Date of enactment: March 27, 2024
2023 Assembly Bill 576 Date of publication*: March 28, 2024
2023 WISCONSIN ACT 220
AN ACT to create 165.875 and 905.095 of the statutes; relating to: public safety peer counseling and privilege for
peer support and critical incident stress management services communications and granting rule−making authority.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 165.875 of the statutes is created to read:
165.875 Public safety peer counseling. (1) DEFINI-
TIONS. In this section:
(a) “Agency” means a law enforcement agency, a
tribal law enforcement agency, a fire protection or emer-
gency medical services agency, or any other agency or
entity, including a nonprofit organization, that employs,
represents, or serves law enforcement officers, tribal law
enforcement officers, correctional officers, jail officers,
juvenile detention officers, fire fighters, dispatchers,
emergency medical responders, emergency medical ser-
vices practitioners, public safety personnel, or ambu-
lance service provider personnel.
(b) “Ambulance service provider” has the meaning
given in s. 256.01 (3).
(c) “Communication” means an oral statement, writ-
ten statement, note, record, report, or document made
during or arising out of a meeting between a recipient of
peer support services or critical incident stress manage-
ment services and a peer support team member or a criti-
cal incident stress management services team member.
(d) “Correctional officer” has the meaning given in
s. 301.28 (1).
(e) “Critical incident” means an actual or perceived
event or situation that involves a crisis, disaster, trauma,
or emergency.
(f) “Critical incident stress management services”
means services provided by a critical incident stress man-
agement services team or a critical incident stress man-
agement services team member to any law enforcement
officer, tribal law enforcement officer, correctional offi-
cer, jail officer, juvenile detention officer, fire fighter,
dispatcher, emergency medical responder, emergency
medical services practitioner, public safety personnel,
ambulance service provider personnel, or civilian
employee or volunteer member of a law enforcement
agency affected by a critical incident and designed to
assist the individual affected by a critical incident to cope
with critical incident stress or to mitigate reactions to crit-
ical incident stress. “Critical incident stress management
services” includes any of the following:
1. Critical incident stress defusings.
2. Critical incident stress debriefings.
3. On−scene support services.
4. One−on−one support services.
(g) “Critical incident stress management services
team member” means any law enforcement officer, tribal
law enforcement officer, correctional officer, jail officer,
* 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
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
juvenile detention officer, fire fighter, dispatcher, emer-
gency medical responder, emergency medical services
practitioner, public safety personnel, ambulance service
provider personnel, civilian employee or volunteer mem-
ber of a law enforcement agency, or other person who has
been trained in critical incident stress management ser-
vices and officially designated by the agency head or the
agency head’s designee to be a member of the agency’s
critical incident stress management services team.
(h) “Emergency medical responder” has the meaning
given in s. 256.01 (4p).
(i) “Emergency medical services practitioner” has
the meaning given in s. 256.01 (5).
(j) “Fire fighter” means any person employed by the
state or a political subdivision as a member or officer of
a fire department or a member of a volunteer fire depart-
ment, including the state fire marshal and deputies.
(k) “Jail officer” has the meaning given in s. 165.85
(2) (bn).
(L) “Juvenile detention facility” has the meaning
given in s. 48.02 (10r).
(m) “Juvenile detention officer” has the meaning
given in s. 165.85 (2) (bt).
(n) “Law enforcement agency” means a governmen-
tal unit of one or more persons employed full time by this
state or a political subdivision of this state for the purpose
of preventing and detecting crime and enforcing state
laws or local ordinances, employees of which unit are
authorized to make arrests for crimes while acting within
the scope of their authority.
(o) “Law enforcement officer” means any person
employed by the state or a political subdivision for the
purpose of detecting and preventing crime and enforcing
laws or ordinances and who is authorized to make arrests
for violations of the laws or ordinances the person is
employed to enforce, whether that enforcement authority
extends to all laws or ordinances or is limited to specific
laws or ordinances. “Law enforcement officer” includes
a person appointed as a conservation warden by the
department of natural resources under s. 23.10 (1).
(p) “Peer support services” means any debriefing,
defusing, on−scene, or one−on−one session provided by
a peer support team member that provides emotional and
moral support to any law enforcement officer, tribal law
enforcement officer, correctional officer, jail officer,
juvenile detention officer, fire fighter, dispatcher, emer-
gency medical responder, emergency medical services
practitioner, public safety personnel, ambulance service
provider personnel, or civilian employee or volunteer
member of a law enforcement agency affected by stress
or an incident, whether personal or professional.
(q) “Peer support team member” means any law
enforcement officer, tribal law enforcement officer, jail
officer, juvenile detention officer, fire fighter, dispatcher,
emergency medical responder, emergency medical ser-
vices practitioner, public safety personnel, ambulance
service provider personnel, civilian employee or volun-
teer member of a law enforcement agency, or other per-
son who has been trained in peer support services and
officially designated by the agency head or the agency
head’s designee to be a member of the agency’s peer sup-
port team.
(r) “Political subdivision” has the meaning given in
s. 165.85 (2) (d).
(s) “Public safety personnel” means an employee of
a governmental entity who, by virtue of the person’s job
duties, provides support to peace officers, including dis-
patchers, public safety telecommunicators, crime scene
and crime laboratory technicians, and criminal analysts.
(t) “Trained” means a person who has successfully
completed an approved peer support training program or
an approved critical incident stress management training
program.
(u) “Tribal law enforcement agency” has the mean-
ing given in s. 165.83 (1) (e).
(v) “Tribal law enforcement officer” has the meaning
given in s. 165.85 (2) (g).
(2) CREATION; OPERATION. (a) The department of jus-
tice shall establish and implement a program for the
establishment of peer support teams and critical incident
stress management services teams. The department of
justice shall organize a program of training for member-
ship on a peer support team to provide peer support ser-
vices.
(b) In order to qualify as a peer support team member
or a critical incident stress management services team
member, an individual shall attend a peer support training
program provided through the department of justice as
described under par. (a) or, at a minimum, a training pro-
gram by a credentialed health care provider who, through
education, training, or experience, is qualified to provide
peer support training or critical incident stress manage-
ment services training. An individual may not provide
peer support services or critical incident stress manage-
ment services unless that individual successfully com-
pletes a peer support or critical incident stress manage-
ment services training program.
(c) The department of justice shall promulgate rules
to implement this section, including all of the following:
1. Procedures for establishment of a peer support
team or a critical incident stress management services
team.
2. Procedures for designation of individuals to be
peer support team members, critical incident stress man-
agement services team members, or both.
(d) 1. An agency may establish a peer support team
and, if a peer support team is established, shall develop
written guidelines for the peer support team and its peer
support team members. − 3 − 2023 Wisconsin Act 220 2023 Assembly Bill 576
2. An agency may establish a critical incident stress
management services team and, if a critical incident
stress management services team is established, shall
develop written guidelines for the critical incident stress
management services team and its critical incident stress
management services team members.
3. No agency may establish or maintain a peer sup-
port team or critical incident stress management services
team unless the agency complies with rules promulgated
under this section.
(f) Subject to par. (g), in accordance with s. 905.095,
a peer support team member or critical incident stress
management services team member may refuse to dis-
close communications made by a person receiving peer
support services or critical incident stress management
services, including individual or group support sessions.
(g) Paragraph (f) applies only to communications
made during interactions conducted by a peer support
team member or critical incident stress management ser-
vices team member who is doing all of the following:
1. Acting in the team member’s capacity as a peer
support team member or critical incident stress manage-
ment services team member.
2. Functioning within the written peer support guide-
lines or critical incident stress management services
guidelines that are in effect for the team member’s
respective agency.
(h) Subject to the requirements under par. (g), com-
munications made by a person receiving or providing
peer support services or critical incident stress manage-
ment services, including communications made during
or arising out of individual or group support sessions, are
not open to public inspection, copying, or disclosure
under s. 19.35.
(i) This section does not apply if any of the following
are true:
1. A peer support team member or a critical incident
stress management services team member was a witness
or a party to the incident that prompted the delivery of
peer support services or critical incident stress manage-
ment services.
2. Information received by a peer support team mem-
ber or a critical incident stress management services team
member is indicative of actual or suspected child abuse
or actual or suspected child neglect.
3. The person receiving peer support services or criti-
cal incident stress management services is a clear and
immediate danger to himself or herself or others.
4. Communication to a peer support team member or
a critical incident stress management services team mem-
ber provides evidence that the person who is receiving
the peer support services or critical incident stress man-
agement services has committed a crime, plans to commit
a crime, or intends to conceal a crime.
(3) LIABILITY EXEMPTION. (a) Except as otherwise
provided in par. (b), a peer support team or peer support
team member or a critical incident stress management
services team or critical incident stress management ser-
vices team member providing peer support services or
critical incident stress management services, respec-
tively, is not liable for damages, including personal
injury, wrongful death, property damage, or other loss
related to a peer support team member’s or critical inci-
dent stress management services team member’s act,
error, or omission in performing peer support services or
critical incident stress management services.
(b) Paragraph (a) does not apply to an action for med-
ical malpractice.
SECTION 2. 905.095 of the statutes is created to read:
905.095 Peer support and critical incident stress
management services communications. (1) DEFINI-
TIONS. In this section:
(a) “Communication” has the meaning given in s.
165.875 (1) (c).
(b) “Critical incident stress management services”
has the meaning given in s. 165.875 (1) (f).
(c) “Critical incident stress management services
team member” has the meaning given under s. 165.875
(1) (g).
(d) “Peer support services” has the meaning given in
s. 165.875 (1) (p).
(e) “Peer support team member” means a person who
is designated as a peer support team member under s.
165.875 (1) (q).
(2) GENERAL RULE OF PRIVILEGE. A person receiving
peer support services from a peer support team member
or a person receiving critical incident stress management
services from a critical incident stress management ser-
vices team member has a privilege during the person’s
life to refuse to disclose and to prevent any other person
from disclosing peer support communications or critical
incident stress management services communications,
including communications made during or arising out of
individual or group support sessions.
(3) WHO MAY CLAIM THE PRIVILEGE. The privilege
under this section may be claimed by the person who
received the peer support services or critical incident
stress management services or the guardian or conserva-
tor of the person who received the peer support services
or critical incident stress management services. A person
who was a peer support team member or critical incident
stress management services team member at the time of
the communication is presumed to have authority during
the life of the person who received the peer support ser-
vices or critical incident stress management services to
claim the privilege on behalf of the person who received
the peer support services or critical incident stress man-
agement services.
(4) EXCEPTIONS. (a) No privilege exists under this
section for any of the following:
1. Communication to a peer support team member or
critical incident stress management services team mem- − 4 −2023 Wisconsin Act 220 2023 Assembly Bill 576
ber that is evidence of actual or suspected child neglect
or abuse.
2. Communication to a peer support team member or
critical incident stress management services team mem-
ber that is evidence a person receiving peer support ser-
vices or critical incident stress management services is a
clear and immediate danger to himself or herself or oth-
ers.
3. Communication to a peer support team member or
critical incident stress management services team mem-
ber that is evidence that a person who is receiving the peer
support services or critical incident stress management
services has committed a crime, plans to commit a crime,
or intends to conceal a crime.
(b) A person receiving peer support or critical inci-
dent stress management services whose communications
are privileged under this section may waive the privilege
in writing.
SECTION 3.0Initial applicability.
(1) The treatment of s. 905.095 first applies to a com-
munication made to a peer support team member or a crit-
ical incident stress management services team member
on the effective date of this subsection.