2022 -- H 7404

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LC004502

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - PUBLIC SAFETY

ORGANIZATION PERSONNEL AND PEER SUPPORT MEMBERS

     Introduced By: Representatives Noret, Hull, Casimiro, Baginski, Hawkins, Solomon,
Corvese, Vella-Wilkinson, Amore, and Craven

     Date Introduced: February 09, 2022

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND

GOVERNMENT" is hereby amended by adding thereto the following chapter:

CHAPTER 28.6.1

PUBLIC SAFETY ORGANIZATION PERSONNEL AND PEER SUPPORT MEMBERS -

TESTIMONIAL PRIVILEGE

     42-28.6.1-1. Definitions.

     As used in this chapter:

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

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

management team member or peer support member to provide appropriate crisis response services.

     (2) "Co-participant" means a public safety organization person who participates in a group

critical incident stress management team intervention.

     (3) "Crisis response services" means defusing, debriefing, consultation, risk assessment,

referral, and/or on-site crisis intervention services provided by a critical incident stress management

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

     (4) "Critical incident" means a situation responded to by the public safety organization

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

unusually strong emotional reactions.

     (5) "Critical incident stress management network" means a connected system of specially

trained peer support members that meet the requirements of membership and registration with the

International Critical Incident Stress Foundation (ICISF).

     (6) "Critical incident stress management (CISM) team member" means an individual

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

local crisis response organization who holds membership within the Rhode Island critical incident

stress management network.

     (7) "Peer Support member" means an individual who is a member of a public safety or

correctional organization active or retired who provides crisis response services and peer support

to other safety service personnel. A peer support member shall be required to receive a minimum

of twenty-four (24) hours initial training in peer support services and crisis intervention, and eight

(8) hours of continuing education annually, through an accredited crisis response agency. Those

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

referral skills, and critical incident stress management.

     (8) "Public safety organization personnel" as used in this chapter means and includes any

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

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

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

permanent environmental police officer or criminal investigator of the department of environmental

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

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

fire district, paid or volunteer, any chief or other member of the crash rescue section, division of

airports, or department of transportation of the State of Rhode Island regularly employed at a fixed

salary or wage, any fire marshal, chief fire marshal, and deputy fire marshal including the fire

marshal, chief fire marshal, and deputy fire marshals regularly employed by the State of Rhode

Island pursuant to the provisions of chapter 28.2 of title 23. Public safety organization personnel

shall include any civilian members of the aforementioned public safety organizations contained

herein.

     42-28.6.1-2. Testimonial privilege.

     (a) Except as provided under subsection (c) of this section a critical incident stress

management team member or peer support member, while in the course of duty and providing crisis

response services with any public safety organization personnel, may not be compelled or allowed,

without the consent of the affected public safety organization personnel, to disclose any

communication made during the crisis response services in any legal proceeding, civil or criminal,

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

investigation.

     (b) Except as provided under subsection (c) of this section, a co-participant who is present

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

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

the crisis response services in any legal proceeding, civil or criminal, trial or investigation; civil or

criminal, or administrative proceeding, including an administrative investigation.

     (c) Exceptions. The testimonial privilege established in this section shall not apply if any

one of the following conditions apply:

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

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

     (2) The public safety organization personnel who received crisis response service gives

express written consent to the testimony; or

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

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

public safety organization personnel gives express consent.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - PUBLIC SAFETY

ORGANIZATION PERSONNEL AND PEER SUPPORT MEMBERS

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     This act would establish a testimonial privilege for members of critical incident

management teams or peer support, while in the course of duty and providing crisis response

services not to disclose communications made during the crisis response in any civil, criminal or

administrative proceeding subject to certain exemptions.

     This act would take effect upon passage.

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