HB 105

Sponsor
Session
Regular Session 2018
Title
Emergency responders, certified peer support member, certain communications privileged, criminal penalties for violation
Description

Relating to emergency responders; to provide that certain communications made by emergency responders are privileged; to provide criminal penalties for a violation; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

Subjects
Emergency Responders
View Original PDF: HB 105 - Engrossed - PDF

Relating to emergency responders; to provide that certain communications made by emergency responders are privileged; to provide criminal penalties for a violation; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

Section 1

(a) As used in this act, the following terms shall have the following meanings: (1) CERTIFIED PEER SUPPORT MEMBER. A law enforcement officer, firefighter, paramedic, emergency dispatcher, emergency medical technician of an emergency service agency or entity, or a person who is assigned to be a chaplain by an emergency service agency, who has received training in critical incident stress management and who is certified as a peer support member by the Department of Public Health or the Alabama State Law Enforcement Agency to provide emotional and moral support to an emergency responder who needs emotional or moral support as a result of job-related stress or an incident in which the emergency responder was involved while acting in his or her official capacity. (2) EMERGENCY RESPONDER. A law enforcement officer, firefighter, paramedic, emergency dispatcher, or emergency medical technician of an emergency service agency or entity. (3) PEER SUPPORT EVENT. Any debriefing, defusing, or coaching session conducted by a certified peer support member that involves the emotional or moral support of an emergency responder who needs emotional or moral support as a result of job-related stress or an incident in which the emergency responder was involved while acting in his or her official capacity. (b) In order to become a certified peer support member, all of the following must apply: (1) The person must be an emergency responder or a chaplain of an emergency service agency. (2) The person must complete training in critical stress management or peer support by a recognized training agency. Recognized training agencies include, but are not limited to, the International Critical Incident Stress Foundation, the National Organization for Victim Assistance, the American Red Cross, and the Regional Counterdrug Training Academy. (3) The person must be designated by a sheriff, police chief, fire chief, or other head of a law enforcement agency, fire department, rescue agency, or a public safety agency to provide peer support services to an emergency responder or the spouse of an emergency responder. (c) Any communication made by an emergency responder to a certified peer support member during a peer support event is privileged. The emergency responder may waive the privilege. The certified peer support member may not be compelled to testify or otherwise disclose the contents of any privileged communication under this act. (d) A communication made by an emergency responder to a certified peer support member is not privileged if any of the following apply: (1) The certified peer support member was an initial emergency service responder, a witness, or a party to the incident that prompted the communication to the certified peer support member. (2) The communication reveals the intended commission of a crime or otherwise harmful act, and the disclosure of the communication is determined to be necessary by the certified peer support member to protect any person from a clear and imminent risk of mental or physical harm or to forestall a serious threat to public safety. (3) The communication reveals that a crime was committed. (e) Any certified peer support member who reveals the contents of a privileged communication, or any person who threatens, intimidates, or in any way attempts to compel a certified peer support member to disclose the contents of a privileged communication, shall be guilty of a Class B misdemeanor.

Section 2

Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 3

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

No articles found.
Action Date Chamber Action
March 22, 2018HForwarded to Governor on March 22, 2018 at 2:22 p.m. on March 22, 2018.
March 22, 2018HAssigned Act No. 2018-416.
March 22, 2018HClerk of the House Certification
March 22, 2018HEnrolled
March 22, 2018SSignature Requested
March 22, 2018HPassed Second House
March 22, 2018SMotion to Read a Third Time and Pass adopted Roll Call 1038
March 22, 2018SThird Reading Passed
March 15, 2018SRead for the second time and placed on the calendar
January 30, 2018SRead for the first time and referred to the Senate committee on Judiciary
January 30, 2018HEngrossed
January 30, 2018HMotion to Read a Third Time and Pass adopted Roll Call 129
January 30, 2018HGivan intended to vote Yea
January 30, 2018HMotion to Adopt adopted Roll Call 128
January 30, 2018HFridy Amendment Offered
January 30, 2018HMotion to Adopt adopted Roll Call 127
January 30, 2018HJudiciary Amendment Offered
January 30, 2018HThird Reading Passed
January 18, 2018HRead for the second time and placed on the calendar 1 amendment
January 9, 2018HRead for the first time and referred to the House of Representatives committee on Judiciary
2018-03-22
Chamber: Senate
Result: Passed
2018-01-30
Chamber: House
Result: Passed
2018-01-30
Chamber: House
Result: Passed
2018-01-30
Chamber: House
Result: Passed