcement agency affected by a
	103	+	critical incident and designed to assist the individual affected by a critical incident
	104	+	to cope with critical incident stress or to mitigate reactions to critical incident stress.
	105	+	“Critical incident stress management services” includes any of the following:
49	106		1. Critical incident stress defusings.
50	107		2. Critical incident stress debriefings.
51		-	3. On−scene support services.
52		-	4. One−on−one support services.
53		-	(g) “Critical incident stress management services
54		-	team member” means any law enforcement officer, tribal
55		-	law enforcement officer, correctional officer, jail officer,
56		-	* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
57		-	partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 220 2023 Assembly Bill 576
58		-	juvenile detention officer, fire fighter, dispatcher, emer-
59		-	gency medical responder, emergency medical services
60		-	practitioner, public safety personnel, ambulance service
61		-	provider personnel, civilian employee or volunteer mem-
62		-	ber of a law enforcement agency, or other person who has
63		-	been trained in critical incident stress management ser-
64		-	vices and officially designated by the agency head or the
65		-	agency head’s designee to be a member of the agency’s
66		-	critical incident stress management services team.
67		-	(h) “Emergency medical responder” has the meaning
68		-	given in s. 256.01 (4p).
69		-	(i) “Emergency medical services practitioner” has
70		-	the meaning given in s. 256.01 (5).
71		-	(j) “Fire fighter” means any person employed by the
72		-	state or a political subdivision as a member or officer of
73		-	a fire department or a member of a volunteer fire depart-
74		-	ment, including the state fire marshal and deputies.
75		-	(k) “Jail officer” has the meaning given in s. 165.85
76		-	(2) (bn).
77		-	(L) “Juvenile detention facility” has the meaning
78		-	given in s. 48.02 (10r).
79		-	(m) “Juvenile detention officer” has the meaning
80		-	given in s. 165.85 (2) (bt).
81		-	(n) “Law enforcement agency” means a governmen-
82		-	tal unit of one or more persons employed full time by this
83		-	state or a political subdivision of this state for the purpose
84		-	of preventing and detecting crime and enforcing state
85		-	laws or local ordinances, employees of which unit are
86		-	authorized to make arrests for crimes while acting within
87		-	the scope of their authority.
88		-	(o) “Law enforcement officer” means any person
89		-	employed by the state or a political subdivision for the
90		-	purpose of detecting and preventing crime and enforcing
91		-	laws or ordinances and who is authorized to make arrests
92		-	for violations of the laws or ordinances the person is
93		-	employed to enforce, whether that enforcement authority
94		-	extends to all laws or ordinances or is limited to specific
95		-	laws or ordinances. “Law enforcement officer” includes
96		-	a person appointed as a conservation warden by the
	108	+	3. On-scene support services.
	109	+	4. One-on-one support services.
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	137	+	(g) “Critical incident stress management services team member” means any
	138	+	law enforcement officer, tribal law enforcement officer, correctional officer, jail
	139	+	officer, juvenile detention officer, fire fighter, dispatcher, emergency medical
	140	+	responder, emergency medical services practitioner, public safety personnel,
	141	+	ambulance service provider personnel, civilian employee or volunteer member of a
	142	+	law enforcement agency, or other person who has been trained in critical incident
	143	+	stress management services and officially designated by the agency head or the
	144	+	agency head's designee to be a member of the agency's critical incident stress
	145	+	management services team.
	146	+	(h) “Emergency medical responder" has the meaning given in s. 256.01 (4p).
	147	+	(i) “Emergency medical services practitioner" has the meaning given in s.
	148	+	256.01 (5).
	149	+	(j) “Fire fighter" means any person employed by the state or a political
	150	+	subdivision as a member or officer of a fire department or a member of a volunteer
	151	+	fire department, including the state fire marshal and deputies.
	152	+	(k) “Jail officer" has the meaning given in s. 165.85 (2) (bn).
	153	+	(L) “Juvenile detention facility” has the meaning given in s. 48.02 (10r).
	154	+	(m) “Juvenile detention officer” has the meaning given in s. 165.85 (2) (bt).
	155	+	(n) “Law enforcement agency" means a governmental unit of one or more
	156	+	persons employed full time by this state or a political subdivision of this state for the
	157	+	purpose of preventing and detecting crime and enforcing state laws or local
	158	+	ordinances, employees of which unit are authorized to make arrests for crimes while
	159	+	acting within the scope of their authority.
	160	+	(o) “Law enforcement officer” means any person employed by the state or a
	161	+	political subdivision for the purpose of detecting and preventing crime and enforcing
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	191	+	laws or ordinances and who is authorized to make arrests for violations of the laws
	192	+	or ordinances the person is employed to enforce, whether that enforcement authority
	193	+	extends to all laws or ordinances or is limited to specific laws or ordinances. “Law
	194	+	enforcement officer” includes a person appointed as a conservation warden by the
97	195		department of natural resources under s. 23.10 (1).
98		-	(p) “Peer support services” means any debriefing,
99		-	defusing, on−scene, or one−on−one session provided by
100		-	a peer support team member that provides emotional and
101		-	moral support to any law enforcement officer, tribal law
102		-	enforcement officer, correctional officer, jail officer,
103		-	juvenile detention officer, fire fighter, dispatcher, emer-
104		-	gency medical responder, emergency medical services
105		-	practitioner, public safety personnel, ambulance service
106		-	provider personnel, or civilian employee or volunteer
107		-	member of a law enforcement agency affected by stress
108		-	or an incident, whether personal or professional.
109		-	(q) “Peer support team member” means any law
110		-	enforcement officer, tribal law enforcement officer, jail
111		-	officer, juvenile detention officer, fire fighter, dispatcher,
112		-	emergency medical responder, emergency medical ser-
113		-	vices practitioner, public safety personnel, ambulance
114		-	service provider personnel, civilian employee or volun-
115		-	teer member of a law enforcement agency, or other per-
116		-	son who has been trained in peer support services and
117		-	officially designated by the agency head or the agency
118		-	head’s designee to be a member of the agency’s peer sup-
119		-	port team.
120		-	(r) “Political subdivision” has the meaning given in
121		-	s. 165.85 (2) (d).
122		-	(s) “Public safety personnel” means an employee of
123		-	a governmental entity who, by virtue of the person’s job
124		-	duties, provides support to peace officers, including dis-
125		-	patchers, public safety telecommunicators, crime scene
126		-	and crime laboratory technicians, and criminal analysts.
127		-	(t) “Trained” means a person who has successfully
128		-	completed an approved peer support training program or
129		-	an approved critical incident stress management training
130		-	program.
131		-	(u) “Tribal law enforcement agency” has the mean-
132		-	ing given in s. 165.83 (1) (e).
133		-	(v) “Tribal law enforcement officer” has the meaning
134		-	given in s. 165.85 (2) (g).
135		-	(2) CREATION; OPERATION. (a) The department of jus-
136		-	tice shall establish and implement a program for the
137		-	establishment of peer support teams and critical incident
138		-	stress management services teams. The department of
139		-	justice shall organize a program of training for member-
140		-	ship on a peer support team to provide peer support ser-
141		-	vices.
142		-	(b) In order to qualify as a peer support team member
143		-	or a critical incident stress management services team
144		-	member, an individual shall attend a peer support training
145		-	program provided through the department of justice as
146		-	described under par. (a) or, at a minimum, a training pro-
147		-	gram by a credentialed health care provider who, through
148		-	education, training, or experience, is qualified to provide
149		-	peer support training or critical incident stress manage-
150		-	ment services training. An individual may not provide
151		-	peer support services or critical incident stress manage-
152		-	ment services unless that individual successfully com-
153		-	pletes a peer support or critical incident stress manage-
154		-	ment services training program.
155		-	(c) The department of justice shall promulgate rules
156		-	to implement this section, including all of the following:
157		-	1. Procedures for establishment of a peer support
158		-	team or a critical incident stress management services
159		-	team.
160		-	2. Procedures for designation of individuals to be
161		-	peer support team members, critical incident stress man-
162		-	agement services team members, or both.
163		-	(d) 1. An agency may establish a peer support team
164		-	and, if a peer support team is established, shall develop
165		-	written guidelines for the peer support team and its peer
166		-	support team members. − 3 − 2023 Wisconsin Act 220 2023 Assembly Bill 576
167		-	2. An agency may establish a critical incident stress
168		-	management services team and, if a critical incident
169		-	stress management services team is established, shall
170		-	develop written guidelines for the critical incident stress
171		-	management services team and its critical incident stress
172		-	management services team members.
173		-	3. No agency may establish or maintain a peer sup-
174		-	port team or critical incident stress management services
175		-	team unless the agency complies with rules promulgated
176		-	under this section.
177		-	(f) Subject to par. (g), in accordance with s. 905.095,
178		-	a peer support team member or critical incident stress
179		-	management services team member may refuse to dis-
180		-	close communications made by a person receiving peer
181		-	support services or critical incident stress management
182		-	services, including individual or group support sessions.
183		-	(g) Paragraph (f) applies only to communications
184		-	made during interactions conducted by a peer support
185		-	team member or critical incident stress management ser-
186		-	vices team member who is doing all of the following:
187		-	1. Acting in the team member’s capacity as a peer
188		-	support team member or critical incident stress manage-
189		-	ment services team member.
190		-	2. Functioning within the written peer support guide-
191		-	lines or critical incident stress management services
192		-	guidelines that are in effect for the team member’s
	196	+	(p) “Peer support services” means any debriefing, defusing, on-scene, or
	197	+	one-on-one session provided by a peer support team member that provides
	198	+	emotional and moral support to any law enforcement officer, tribal law enforcement
	199	+	officer, correctional officer, jail officer, juvenile detention officer, fire fighter,
	200	+	dispatcher, emergency medical responder, emergency medical services practitioner,
	201	+	public safety personnel, ambulance service provider personnel, or civilian employee
	202	+	or volunteer member of a law enforcement agency affected by stress or an incident,
	203	+	whether personal or professional.
	204	+	(q) “Peer support team member” means any law enforcement officer, tribal law
	205	+	enforcement officer, jail officer, juvenile detention officer, fire fighter, dispatcher,
	206	+	emergency medical responder, emergency medical services practitioner, public
	207	+	safety personnel, ambulance service provider personnel, civilian employee or
	208	+	volunteer member of a law enforcement agency, or other person who has been trained
	209	+	in peer support services and officially designated by the agency head or the agency
	210	+	head's designee to be a member of the agency's peer support team.
	211	+	(r) “Political subdivision” has the meaning given in s. 165.85 (2) (d).
	212	+	(s) “Public safety personnel” means an employee of a governmental entity who,
	213	+	by virtue of the person's job duties, provides support to peace officers, including
	214	+	dispatchers, public safety telecommunicators, crime scene and crime laboratory
	215	+	technicians, and criminal analysts.
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	243	+	(t) “Trained” means a person who has successfully completed an approved peer
	244	+	support training program or an approved critical incident stress management
	245	+	training program.
	246	+	(u) “Tribal law enforcement agency" has the meaning given in s. 165.83 (1) (e).
	247	+	(v) “Tribal law enforcement officer” has the meaning given in s. 165.85 (2) (g).
	248	+	(2) CREATION; OPERATION. (a) The department of justice shall establish and
	249	+	implement a program for the establishment of peer support teams and critical
	250	+	incident stress management services teams. The department of justice shall
	251	+	organize a program of training as provided under s. 165.86 (2) (b) for membership on
	252	+	a peer support team to provide peer support services and for membership on a critical
	253	+	incident stress management services team to provide critical incident stress
	254	+	management services. The law enforcement standards board shall establish
	255	+	minimum curriculum standards for the training programs to provide training in a
	256	+	manner similar to that provided for law enforcement training under s. 165.85, except
	257	+	that the board shall coordinate with the department of health services, the state fire
	258	+	marshal, and any other relevant agency or entity it determines appropriate to advise
	259	+	the board in establishment of the curriculum.
	260	+	(b) An individual may not provide peer support services unless that individual
	261	+	successfully completes a peer support training program required for membership on
	262	+	a peer support team. An individual may not provide critical incident stress
	263	+	management services services unless that individual successfully completes a
	264	+	critical incident stress management services training program required for
	265	+	membership on a critical incident stress management services team. The board shall
	266	+	prescribe the means for presenting evidence of fulfillment of these requirements.
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	295	+	(c) The department of justice shall promulgate rules to implement this section,
	296	+	including all of the following:
	297	+	1. Procedures for establishment of a peer support team or a critical incident
	298	+	stress management services team.
	299	+	2. Procedures for designation of individuals to be peer support team members,
	300	+	critical incident stress management services team members, or both.
	301	+	(d) 1. An agency may establish a peer support team and, if a peer support team
	302	+	is established, shall develop written guidelines for the peer support team and its peer
	303	+	support team members.
	304	+	2. An agency may establish a critical incident stress management services
	305	+	team and, if a critical incident stress management services team is established, shall
	306	+	develop written guidelines for the critical incident stress management services team
	307	+	and its critical incident stress management services team members.
	308	+	3. No agency may establish or maintain a peer support team or critical incident
	309	+	stress management services team unless the agency complies with rules
	310	+	promulgated under this section.
	311	+	(e) In order to qualify as a peer support team member, an individual shall
	312	+	successfully complete a peer support training program approved under this section.
	313	+	In order to qualify as a critical incident stress management services team member,
	314	+	an individual shall successfully complete a critical incident stress management
	315	+	services training program approved under this section.
	316	+	(f) Subject to par. (g), in accordance with s. 905.095, a peer support team
	317	+	member or critical incident stress management services team member may refuse
	318	+	to disclose communications made by a person receiving peer support services or
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	343	+	SWB:skw&cjs&cdc
	344	+	SECTION 1 ASSEMBLY BILL 576
	345	+	critical incident stress management services, including individual or group support
	346	+	sessions.
	347	+	(g) Paragraph (f) applies only to communications made during interactions
	348	+	conducted by a peer support team member or critical incident stress management
	349	+	services team member who is doing all of the following:
	350	+	1. Acting in the team member's capacity as a peer support team member or
	351	+	critical incident stress management services team member.
	352	+	2. Functioning within the written peer support guidelines or critical incident
	353	+	stress management services guidelines that are in effect for the team member's
193	354		respective agency.
194		-	(h) Subject to the requirements under par. (g), com-
195		-	munications made by a person receiving or providing
196		-	peer support services or critical incident stress manage-
197		-	ment services, including communications made during
198		-	or arising out of individual or group support sessions, are
199		-	not open to public inspection, copying, or disclosure
200		-	under s. 19.35.
201		-	(i) This section does not apply if any of the following
202		-	are true:
203		-	1. A peer support team member or a critical incident
204		-	stress management services team member was a witness
205		-	or a party to the incident that prompted the delivery of
206		-	peer support services or critical incident stress manage-
207		-	ment services.
208		-	2. Information received by a peer support team mem-
209		-	ber or a critical incident stress management services team
210		-	member is indicative of actual or suspected child abuse
211		-	or actual or suspected child neglect.
212		-	3. The person receiving peer support services or criti-
213		-	cal incident stress management services is a clear and
214		-	immediate danger to himself or herself or others.
215		-	4. Communication to a peer support team member or
216		-	a critical incident stress management services team mem-
217		-	ber provides evidence that the person who is receiving
218		-	the peer support services or critical incident stress man-
219		-	agement services has committed a crime, plans to commit
220		-	a crime, or intends to conceal a crime.
221		-	(3) LIABILITY EXEMPTION. (a) Except as otherwise
222		-	provided in par. (b), a peer support team or peer support
223		-	team member or a critical incident stress management
224		-	services team or critical incident stress management ser-
225		-	vices team member providing peer support services or
226		-	critical incident stress management services, respec-
227		-	tively, is not liable for damages, including personal
228		-	injury, wrongful death, property damage, or other loss
229		-	related to a peer support team member’s or critical inci-
230		-	dent stress management services team member’s act,
231		-	error, or omission in performing peer support services or
232		-	critical incident stress management services.
233		-	(b) Paragraph (a) does not apply to an action for med-
234		-	ical malpractice.
	355	+	(h) Subject to the requirements under par. (g), communications made by a
	356	+	person receiving or providing peer support services or critical incident stress
	357	+	management services, including communications made during or arising out of
	358	+	individual or group support sessions, are not open to public inspection, copying, or
	359	+	disclosure under s. 19.35.
	360	+	(i) This section does not apply if any of the following are true:
	361	+	1. A peer support team member or a critical incident stress management
	362	+	services team member was a witness or a party to the incident that prompted the
	363	+	delivery of peer support services or critical incident stress management services.
	364	+	2. Information received by a peer support team member or a critical incident
	365	+	stress management services team member is indicative of actual or suspected child
	366	+	abuse or actual or suspected child neglect.
	367	+	3. The person receiving peer support services or critical incident stress
	368	+	management services is a clear and immediate danger to himself or herself or others.
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	394	+	SWB:skw&cjs&cdc
	395	+	SECTION 1
	396	+	ASSEMBLY BILL 576
	397	+	4. Communication to a peer support team member or a critical incident stress
	398	+	management services team member provides evidence that the person who is
	399	+	receiving the peer support services or critical incident stress management services
	400	+	has committed a crime, plans to commit a crime, or intends to conceal a crime.
	401	+	(3) LIABILITY EXEMPTION. (a) Except as otherwise provided in par. (b), a peer
	402	+	support team or peer support team member or a critical incident stress management
	403	+	services team or critical incident stress management services team member
	404	+	providing peer support services or critical incident stress management services,
	405	+	respectively, is not liable for damages, including personal injury, wrongful death,
	406	+	property damage, or other loss related to a peer support team member's or critical
	407	+	incident stress management services team member's act, error, or omission in
	408	+	performing peer support services or critical incident stress management services.
	409	+	(b) Paragraph (a) does not apply to an action for medical malpractice.
235	410		SECTION 2. 905.095 of the statutes is created to read:
236		-	905.095 Peer support and critical incident stress
237		-	management services communications. (1) DEFINI-
238		-	TIONS. In this section:
239		-	(a) “Communication” has the meaning given in s.
240		-	165.875 (1) (c).
241		-	(b) “Critical incident stress management services”
242		-	has the meaning given in s. 165.875 (1) (f).
243		-	(c) “Critical incident stress management services
244		-	team member” has the meaning given under s. 165.875
245		-	(1) (g).
246		-	(d) “Peer support services” has the meaning given in
247		-	s. 165.875 (1) (p).
248		-	(e) “Peer support team member” means a person who
249		-	is designated as a peer support team member under s.
250		-	165.875 (1) (q).
251		-	(2) GENERAL RULE OF PRIVILEGE. A person receiving
252		-	peer support services from a peer support team member
253		-	or a person receiving critical incident stress management
254		-	services from a critical incident stress management ser-
255		-	vices team member has a privilege during the person’s
256		-	life to refuse to disclose and to prevent any other person
257		-	from disclosing peer support communications or critical
258		-	incident stress management services communications,
259		-	including communications made during or arising out of
260		-	individual or group support sessions.
261		-	(3) WHO MAY CLAIM THE PRIVILEGE. The privilege
262		-	under this section may be claimed by the person who
263		-	received the peer support services or critical incident
264		-	stress management services or the guardian or conserva-
265		-	tor of the person who received the peer support services
266		-	or critical incident stress management services. A person
267		-	who was a peer support team member or critical incident
268		-	stress management services team member at the time of
269		-	the communication is presumed to have authority during
270		-	the life of the person who received the peer support ser-
271		-	vices or critical incident stress management services to
272		-	claim the privilege on behalf of the person who received
273		-	the peer support services or critical incident stress man-
274		-	agement services.
275		-	(4) EXCEPTIONS. (a) No privilege exists under this
276		-	section for any of the following:
277		-	1. Communication to a peer support team member or
278		-	critical incident stress management services team mem- − 4 −2023 Wisconsin Act 220 2023 Assembly Bill 576
279		-	ber that is evidence of actual or suspected child neglect
280		-	or abuse.
281		-	2. Communication to a peer support team member or
282		-	critical incident stress management services team mem-
283		-	ber that is evidence a person receiving peer support ser-
284		-	vices or critical incident stress management services is a
285		-	clear and immediate danger to himself or herself or oth-
286		-	ers.
287		-	3. Communication to a peer support team member or
288		-	critical incident stress management services team mem-
289		-	ber that is evidence that a person who is receiving the peer
290		-	support services or critical incident stress management
291		-	services has committed a crime, plans to commit a crime,
292		-	or intends to conceal a crime.
293		-	(b) A person receiving peer support or critical inci-
294		-	dent stress management services whose communications
295		-	are privileged under this section may waive the privilege
296		-	in writing.
	411	+	905.095 Peer support and critical incident stress management
	412	+	services communications. (1) DEFINITIONS. In this section:
	413	+	(a) “Communication” has the meaning given in s. 165.875 (1) (c).
	414	+	(b) “Critical incident stress management services” has the meaning given in s.
	415	+	165.875 (1) (f).
	416	+	(c) “Critical incident stress management services team member” has the
	417	+	meaning given under s. 165.875 (1) (g).
	418	+	(d) “Peer support services” has the meaning given in s. 16.875 (1) (p).
	419	+	(e) “Peer support team member” means a person who is designated as a peer
	420	+	support team member under s. 165.875 (1) (q).
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	446	+	SECTION 2 ASSEMBLY BILL 576
	447	+	(2) GENERAL RULE OF PRIVILEGE. A person receiving peer support services from
	448	+	a peer support team member or a person receiving critical incident stress
	449	+	management services from a critical incident stress management services team
	450	+	member has a privilege during the person's life to refuse to disclose and to prevent
	451	+	any other person from disclosing peer support communications or critical incident
	452	+	stress management services communications, including communications made
	453	+	during or arising out of individual or group support sessions.
	454	+	(3) WHO MAY CLAIM THE PRIVILEGE. The privilege under this section may be
	455	+	claimed by the person who received the peer support services or critical incident
	456	+	stress management services or the guardian or conservator of the person who
	457	+	received the peer support services or critical incident stress management services.
	458	+	A person who was a peer support team member or critical incident stress
	459	+	management services team member at the time of the communication is presumed
	460	+	to have authority during the life of the person who received the peer support services
	461	+	or critical incident stress management services to claim the privilege on behalf of the
	462	+	person who received the peer support services or critical incident stress management
	463	+	services.
	464	+	(4) EXCEPTIONS. (a) No privilege exists under this section for any of the
	465	+	following:
	466	+	1. Communication to a peer support team member or critical incident stress
	467	+	management services team member that is evidence of actual or suspected child
	468	+	neglect or abuse.
	469	+	2. Communication to a peer support team member or critical incident stress
	470	+	management services team member that is evidence a person receiving peer support
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	497	+	SECTION 2
	498	+	ASSEMBLY BILL 576
	499	+	services or critical incident stress management services is a clear and immediate
	500	+	danger to himself or herself or others.
	501	+	3. Communication to a peer support team member or critical incident stress
	502	+	management services team member that is evidence that a person who is receiving
	503	+	the peer support services or critical incident stress management services has
	504	+	committed a crime, plans to commit a crime, or intends to conceal a crime.
	505	+	(b) A person receiving peer support or critical incident stress management
	506	+	services whose communications are privileged under this section may waive the
	507	+	privilege in writing.
297	508		SECTION 3.0Initial applicability.
298		-	(1) The treatment of s. 905.095 first applies to a com-
299		-	munication made to a peer support team member or a crit-
300		-	ical incident stress management services team member
301		-	on the effective date of this subsection.
	509	+	(1) The treatment of s. 905.095 first applies to a communication made to a peer
	510	+	support team member or a critical incident stress management services team
	511	+	member on the effective date of this subsection.
	512	+	(END)
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