Assembly Bill A10301

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10301

                          I N  A S S E M B L Y

                              May 22, 2012
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on Judiciary

AN  ACT  to  amend  the  civil  practice law and rules, in relation to a
  testimonial privilege for critical incident  stress  management/crisis
  response  team  members concerning communications made during critical
  incident stress management/crisis response services

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The civil practice law and rules is amended by adding a new
section 4508-a to read as follows:
  S  4508-A.  CRITICAL  INCIDENT  STRESS MANAGEMENT/CRISIS RESPONSE TEAM
MEMBER. (A) DEFINITIONS. 1. "CRITICAL INCIDENT STRESS  MANAGEMENT/CRISIS
RESPONSE  SERVICES"  MEANS CONTACT WITH A TRAINED MEMBER OF AN ORGANIZED
RESPONSE TEAM WHO PROVIDES CONSULTATION, RISK ASSESSMENT, REFERRAL,  AND
FOLLOW-UP SERVICES.
  2.  "A  TRAINED  MEMBER"  MEANS AN INDIVIDUAL WHO RECEIVED SPECIALIZED
TRAINING IN CRITICAL  INCIDENT  STRESS  MANAGEMENT/CRISIS  RESPONSE  AND
OFFERS SERVICES AS PART OF AN ORGANIZED RESPONSE TEAM.
  3.  "CRITICAL  INCIDENT  STRESS  MANAGEMENT/CRISIS  RESPONSE"  MEANS A
COMPREHENSIVE, INTEGRATED, STRATEGIC, AND  MULTI-COMPONENT  APPROACH  TO
MANAGE  CRITICAL  INCIDENT  STRESS DURING AND FOLLOWING INCIDENTS AND/OR
FOR ANY ISSUE THAT MAY IMPACT WORK AND FAMILY  LIFE.  CRITICAL  INCIDENT
STRESS MANAGEMENT/CRISIS RESPONSE SERVICES INCLUDE:
  A. PRE-INCIDENT EDUCATION AND PREPARATION.
  B. ASSESSMENT.
  C. CRISIS INTERVENTION.
  D. STRATEGIC PLANNING.
  E. LARGE GROUP INTERVENTIONS.
  F. SMALL GROUP INTERVENTIONS.
  G. ONE-ON-ONE ASSISTANCE.
  H. FAMILY CRITICAL INCIDENT STRESS MANAGEMENT.
  I. ORGANIZATIONAL, COMMUNITY INTERVENTION, AND CONSULTATION.
  J. PASTORAL CRISIS INTERVENTION.
  K. FOLLOW-UP AND REFERRAL.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD15833-01-2

A. 10301                            2

  (B) CONFIDENTIAL INFORMATION PRIVILEGED. A TRAINED MEMBER WHO RECEIVED
SPECIALIZED  TRAINING  IN  CRITICAL  INCIDENT  STRESS  MANAGEMENT/CRISIS
RESPONSE AS A MEMBER OF AN ORGANIZED RESPONSE TEAM SHALL NOT BE REQUIRED
TO DISCLOSE COMMUNICATION MADE BY AN  INDIVIDUAL  WHILE  RECEIVING  SUCH
SERVICES  OR  BE REQUIRED TO DISCLOSE HIS OR HER COMMUNICATIONS WITH THE
INDIVIDUAL  IN  NEED  OF  CRITICAL  INCIDENT  STRESS   MANAGEMENT/CRISIS
RESPONSE SERVICES; EXCEPT IF:
  1.    THE   INDIVIDUAL   WHO   RECEIVED   CRITICAL   INCIDENT   STRESS
MANAGEMENT/CRISIS RESPONSE SERVICES GIVES EXPRESS CONSENT TO THE  TESTI-
MONY.
  2.  THE  COMMUNICATION REVEALS THE CONTEMPLATION OF A CRIME OR HARMFUL
ACT.
  3.   THE   INDIVIDUAL   WHO   RECEIVED   CRITICAL   INCIDENT    STRESS
MANAGEMENT/CRISIS RESPONSE SERVICES IS DECEASED, THE SURVIVING SPOUSE OR
THE  EXECUTOR  OR ADMINISTRATOR OF THE ESTATE OF THE DECEASED INDIVIDUAL
GIVES EXPRESS CONSENT.
  4.   THE   INDIVIDUAL   WHO   RECEIVED   CRITICAL   INCIDENT    STRESS
MANAGEMENT/CRISIS RESPONSE SERVICES VOLUNTARILY TESTIFIES, IN WHICH CASE
THE TEAM MEMBER CAN BE COMPELLED TO TESTIFY ON THE SAME SUBJECT.
  5. THE COURT IN CAMERA DETERMINES THAT THE INFORMATION COMMUNICATED BY
THE  INDIVIDUAL  WHO RECEIVED CRITICAL INCIDENT STRESS MANAGEMENT/CRISIS
RESPONSE SERVICES IS NOT GERMANE TO THE RELATIONSHIP BETWEEN  THE  INDI-
VIDUAL AND THE TEAM MEMBER.
  S 2. This act shall take effect immediately.