2012 -- S 2220

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LC00786

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO MILITARY AFFAIRS AND DEFENSE - EMERGENCY MANAGEMENT -

CRITICAL INCIDENT STRESS MANAGEMENT

     Introduced By: Senators Lanzi, Miller, Gallo, Doyle, and Jabour

     Date Introduced: January 24, 2012

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 30-15-3 of the General Laws in Chapter 30-15 entitled "Emergency

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Management" is hereby amended to read as follows:

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     30-15-3. Definitions. -- As used in this chapter:

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      (1) "Disaster" means occurrence or imminent threat of widespread or severe damage,

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injury, or loss of life or property resulting from any natural or man made cause, including but not

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limited to:

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      (i) Fire;

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      (ii) Flood;

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      (iii) Earthquake;

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      (iv) Wind, storm, wave action, oil spill, or other water contamination requiring

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emergency action to avert danger or damage;

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      (v) Volcanic activity;

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      (vi) Epidemic;

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      (vii) Air contamination;

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      (viii) Blight;

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      (ix) Drought;

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      (x) Infestation;

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      (xi) Explosion;

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      (xii) Riots;

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      (xiii) Hostile military or paramilitary action;

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      (xiv) Endangerment of the health, safety, or resources of the people of the state;

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      (xv) Acts of bioterrorism;

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      (2) "Political subdivision" means any city or town in Rhode Island;

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      (3) "Unorganized militia" means all able-bodied persons between the ages of sixteen (16)

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and fifty (50) years; and

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      (4) "Bioterrorism" means the intentional use of any microorganism, virus, infectious

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substance or biological product that may be engineered as a result of biotechnology or any

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naturally occurring or bioengineered component of any such microorganism, virus, infectious

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substance, or biological product, to cause death, disease or other biological malfunction in a

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human, an animal, a plant or other living organism.

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     (5) "Crisis response services" means consultation, risk assessment, referral, and/or on-site

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crisis intervention services provided by a Critical Incident Stress Management (CISM) team

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member or peer support member to individuals affected by crisis or disaster.

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     (6) "Critical Incident Stress Management (CISM) Team Member" means an individual

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specially trained to provide crisis response services as a member of an organized community or

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local crisis response organization who holds membership within the Rhode Island Critical

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Incident Stress Management Network.

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     (7) "Critical Incident Stress Management Network" means a connected system of

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specially trained peer support members that meet the requirements of membership and

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registration with the international critical incident stress foundation (ICISF).

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     (8) "Peer-Support Member" is an individual who is a member of a public safety or

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correctional organization who provides crisis response services and peer support to other safety

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service personnel. A peer support member shall be required to receive a minimum of twenty-four

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(24) hours initial training in peer support services and crisis intervention, and fourteen (14) hours

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of continuing education annually, through an accredited crisis response agency. Those peer

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support services may, but are not limited to, including listening, assessment, intervention and

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referral skills, and critical incident stress management.

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     (9) "Critical Incident" means a situation responded to by public safety organization

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personnel which has the potential for that public safety organization personnel to experience

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unusually strong emotional reactions.

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     (10) "Public safety organization personnel" as used in this section, means and includes

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any sworn member of the Rhode Island state police, or any chief or other member of the police

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department of any city or town regularly employed at a fixed salary or wage and any executive

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high sheriff, sheriff, deputy sheriff, member of the fugitive task force, or capitol police officer,

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permanent environmental police officer or criminal investigator of the department of

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environmental management, airport police officer, public college or university police department,

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or correctional officer, any chief or other member of the fire department or rescue personnel of

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any city, town or fire district, paid or volunteer, any chief or other member of the crash rescue

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section, division of airports, or department of transportation of State of Rhode Island regularly

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employed at a fixed salary or wage; any "Fire Marshal," "Chief Fire Marshal," and "Deputy Fire

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Marshal" mean and include the fire marshal, chief fire marshal, and deputy fire marshals

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regularly employed by the State of Rhode Island pursuant to the provisions of chapter 28.2 of title

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23. This shall include any civilian members of these public safety organizations listed in this

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section.

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     (11) "Co-participants" means a public safety organization person who participates in a

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group critical incident stress management team intervention.

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     (12) "Communication" means acquiring, recording, or transmitting any information, in

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any manner, concerning any facts, opinions, or statements necessary to enable critical incident

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stress management team member or peer-support member to provide appropriate crisis response

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services.

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     SECTION 2. Chapter 30-15 of the General Laws entitled "Emergency Management" is

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hereby amended by adding thereto the following section:

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     30-15-44. Testimonial privilege. – (a) Except as provided under subsection (c) a critical

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incident stress management team member or peer-support member who, while in the course of

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duty while providing crisis response services with any public safety organization personnel may

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not be compelled or allowed, without the consent of the public safety organization personnel, to

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disclose any communication made during the crisis response services provided in a legal

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proceeding, civil or criminal, trial or investigation; civil or criminal, or administrative proceeding,

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including administrative investigation.

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     (b) "Co-participants" Except as provided under subsection (c), a co-participant who is

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present during the course of a crisis response service may not be compelled or allowed, without

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the consent of the affected public safety organization personnel, to disclose any communication

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made during the crisis response services provided in a legal proceeding, civil or criminal, trial or

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investigation; civil or criminal, or administrative proceeding, including administrative

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investigation.

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     (c) "Exceptions" means the testimonial privilege established in subsections (a) and (b)

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shall not apply if any of the following apply:

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     (i) The communication indicates clear and present danger to the public safety

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organization personnel who received crisis response services or to other individuals.

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     (ii) The public safety organization personnel who received crisis response services gives

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express consent to the testimony.

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     (iii) The public safety organization personnel who received crisis response services is

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deceased and the surviving spouse or the executor or administrator of the estate of the deceased

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public safety organization personnel gives express consent.

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     SECTION 3. This act shall take effect upon passage.

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LC00786

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO MILITARY AFFAIRS AND DEFENSE - EMERGENCY MANAGEMENT -

CRITICAL INCIDENT STRESS MANAGEMENT

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     This act would create a testimonial privilege for emergency response personnel.

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     This act would take effect upon passage.

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LC00786

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