Assembly Bill A9495

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9495
 
                           I N  A S S E M B L Y
 
                              January 7, 2026
                                ___________
 
 Introduced  by M. of A. GRIFFIN -- read once and referred to the Commit-
   tee 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:

   Section 1. Section 837-z of the executive law, as added by  a  chapter
 of  the  laws  of  2025 amending the executive law relating to providing
 confidentiality for communications arising out of law  enforcement  peer
 support  counseling,  as proposed in legislative bills numbers S. 6244-A
 and A. 6721-A, is amended to read as follows:
   § 837-z. Law enforcement peer support program.  1.    Definitions.  As
 used  in this section the following terms shall have the following mean-
 ings:
   (a) "Law enforcement agency" means any department,  division,  agency,
 board,  commission,  or public authority of the state or any subdivision
 thereof that employs police officers.
   (b) "Police officer" means a police officer as defined in section 1.20
 of the criminal procedure law.
   (c) "Peer support communication" includes:
   (i) an oral or written communication made in  the  course  of  a  peer
 support counseling session;
   (ii)  a  note  or  report  arising  out  of  a peer support counseling
 session; or
   (iii) a record of a peer support counseling session.
   (d) "Peer support counseling program" means a program  provided  by  a
 law  enforcement  agency  that  provides counseling services from a peer
 support specialist to a police officer of the law enforcement agency.
   (e) "Peer support counseling session" means  any  counseling  formally
 provided  through  a  peer  support  counseling  program  between a peer
 support specialist and one or more police officers.
   (f) "Peer support participant" means a  police  officer  who  receives
 counseling services from a peer support specialist.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06860-06-6
 A. 9495                             2
 
   (g) "Peer support specialist" means a police officer who:
   (i)  has  received  AN  APPROVED  training in peer support counseling,
 including providing emotional and moral support to police  officers  who
 have  been involved in or exposed to an emotionally traumatic experience
 in the course of employment; and
   (ii) is designated by a law enforcement agency to provide the services
 described in subparagraph (i) of this paragraph.
   2. Confidentiality. Except as provided in subdivision  three  of  this
 section[,]:
   (A)  a peer support specialist [or peer support participant] shall not
 disclose the contents of a peer support communication to  an  individual
 who was not a party to such peer support communication[.]; AND
   (B)  A  PEER  SUPPORT PARTICIPANT SHALL NOT DISCLOSE THE CONTENTS OF A
 PEER SUPPORT COMMUNICATION TO ANYONE EMPLOYED BY THE SAME  LAW  ENFORCE-
 MENT AGENCY WHO WAS NOT ORIGINALLY A PARTY TO SUCH PEER SUPPORT COMMUNI-
 CATION.
   3.  Exceptions.  [(a)]  A  [peer  support  specialist  or peer support
 participant may disclose the contents of a] peer  support  communication
 [that] SHALL NOT BE CONFIDENTIAL IF:
   (A) IT contains or reveals[:
   (i)] a specific threat of suicide, an expression of suicidal ideation,
 [or] engagement in self-harm[;
   (ii)], OR a threat of bodily harm or death[; or
   (iii)  information  relating  to  the  abuse  or  neglect of a child],
 PROVIDED DISCLOSURE OF SUCH COMMUNICATION SHALL ONLY  BE  PERMITTED  FOR
 THE  PURPOSE  OF  PREVENTING  OR  MITIGATING  SUCH HARM AND IS MADE TO A
 PERSON OR PERSONS REASONABLY IN A  POSITION  TO  PROVIDE  ASSISTANCE  IN
 PREVENTING OR MITIGATING SUCH HARM.
   (b)  [A  peer  support  specialist  or  peer support participant shall
 disclose the contents of a peer support communication:
   (i) that is required by law to be reported;
   (ii) that] IT contains an admission of criminal conduct; or
   [(iii) as ordered by a court of competent jurisdiction.
   (c) A peer support participant may at any time give their consent to a
 peer support specialist or peer  support  participant  to  disclose  the
 contents  of  their own peer support communication] (C) THE PEER SUPPORT
 PARTICIPANT HAS PROVIDED CONSENT FOR DISCLOSURE, WHICH MAY  BE  PROVIDED
 AT ANY TIME, AND THE DISCLOSURE IS CONSISTENT WITH SUCH CONSENT.
   4. DISCLOSURE.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO  PREVENT
 OR  LIMIT  DISCLOSURE  OF  THE  CONTENTS OF A PEER SUPPORT COMMUNICATION
 WHERE SUCH DISCLOSURE IS OTHERWISE REQUIRED BY LAW, INCLUDING,  BUT  NOT
 LIMITED TO:
   (A)  MANDATORY  REPORTING OF SUSPECTED CHILD ABUSE OR MALTREATMENT, IN
 ACCORDANCE WITH SECTION FOUR HUNDRED THIRTEEN  OF  THE  SOCIAL  SERVICES
 LAW; AND
   (B) MANDATORY FILING UNDER ARTICLE SIXTY-THREE-A OF THE CIVIL PRACTICE
 LAW AND RULES RELATING TO EXTREME RISK PROTECTION ORDERS; AND
   (C) AS ORDERED BY A COURT OF COMPETENT JURISDICTION.
   5.  Written notice. Before the initial peer support counseling session
 of a peer support participant, a peer support  specialist  shall  inform
 the  peer support participant in writing of the confidentiality require-
 ment under subdivision two of this section and the  exceptions  to  that
 requirement  under  [subdivision]  SUBDIVISIONS  three  AND FOUR of this
 section.
   [5.] 6. Rules and  regulations.    The  division  shall  IDENTIFY  AND
 APPROVE  TRAINING  COURSES  THAT  MEET THE DIVISION'S IDENTIFIED MINIMUM
 A. 9495                             3
 
 STANDARDS AND MAY promulgate rules and regulations necessary to effectu-
 ate this section [and shall be empowered  to  identify  minimum  certif-
 ications  required of trained members, approved training courses, record
 keeping requirements, and retraining requirements].
   §  2.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws  of  2025  amending  the  executive  law
 relating  to providing confidentiality for communications arising out of
 law enforcement peer support  counseling,  as  proposed  in  legislative
 bills numbers S. 6244-A and A. 6721-A, takes effect.