Legislation

* § 837-z. Law enforcement peer support program. 1. Definitions. As
used in this section the following terms shall have the following
meanings:

(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.

(g) "Peer support specialist" means a police officer who:

(i) has received 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 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.

3. Exceptions.

(a) A peer support specialist or peer support participant may disclose
the contents of a peer support communication that contains or reveals:

(i) a specific threat of suicide, an expression of suicidal ideation,
or engagement in self-harm;

(ii) a threat of bodily harm or death; or

(iii) information relating to the abuse or neglect of a child.

(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 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.

4. 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
requirement under subdivision two of this section and the exceptions to
that requirement under subdivision three of this section.

5. Rules and regulations. The division shall promulgate rules and
regulations necessary to effectuate this section and shall be empowered
to identify minimum certifications required of trained members, approved
training courses, record keeping requirements, and retraining
requirements.

* NB Effective March 18, 2026