1 | 1 | | LRB-2634/1 |
---|
2 | 2 | | SWB:skw&cjs&cdc |
---|
3 | 3 | | 2023 - 2024 LEGISLATURE |
---|
4 | 4 | | 2023 SENATE BILL 621 |
---|
5 | 5 | | November 7, 2023 - Introduced by Senators JAMES, BALLWEG, JACQUE, FELZKOWSKI |
---|
6 | 6 | | and NASS, cosponsored by Representatives KITCHENS, DITTRICH, DONOVAN, |
---|
7 | 7 | | MICHALSKI, O'CONNOR, SNYDER, WICHGERS and GOEBEN. Referred to Committee |
---|
8 | 8 | | on Mental Health, Substance Abuse Prevention, Children and Families. |
---|
9 | 9 | | ***AUTHORS SUBJECT TO CHANGE*** |
---|
10 | 10 | | AN ACT to create 165.875 and 905.095 of the statutes; relating to: public safety |
---|
11 | 11 | | peer counseling and privilege for peer support and critical incident stress |
---|
12 | 12 | | management services communications and granting rule-making authority. |
---|
13 | 13 | | Analysis by the Legislative Reference Bureau |
---|
14 | 14 | | This bill requires the Department of Justice to establish and implement a |
---|
15 | 15 | | program under which a law enforcement agency, a tribal law enforcement agency, a |
---|
16 | 16 | | fire protection or emergency medical service agency, or any other agency that |
---|
17 | 17 | | employs law enforcement officers, tribal law enforcement officers, correctional |
---|
18 | 18 | | officers, jail officers, juvenile detention officers, fire fighters, dispatchers, emergency |
---|
19 | 19 | | medical responders, emergency medical services practitioners, public safety |
---|
20 | 20 | | personnel, or ambulance service provider personnel, may establish peer support |
---|
21 | 21 | | teams and critical incident stress management (CISM) services teams. |
---|
22 | 22 | | The bill requires the DOJ to organize a program of training required for |
---|
23 | 23 | | membership on a peer support team or CISM team to provide peer support services |
---|
24 | 24 | | or CISM services. The bill requires the Law Enforcement Standards Board (LESB) |
---|
25 | 25 | | to coordinate with the Department of Health Services, the state fire marshal, and |
---|
26 | 26 | | any other relevant agency or entity it determines appropriate to advise LESB in |
---|
27 | 27 | | establishment of the curriculum. |
---|
28 | 28 | | Under the bill, if an agency establishes a peer support team or a CISM services |
---|
29 | 29 | | team, the agency must develop written guidelines for the team and its members. |
---|
30 | 30 | | Under the bill, individuals must be officially designated by an agency head or the |
---|
31 | 31 | | agency head's designee to be a peer support team member or a CISM services team |
---|
32 | 32 | | 1 |
---|
33 | 33 | | 2 |
---|
34 | 34 | | 3 - 2 -2023 - 2024 Legislature LRB-2634/1 |
---|
35 | 35 | | SWB:skw&cjs&cdc |
---|
36 | 36 | | SENATE BILL 621 |
---|
37 | 37 | | member and must successfully complete approved training. Except for actions for |
---|
38 | 38 | | medical malpractice, the bill provides a liability exemption for peer support teams |
---|
39 | 39 | | and team members and CISM services teams and team members providing peer |
---|
40 | 40 | | support or CISM services. |
---|
41 | 41 | | The bill establishes certain protections for communications with peer support |
---|
42 | 42 | | team members and CISM services team members. Under the bill, a communication |
---|
43 | 43 | | is defined as an oral statement, written statement, note, record, report, or document |
---|
44 | 44 | | made during or arising out of a meeting between a recipient of peer support services |
---|
45 | 45 | | or CISM services and a peer support team member or a CISM services team member. |
---|
46 | 46 | | The bill provides that, with certain exceptions, a peer support team member or a |
---|
47 | 47 | | CISM services team member may refuse to disclose communications made by a |
---|
48 | 48 | | person receiving peer support services or CISM services, including individual or |
---|
49 | 49 | | group support sessions, if the peer support team member or CISM services team |
---|
50 | 50 | | member is acting in the capacity of a peer support team member or CISM services |
---|
51 | 51 | | team member and is functioning within the team member's written guidelines. |
---|
52 | 52 | | Communications made by a person receiving or providing peer support or CISM |
---|
53 | 53 | | services are not subject to public inspection, copying, or disclosure. The protections |
---|
54 | 54 | | under the bill do not apply if the peer support team member or CISM services team |
---|
55 | 55 | | member was a witness or a party to the incident that prompted the delivery of peer |
---|
56 | 56 | | support services or CISM services. The bill also provides that no privilege exists for |
---|
57 | 57 | | a communication to a peer support team member or CISM services team member |
---|
58 | 58 | | that is any of the following: 1) evidence of actual or suspected child neglect or abuse; |
---|
59 | 59 | | 2) evidence that a person receiving peer support services or CISM services is a clear |
---|
60 | 60 | | and immediate danger to himself or herself or others; or 3) evidence that the person |
---|
61 | 61 | | receiving services has committed a crime, plans to commit a crime, or intends to |
---|
62 | 62 | | conceal a crime. Under the bill, a person receiving services who is entitled to claim |
---|
63 | 63 | | the privilege for communications relating to those services may waive the privilege |
---|
64 | 64 | | in writing. |
---|
65 | 65 | | For further information see the state and local fiscal estimate, which will be |
---|
66 | 66 | | printed as an appendix to this bill. |
---|
67 | 67 | | The people of the state of Wisconsin, represented in senate and assembly, do |
---|
68 | 68 | | enact as follows: |
---|
69 | 69 | | SECTION 1. 165.875 of the statutes is created to read: |
---|
70 | 70 | | 165.875 Public safety peer counseling. (1) DEFINITIONS. In this section: |
---|
71 | 71 | | (a) “Agency” means a law enforcement agency, a tribal law enforcement agency, |
---|
72 | 72 | | a fire protection or emergency medical service agency, or any other agency that |
---|
73 | 73 | | employs law enforcement officers, tribal law enforcement officers, correctional |
---|
74 | 74 | | officers, jail officers, juvenile detention officers, fire fighters, dispatchers, emergency |
---|
75 | 75 | | 1 |
---|
76 | 76 | | 2 |
---|
77 | 77 | | 3 |
---|
78 | 78 | | 4 |
---|
79 | 79 | | 5 |
---|
80 | 80 | | 6 - 3 -2023 - 2024 Legislature |
---|
81 | 81 | | LRB-2634/1 |
---|
82 | 82 | | SWB:skw&cjs&cdc |
---|
83 | 83 | | SECTION 1 |
---|
84 | 84 | | SENATE BILL 621 |
---|
85 | 85 | | medical responders, emergency medical services practitioners, public safety |
---|
86 | 86 | | personnel, or ambulance service provider personnel. |
---|
87 | 87 | | (b) “Ambulance service provider” has the meaning given in s. 256.01 (3). |
---|
88 | 88 | | (c) “Communication” means an oral statement, written statement, note, record, |
---|
89 | 89 | | report, or document made during or arising out of a meeting between a recipient of |
---|
90 | 90 | | peer support services or critical incident stress management services and a peer |
---|
91 | 91 | | support team member or a critical incident stress management services team |
---|
92 | 92 | | member. |
---|
93 | 93 | | (d) “Correctional officer" has the meaning given in s. 301.28 (1). |
---|
94 | 94 | | (e) “Critical incident” means an actual or perceived event or situation that |
---|
95 | 95 | | involves a crisis, disaster, trauma, or emergency. |
---|
96 | 96 | | (f) “Critical incident stress management services” means services provided by |
---|
97 | 97 | | a critical incident stress management services team or a critical incident stress |
---|
98 | 98 | | management services team member to any law enforcement officer, tribal law |
---|
99 | 99 | | enforcement officer, correctional officer, jail officer, juvenile detention officer, fire |
---|
100 | 100 | | fighter, dispatcher, emergency medical responder, emergency medical services |
---|
101 | 101 | | practitioner, public safety personnel, ambulance service provider personnel, or |
---|
102 | 102 | | civilian employee or volunteer member of a law enforcement agency affected by a |
---|
103 | 103 | | critical incident and designed to assist the individual affected by a critical incident |
---|
104 | 104 | | to cope with critical incident stress or to mitigate reactions to critical incident stress. |
---|
105 | 105 | | “Critical incident stress management services” includes any of the following: |
---|
106 | 106 | | 1. Critical incident stress defusings. |
---|
107 | 107 | | 2. Critical incident stress debriefings. |
---|
108 | 108 | | 3. On-scene support services. |
---|
109 | 109 | | 4. One-on-one support services. |
---|
110 | 110 | | 1 |
---|
111 | 111 | | 2 |
---|
112 | 112 | | 3 |
---|
113 | 113 | | 4 |
---|
114 | 114 | | 5 |
---|
115 | 115 | | 6 |
---|
116 | 116 | | 7 |
---|
117 | 117 | | 8 |
---|
118 | 118 | | 9 |
---|
119 | 119 | | 10 |
---|
120 | 120 | | 11 |
---|
121 | 121 | | 12 |
---|
122 | 122 | | 13 |
---|
123 | 123 | | 14 |
---|
124 | 124 | | 15 |
---|
125 | 125 | | 16 |
---|
126 | 126 | | 17 |
---|
127 | 127 | | 18 |
---|
128 | 128 | | 19 |
---|
129 | 129 | | 20 |
---|
130 | 130 | | 21 |
---|
131 | 131 | | 22 |
---|
132 | 132 | | 23 |
---|
133 | 133 | | 24 |
---|
134 | 134 | | 25 - 4 -2023 - 2024 Legislature LRB-2634/1 |
---|
135 | 135 | | SWB:skw&cjs&cdc |
---|
136 | 136 | | SECTION 1 SENATE BILL 621 |
---|
137 | 137 | | (g) “Critical incident stress management services team member” means any |
---|
138 | 138 | | law enforcement officer, tribal law enforcement officer, correctional officer, jail |
---|
139 | 139 | | officer, juvenile detention officer, fire fighter, dispatcher, emergency medical |
---|
140 | 140 | | responder, emergency medical services practitioner, public safety personnel, |
---|
141 | 141 | | ambulance service provider personnel, civilian employee or volunteer member of a |
---|
142 | 142 | | law enforcement agency, or other person who has been trained in critical incident |
---|
143 | 143 | | stress management services and officially designated by the agency head or the |
---|
144 | 144 | | agency head's designee to be a member of the agency's critical incident stress |
---|
145 | 145 | | management services team. |
---|
146 | 146 | | (h) “Emergency medical responder" has the meaning given in s. 256.01 (4p). |
---|
147 | 147 | | (i) “Emergency medical services practitioner" has the meaning given in s. |
---|
148 | 148 | | 256.01 (5). |
---|
149 | 149 | | (j) “Fire fighter" means any person employed by the state or a political |
---|
150 | 150 | | subdivision as a member or officer of a fire department or a member of a volunteer |
---|
151 | 151 | | fire department, including the state fire marshal and deputies. |
---|
152 | 152 | | (k) “Jail officer" has the meaning given in s. 165.85 (2) (bn). |
---|
153 | 153 | | (L) “Juvenile detention facility” has the meaning given in s. 48.02 (10r). |
---|
154 | 154 | | (m) “Juvenile detention officer” has the meaning given in s. 165.85 (2) (bt). |
---|
155 | 155 | | (n) “Law enforcement agency" means a governmental unit of one or more |
---|
156 | 156 | | persons employed full time by this state or a political subdivision of this state for the |
---|
157 | 157 | | purpose of preventing and detecting crime and enforcing state laws or local |
---|
158 | 158 | | ordinances, employees of which unit are authorized to make arrests for crimes while |
---|
159 | 159 | | acting within the scope of their authority. |
---|
160 | 160 | | (o) “Law enforcement officer” means any person employed by the state or a |
---|
161 | 161 | | political subdivision for the purpose of detecting and preventing crime and enforcing |
---|
162 | 162 | | 1 |
---|
163 | 163 | | 2 |
---|
164 | 164 | | 3 |
---|
165 | 165 | | 4 |
---|
166 | 166 | | 5 |
---|
167 | 167 | | 6 |
---|
168 | 168 | | 7 |
---|
169 | 169 | | 8 |
---|
170 | 170 | | 9 |
---|
171 | 171 | | 10 |
---|
172 | 172 | | 11 |
---|
173 | 173 | | 12 |
---|
174 | 174 | | 13 |
---|
175 | 175 | | 14 |
---|
176 | 176 | | 15 |
---|
177 | 177 | | 16 |
---|
178 | 178 | | 17 |
---|
179 | 179 | | 18 |
---|
180 | 180 | | 19 |
---|
181 | 181 | | 20 |
---|
182 | 182 | | 21 |
---|
183 | 183 | | 22 |
---|
184 | 184 | | 23 |
---|
185 | 185 | | 24 |
---|
186 | 186 | | 25 - 5 -2023 - 2024 Legislature |
---|
187 | 187 | | LRB-2634/1 |
---|
188 | 188 | | SWB:skw&cjs&cdc |
---|
189 | 189 | | SECTION 1 |
---|
190 | 190 | | SENATE BILL 621 |
---|
191 | 191 | | laws or ordinances and who is authorized to make arrests for violations of the laws |
---|
192 | 192 | | or ordinances the person is employed to enforce, whether that enforcement authority |
---|
193 | 193 | | extends to all laws or ordinances or is limited to specific laws or ordinances. “Law |
---|
194 | 194 | | enforcement officer” includes a person appointed as a conservation warden by the |
---|
195 | 195 | | department of natural resources under s. 23.10 (1). |
---|
196 | 196 | | (p) “Peer support services” means any debriefing, defusing, on-scene, or |
---|
197 | 197 | | one-on-one session provided by a peer support team member that provides |
---|
198 | 198 | | emotional and moral support to any law enforcement officer, tribal law enforcement |
---|
199 | 199 | | officer, correctional officer, jail officer, juvenile detention officer, fire fighter, |
---|
200 | 200 | | dispatcher, emergency medical responder, emergency medical services practitioner, |
---|
201 | 201 | | public safety personnel, ambulance service provider personnel, or civilian employee |
---|
202 | 202 | | or volunteer member of a law enforcement agency affected by stress or an incident, |
---|
203 | 203 | | whether personal or professional. |
---|
204 | 204 | | (q) “Peer support team member” means any law enforcement officer, tribal law |
---|
205 | 205 | | enforcement officer, jail officer, juvenile detention officer, fire fighter, dispatcher, |
---|
206 | 206 | | emergency medical responder, emergency medical services practitioner, public |
---|
207 | 207 | | safety personnel, ambulance service provider personnel, civilian employee or |
---|
208 | 208 | | volunteer member of a law enforcement agency, or other person who has been trained |
---|
209 | 209 | | in peer support services and officially designated by the agency head or the agency |
---|
210 | 210 | | head's designee to be a member of the agency's peer support team. |
---|
211 | 211 | | (r) “Political subdivision” has the meaning given in s. 165.85 (2) (d). |
---|
212 | 212 | | (s) “Public safety personnel” means an employee of a governmental entity who, |
---|
213 | 213 | | by virtue of the person's job duties, provides support to peace officers, including |
---|
214 | 214 | | dispatchers, public safety telecommunicators, crime scene and crime laboratory |
---|
215 | 215 | | technicians, and criminal analysts. |
---|
216 | 216 | | 1 |
---|
217 | 217 | | 2 |
---|
218 | 218 | | 3 |
---|
219 | 219 | | 4 |
---|
220 | 220 | | 5 |
---|
221 | 221 | | 6 |
---|
222 | 222 | | 7 |
---|
223 | 223 | | 8 |
---|
224 | 224 | | 9 |
---|
225 | 225 | | 10 |
---|
226 | 226 | | 11 |
---|
227 | 227 | | 12 |
---|
228 | 228 | | 13 |
---|
229 | 229 | | 14 |
---|
230 | 230 | | 15 |
---|
231 | 231 | | 16 |
---|
232 | 232 | | 17 |
---|
233 | 233 | | 18 |
---|
234 | 234 | | 19 |
---|
235 | 235 | | 20 |
---|
236 | 236 | | 21 |
---|
237 | 237 | | 22 |
---|
238 | 238 | | 23 |
---|
239 | 239 | | 24 |
---|
240 | 240 | | 25 - 6 -2023 - 2024 Legislature LRB-2634/1 |
---|
241 | 241 | | SWB:skw&cjs&cdc |
---|
242 | 242 | | SECTION 1 SENATE BILL 621 |
---|
243 | 243 | | (t) “Trained” means a person who has successfully completed an approved peer |
---|
244 | 244 | | support training program or an approved critical incident stress management |
---|
245 | 245 | | training program. |
---|
246 | 246 | | (u) “Tribal law enforcement agency" has the meaning given in s. 165.83 (1) (e). |
---|
247 | 247 | | (v) “Tribal law enforcement officer” has the meaning given in s. 165.85 (2) (g). |
---|
248 | 248 | | (2) CREATION; OPERATION. (a) The department of justice shall establish and |
---|
249 | 249 | | implement a program for the establishment of peer support teams and critical |
---|
250 | 250 | | incident stress management services teams. The department of justice shall |
---|
251 | 251 | | organize a program of training as provided under s. 165.86 (2) (b) for membership on |
---|
252 | 252 | | a peer support team to provide peer support services and for membership on a critical |
---|
253 | 253 | | incident stress management services team to provide critical incident stress |
---|
254 | 254 | | management services. The law enforcement standards board shall establish |
---|
255 | 255 | | minimum curriculum standards for the training programs to provide training in a |
---|
256 | 256 | | manner similar to that provided for law enforcement training under s. 165.85, except |
---|
257 | 257 | | that the board shall coordinate with the department of health services, the state fire |
---|
258 | 258 | | marshal, and any other relevant agency or entity it determines appropriate to advise |
---|
259 | 259 | | the board in establishment of the curriculum. |
---|
260 | 260 | | (b) An individual may not provide peer support services unless that individual |
---|
261 | 261 | | successfully completes a peer support training program required for membership on |
---|
262 | 262 | | a peer support team. An individual may not provide critical incident stress |
---|
263 | 263 | | management services services unless that individual successfully completes a |
---|
264 | 264 | | critical incident stress management services training program required for |
---|
265 | 265 | | membership on a critical incident stress management services team. The board shall |
---|
266 | 266 | | prescribe the means for presenting evidence of fulfillment of these requirements. |
---|
267 | 267 | | 1 |
---|
268 | 268 | | 2 |
---|
269 | 269 | | 3 |
---|
270 | 270 | | 4 |
---|
271 | 271 | | 5 |
---|
272 | 272 | | 6 |
---|
273 | 273 | | 7 |
---|
274 | 274 | | 8 |
---|
275 | 275 | | 9 |
---|
276 | 276 | | 10 |
---|
277 | 277 | | 11 |
---|
278 | 278 | | 12 |
---|
279 | 279 | | 13 |
---|
280 | 280 | | 14 |
---|
281 | 281 | | 15 |
---|
282 | 282 | | 16 |
---|
283 | 283 | | 17 |
---|
284 | 284 | | 18 |
---|
285 | 285 | | 19 |
---|
286 | 286 | | 20 |
---|
287 | 287 | | 21 |
---|
288 | 288 | | 22 |
---|
289 | 289 | | 23 |
---|
290 | 290 | | 24 - 7 -2023 - 2024 Legislature |
---|
291 | 291 | | LRB-2634/1 |
---|
292 | 292 | | SWB:skw&cjs&cdc |
---|
293 | 293 | | SECTION 1 |
---|
294 | 294 | | SENATE BILL 621 |
---|
295 | 295 | | (c) The department of justice shall promulgate rules to implement this section, |
---|
296 | 296 | | including all of the following: |
---|
297 | 297 | | 1. Procedures for establishment of a peer support team or a critical incident |
---|
298 | 298 | | stress management services team. |
---|
299 | 299 | | 2. Procedures for designation of individuals to be peer support team members, |
---|
300 | 300 | | critical incident stress management services team members, or both. |
---|
301 | 301 | | (d) 1. An agency may establish a peer support team and, if a peer support team |
---|
302 | 302 | | is established, shall develop written guidelines for the peer support team and its peer |
---|
303 | 303 | | support team members. |
---|
304 | 304 | | 2. An agency may establish a critical incident stress management services |
---|
305 | 305 | | team and, if a critical incident stress management services team is established, shall |
---|
306 | 306 | | develop written guidelines for the critical incident stress management services team |
---|
307 | 307 | | and its critical incident stress management services team members. |
---|
308 | 308 | | 3. No agency may establish or maintain a peer support team or critical incident |
---|
309 | 309 | | stress management services team unless the agency complies with rules |
---|
310 | 310 | | promulgated under this section. |
---|
311 | 311 | | (e) In order to qualify as a peer support team member, an individual shall |
---|
312 | 312 | | successfully complete a peer support training program approved under this section. |
---|
313 | 313 | | In order to qualify as a critical incident stress management services team member, |
---|
314 | 314 | | an individual shall successfully complete a critical incident stress management |
---|
315 | 315 | | services training program approved under this section. |
---|
316 | 316 | | (f) Subject to par. (g), in accordance with s. 905.095, a peer support team |
---|
317 | 317 | | member or critical incident stress management services team member may refuse |
---|
318 | 318 | | to disclose communications made by a person receiving peer support services or |
---|
319 | 319 | | 1 |
---|
320 | 320 | | 2 |
---|
321 | 321 | | 3 |
---|
322 | 322 | | 4 |
---|
323 | 323 | | 5 |
---|
324 | 324 | | 6 |
---|
325 | 325 | | 7 |
---|
326 | 326 | | 8 |
---|
327 | 327 | | 9 |
---|
328 | 328 | | 10 |
---|
329 | 329 | | 11 |
---|
330 | 330 | | 12 |
---|
331 | 331 | | 13 |
---|
332 | 332 | | 14 |
---|
333 | 333 | | 15 |
---|
334 | 334 | | 16 |
---|
335 | 335 | | 17 |
---|
336 | 336 | | 18 |
---|
337 | 337 | | 19 |
---|
338 | 338 | | 20 |
---|
339 | 339 | | 21 |
---|
340 | 340 | | 22 |
---|
341 | 341 | | 23 |
---|
342 | 342 | | 24 - 8 -2023 - 2024 Legislature LRB-2634/1 |
---|
343 | 343 | | SWB:skw&cjs&cdc |
---|
344 | 344 | | SECTION 1 SENATE BILL 621 |
---|
345 | 345 | | critical incident stress management services, including individual or group support |
---|
346 | 346 | | sessions. |
---|
347 | 347 | | (g) Paragraph (f) applies only to communications made during interactions |
---|
348 | 348 | | conducted by a peer support team member or critical incident stress management |
---|
349 | 349 | | services team member who is doing all of the following: |
---|
350 | 350 | | 1. Acting in the team member's capacity as a peer support team member or |
---|
351 | 351 | | critical incident stress management services team member. |
---|
352 | 352 | | 2. Functioning within the written peer support guidelines or critical incident |
---|
353 | 353 | | stress management services guidelines that are in effect for the team member's |
---|
354 | 354 | | respective agency. |
---|
355 | 355 | | (h) Subject to the requirements under par. (g), communications made by a |
---|
356 | 356 | | person receiving or providing peer support services or critical incident stress |
---|
357 | 357 | | management services, including communications made during or arising out of |
---|
358 | 358 | | individual or group support sessions, are not open to public inspection, copying, or |
---|
359 | 359 | | disclosure under s. 19.35. |
---|
360 | 360 | | (i) This section does not apply if any of the following are true: |
---|
361 | 361 | | 1. A peer support team member or a critical incident stress management |
---|
362 | 362 | | services team member was a witness or a party to the incident that prompted the |
---|
363 | 363 | | delivery of peer support services or critical incident stress management services. |
---|
364 | 364 | | 2. Information received by a peer support team member or a critical incident |
---|
365 | 365 | | stress management services team member is indicative of actual or suspected child |
---|
366 | 366 | | abuse or actual or suspected child neglect. |
---|
367 | 367 | | 3. The person receiving peer support services or critical incident stress |
---|
368 | 368 | | management services is a clear and immediate danger to himself or herself or others. |
---|
369 | 369 | | 1 |
---|
370 | 370 | | 2 |
---|
371 | 371 | | 3 |
---|
372 | 372 | | 4 |
---|
373 | 373 | | 5 |
---|
374 | 374 | | 6 |
---|
375 | 375 | | 7 |
---|
376 | 376 | | 8 |
---|
377 | 377 | | 9 |
---|
378 | 378 | | 10 |
---|
379 | 379 | | 11 |
---|
380 | 380 | | 12 |
---|
381 | 381 | | 13 |
---|
382 | 382 | | 14 |
---|
383 | 383 | | 15 |
---|
384 | 384 | | 16 |
---|
385 | 385 | | 17 |
---|
386 | 386 | | 18 |
---|
387 | 387 | | 19 |
---|
388 | 388 | | 20 |
---|
389 | 389 | | 21 |
---|
390 | 390 | | 22 |
---|
391 | 391 | | 23 |
---|
392 | 392 | | 24 - 9 -2023 - 2024 Legislature |
---|
393 | 393 | | LRB-2634/1 |
---|
394 | 394 | | SWB:skw&cjs&cdc |
---|
395 | 395 | | SECTION 1 |
---|
396 | 396 | | SENATE BILL 621 |
---|
397 | 397 | | 4. Communication to a peer support team member or a critical incident stress |
---|
398 | 398 | | management services team member provides evidence that the person who is |
---|
399 | 399 | | receiving the peer support services or critical incident stress management services |
---|
400 | 400 | | has committed a crime, plans to commit a crime, or intends to conceal a crime. |
---|
401 | 401 | | (3) LIABILITY EXEMPTION. (a) Except as otherwise provided in par. (b), a peer |
---|
402 | 402 | | support team or peer support team member or a critical incident stress management |
---|
403 | 403 | | services team or critical incident stress management services team member |
---|
404 | 404 | | providing peer support services or critical incident stress management services, |
---|
405 | 405 | | respectively, is not liable for damages, including personal injury, wrongful death, |
---|
406 | 406 | | property damage, or other loss related to a peer support team member's or critical |
---|
407 | 407 | | incident stress management services team member's act, error, or omission in |
---|
408 | 408 | | performing peer support services or critical incident stress management services. |
---|
409 | 409 | | (b) Paragraph (a) does not apply to an action for medical malpractice. |
---|
410 | 410 | | SECTION 2. 905.095 of the statutes is created to read: |
---|
411 | 411 | | 905.095 Peer support and critical incident stress management |
---|
412 | 412 | | services communications. (1) DEFINITIONS. In this section: |
---|
413 | 413 | | (a) “Communication” has the meaning given in s. 165.875 (1) (c). |
---|
414 | 414 | | (b) “Critical incident stress management services” has the meaning given in s. |
---|
415 | 415 | | 165.875 (1) (f). |
---|
416 | 416 | | (c) “Critical incident stress management services team member” has the |
---|
417 | 417 | | meaning given under s. 165.875 (1) (g). |
---|
418 | 418 | | (d) “Peer support services” has the meaning given in s. 16.875 (1) (p). |
---|
419 | 419 | | (e) “Peer support team member” means a person who is designated as a peer |
---|
420 | 420 | | support team member under s. 165.875 (1) (q). |
---|
421 | 421 | | 1 |
---|
422 | 422 | | 2 |
---|
423 | 423 | | 3 |
---|
424 | 424 | | 4 |
---|
425 | 425 | | 5 |
---|
426 | 426 | | 6 |
---|
427 | 427 | | 7 |
---|
428 | 428 | | 8 |
---|
429 | 429 | | 9 |
---|
430 | 430 | | 10 |
---|
431 | 431 | | 11 |
---|
432 | 432 | | 12 |
---|
433 | 433 | | 13 |
---|
434 | 434 | | 14 |
---|
435 | 435 | | 15 |
---|
436 | 436 | | 16 |
---|
437 | 437 | | 17 |
---|
438 | 438 | | 18 |
---|
439 | 439 | | 19 |
---|
440 | 440 | | 20 |
---|
441 | 441 | | 21 |
---|
442 | 442 | | 22 |
---|
443 | 443 | | 23 |
---|
444 | 444 | | 24 - 10 -2023 - 2024 Legislature LRB-2634/1 |
---|
445 | 445 | | SWB:skw&cjs&cdc |
---|
446 | 446 | | SECTION 2 SENATE BILL 621 |
---|
447 | 447 | | (2) GENERAL RULE OF PRIVILEGE. A person receiving peer support services from |
---|
448 | 448 | | a peer support team member or a person receiving critical incident stress |
---|
449 | 449 | | management services from a critical incident stress management services team |
---|
450 | 450 | | member has a privilege during the person's life to refuse to disclose and to prevent |
---|
451 | 451 | | any other person from disclosing peer support communications or critical incident |
---|
452 | 452 | | stress management services communications, including communications made |
---|
453 | 453 | | during or arising out of individual or group support sessions. |
---|
454 | 454 | | (3) WHO MAY CLAIM THE PRIVILEGE. The privilege under this section may be |
---|
455 | 455 | | claimed by the person who received the peer support services or critical incident |
---|
456 | 456 | | stress management services or the guardian or conservator of the person who |
---|
457 | 457 | | received the peer support services or critical incident stress management services. |
---|
458 | 458 | | A person who was a peer support team member or critical incident stress |
---|
459 | 459 | | management services team member at the time of the communication is presumed |
---|
460 | 460 | | to have authority during the life of the person who received the peer support services |
---|
461 | 461 | | or critical incident stress management services to claim the privilege on behalf of the |
---|
462 | 462 | | person who received the peer support services or critical incident stress management |
---|
463 | 463 | | services. |
---|
464 | 464 | | (4) EXCEPTIONS. (a) No privilege exists under this section for any of the |
---|
465 | 465 | | following: |
---|
466 | 466 | | 1. Communication to a peer support team member or critical incident stress |
---|
467 | 467 | | management services team member that is evidence of actual or suspected child |
---|
468 | 468 | | neglect or abuse. |
---|
469 | 469 | | 2. Communication to a peer support team member or critical incident stress |
---|
470 | 470 | | management services team member that is evidence a person receiving peer support |
---|
471 | 471 | | 1 |
---|
472 | 472 | | 2 |
---|
473 | 473 | | 3 |
---|
474 | 474 | | 4 |
---|
475 | 475 | | 5 |
---|
476 | 476 | | 6 |
---|
477 | 477 | | 7 |
---|
478 | 478 | | 8 |
---|
479 | 479 | | 9 |
---|
480 | 480 | | 10 |
---|
481 | 481 | | 11 |
---|
482 | 482 | | 12 |
---|
483 | 483 | | 13 |
---|
484 | 484 | | 14 |
---|
485 | 485 | | 15 |
---|
486 | 486 | | 16 |
---|
487 | 487 | | 17 |
---|
488 | 488 | | 18 |
---|
489 | 489 | | 19 |
---|
490 | 490 | | 20 |
---|
491 | 491 | | 21 |
---|
492 | 492 | | 22 |
---|
493 | 493 | | 23 |
---|
494 | 494 | | 24 - 11 -2023 - 2024 Legislature |
---|
495 | 495 | | LRB-2634/1 |
---|
496 | 496 | | SWB:skw&cjs&cdc |
---|
497 | 497 | | SECTION 2 |
---|
498 | 498 | | SENATE BILL 621 |
---|
499 | 499 | | services or critical incident stress management services is a clear and immediate |
---|
500 | 500 | | danger to himself or herself or others. |
---|
501 | 501 | | 3. Communication to a peer support team member or critical incident stress |
---|
502 | 502 | | management services team member that is evidence that a person who is receiving |
---|
503 | 503 | | the peer support services or critical incident stress management services has |
---|
504 | 504 | | committed a crime, plans to commit a crime, or intends to conceal a crime. |
---|
505 | 505 | | (b) A person receiving peer support or critical incident stress management |
---|
506 | 506 | | services whose communications are privileged under this section may waive the |
---|
507 | 507 | | privilege in writing. |
---|
508 | 508 | | SECTION 3.0Initial applicability. |
---|
509 | 509 | | (1) The treatment of s. 905.095 first applies to a communication made to a peer |
---|
510 | 510 | | support team member or a critical incident stress management services team |
---|
511 | 511 | | member on the effective date of this subsection. |
---|
512 | 512 | | (END) |
---|
513 | 513 | | 1 |
---|
514 | 514 | | 2 |
---|
515 | 515 | | 3 |
---|
516 | 516 | | 4 |
---|
517 | 517 | | 5 |
---|
518 | 518 | | 6 |
---|
519 | 519 | | 7 |
---|
520 | 520 | | 8 |
---|
521 | 521 | | 9 |
---|
522 | 522 | | 10 |
---|
523 | 523 | | 11 |
---|
524 | 524 | | 12 |
---|
525 | 525 | | 13 |
---|
526 | 526 | | 14 |
---|