HB 254

This bill would provide that certain communications made by emergency responders to certified peer support members, as defined, would be privileged. The bill would also provide criminal penalties for a violation of the privilege

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, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

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, or emergency medical technician of an emergency service agency or entity 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, or emergency medical technician of an emergency service agency or entity. (3) PEER SUPPORT EVENT. Any debriefing, defusing, or counseling 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) 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. (c) 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. (d) 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.