Sec. 2. CONFIDENTIALITY OF PEER SUPPORT COMMUNICATIONS
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## SEC. 2 CONFIDENTIALITY OF PEER SUPPORT COMMUNICATIONS **[**[34 U.S.C. 50901](/us/usc/t34/s50901)**]** ###
(a)Definitions In this section: ####
(1)Law enforcement agency The term “law enforcement agency” means a Federal agency that employs a law enforcement officer. ####
(2)Law enforcement officer The term “law enforcement officer” has the meaning given the term “Federal law enforcement officer” in section 115 of title 18, United States Code. ####
(3)Peer support communication The term “peer support communication” includes— #####
(A)an oral or written communication made in the course of a peer support counseling session; #####
(B)a note or report arising out of a peer support counseling session; #####
(C)a record of a peer support counseling session; or #####
(D)with respect to a communication made by a peer support participant in the course of a peer support counseling session, another communication, regarding the first communication, that is made between a peer support specialist and— ######
(i)another peer support specialist; ######
(ii)a staff member of a peer support counseling program; or ######
(iii)a supervisor of the peer support specialist. ####
(4)Peer support counseling program The term “peer support counseling program” means a program provided by a law enforcement agency that provides counseling services from a peer support specialist to a law enforcement officer of the agency. ####
(5)Peer support counseling session The term “peer support counseling session” means any counseling formally provided through a peer support counseling program between a peer support specialist and 1 or more law enforcement officers. ####
(6)Peer support participant The term “peer support participant” means a law enforcement officer who receives counseling services from a peer support specialist. ####
(7)Peer support specialist The term “peer support specialist” means a law enforcement officer who— #####
(A)has received training in— ######
(i)peer support counseling; and ######
(ii)providing emotional and moral support to law enforcement officers who have been involved in or exposed to an emotionally traumatic experience in the course of employment; and #####
(B)is designated by a law enforcement agency to provide the services described in subparagraph (A). ###
(b)Prohibition Except as provided in subsection (c), a peer support specialist or a peer support participant may not disclose the contents of a peer support communication to an individual who was not a party to the peer support communication. ###
(c)Exceptions Subsection
(b)shall not apply to a peer support communication if— ####
(1)the peer support communication contains— #####
(A)an explicit threat of suicide by an individual in which the individual— ######
(i)shares— ######
(I)an intent to die by suicide; and ######
(II)a plan for a suicide attempt or the means by which the individual plans to carry out a suicide attempt; and ######
(ii)does not solely share that the individual is experiencing suicidal thoughts; #####
(B)an explicit threat by an individual of imminent and serious physical bodily harm or death to another individual; #####
(C)information— ######
(i)relating to the abuse or neglect of— ######
(I)a child; or ######
(II)an older or vulnerable individual; or ######
(ii)that is required by law to be reported; or #####
(D)an admission of criminal conduct; ####
(2)the disclosure is permitted by each peer support participant who was a party to, as applicable— #####
(A)the peer support communication; #####
(B)the peer support counseling session out of which the peer support communication arose; #####
(C)the peer support counseling session of which the peer support communication is a record; or #####
(D)the communication made in the course of a peer support counseling session that the peer support communication is regarding; ####
(3)a court of competent jurisdiction issues an order or subpoena requiring the disclosure of the peer support communication; or ####
(4)the peer support communication contains information that is required by law to be disclosed. ###
(d)Rule of Construction Nothing in subsection
(b)shall be construed to prohibit the disclosure of— ####
(1)an observation made by a law enforcement officer of a peer support participant outside of a peer support counseling session; or ####
(2)knowledge of a law enforcement officer about a peer support participant not gained from a peer support communication. ###
(e)Disclosure of Rights Before the initial peer support counseling session of a peer support participant, a peer support specialist shall inform the peer support participant in writing of the confidentiality requirement under subsection
(b)and the exceptions to the requirement under subsection (c).
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Sec. 2
CONFIDENTIALITY OF PEER SUPPORT COMMUNICATIONS
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