Pennsylvania § 5952 - Confidential communications to peer support members.

§ 5952. Confidential communications to peer support members.

(a) Disclosure.--Except as provided under subsection (c), a peer support member who, while in the course of duty, has acquired information from a law enforcement officer in confidence may not be compelled or allowed without the consent of the law enforcement officer to disclose that information in any legal proceeding, trial or investigation before any government unit.

(b) Coparticipants.--Except as provided under subsection (c), a coparticipant who is present during the provision of peer support services may not be compelled or allowed, without the consent of the affected law enforcement officer, to disclose any communication made during the provision of peer support services in a legal proceeding, trial or investigation before a government unit.

(c) Exceptions.--The privilege established under subsections (a) and (b) shall not apply if any of the following apply:

(1) The communication indicates clear and present danger to the law enforcement officer who received peer support services or to other individuals.

(2) The law enforcement officer who received peer support services gives express consent to the disclosure.

(3) The law enforcement officer who received peer support services is deceased and the surviving spouse or the executor or administrator of the estate of the deceased law enforcement officer gives express consent.

(d) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Coparticipant." An individual who participates in the provision of peer support services.

"Government unit." The General Assembly and its officers and agencies; the Governor and the departments, boards, commissions, authorities and officers and agencies of the Commonwealth or other instrumentalities thereof; any political subdivision, municipality, school district, local authority and the departments, boards, commissions, authorities and officers and agencies of such political subdivisions or other instrumentalities thereof; and any court or other officer or agency of the unified judicial system or instrumentality thereof.

"Law enforcement officer." Any of the following:

(1) A member of the Pennsylvania State Police.

(2) Any enforcement officer or investigator employed by the Pennsylvania Liquor Control Board.

(3) A parole agent of the Department of Corrections.

(4) A Capitol Police officer.

(5) A Department of Conservation and Natural Resources ranger.

(6) A drug enforcement agent of the Office of Attorney General whose principal duty is the enforcement of the drug laws of this Commonwealth and a special agent of the Office of Attorney General whose principal duty is the enforcement of the criminal laws of this Commonwealth.

(7) Any member of a port authority or other authority police department.

(8) Any police officer of a county, region, city, borough, town or township.

(9) Any sheriff or deputy sheriff.

(10) A member of the Pennsylvania Fish and Boat Commission.

(11) A Pennsylvania Wildlife Conservation Officer.

(12) A member of a campus police force with the power to arrest under section 2416 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929. As used in this paragraph, the term "campus police" has the meaning given in section 302 of the act of November 29, 2004 (P.L.1383, No.180), known as the Uniform Crime Reporting Act.

(13) A member of the Fort Indiantown Gap Police Force.

"Peer support member." A law enforcement officer who:

(1) Is assigned by a law enforcement agency.

(2) Receives a minimum of 24 hours of basic training in peer services, including listening, assessment and referral skills and basic critical incident stress management.

(3) Receives eight hours of continuing training each year.

(4) May be supervised by licensed psychologists.

(July 9, 2010, P.L.381, No.53, eff. 60 days; June 30, 2021, P.L.260, No.59, eff. imd.)

2021 Amendment. Act 59 amended subsec. (d). See section 28 of Act 59 in the appendix to this title for special provisions relating to reference in law.

2010 Amendment. Act 53 added section 5952.