2012 -- H 7583

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LC01504

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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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 DaSilva, Guthrie, Azzinaro, and McLaughlin

     Date Introduced: February 15, 2012

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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

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

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     CHAPTER 28.6.1

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PUBLIC SAFETY ORGANIZATION PERSONNEL AND PEER SUPPORT MEMBERS -

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TESTIMONIAL PRIVILEGE

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     42-28.6.1-1. Definitions. -- As used in this chapter: (1) "Crisis Response Services" means

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consultation, risk assessment, referral, and/or on-site crisis intervention services provided by a

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critical incident stress management (CISM) team member or peer support member to individuals

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affected by crisis or disaster.

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

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

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

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stress management network.

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

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

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International Critical Incident Stress Foundation (ICISF).

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

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correctional organization who provides crisis response services and peer support to other safety

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service personnel. A peer support member shall be required to receive a minimum of twenty-four

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(24) hours initial training in peer support services and crisis intervention, and fourteen (14) hours

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of continuing education annually, through an accredited crisis response agency. Those peer-

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

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referral skills, and critical incident stress management.

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

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

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unusually strong emotional reactions.

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     (6) "Public safety organization personnel" as used in this section means and includes any

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

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

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

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permanent environmental police officer or criminal investigator of the department of

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

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

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any city, town or fire district, paid or volunteer, any chief or other member of the crash rescue

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section, division of airports, or department of transportation of state of Rhode Island regularly

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employed at a fixed salary or wage, any fire marshal, chief fire marshal, and deputy fire marshal

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mean and include the fire marshal, chief fire marshal, and deputy fire marshals regularly

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employed by the state of Rhode Island pursuant to the provisions of chapter 23-28.2. Public

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safety organization personnel shall include any civilian members of the aforementioned public

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safety organizations contained herein.

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

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group critical incident stress management team intervention.

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

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

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management team member or peer-support member to provide appropriate crisis response

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services.

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     42-28.6.1-2. Testimonial privilege. -- (a) Except as provided under subsection (c) herein

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a critical incident stress management team member or peer-support member, while in the course

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of duty and providing crisis response services with any public safety organization personnel, may

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not be compelled or allowed, without the consent of the affected public safety organization

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personnel, to disclose any communication made during the crisis response services in any legal

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

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including administrative investigation.

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     (b) Except as provided under subsection (c) herein, a co-participant who is present during

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

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

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

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criminal, or administrative proceeding, including administrative investigation.

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     (c) Exceptions. – The testimonial privilege established herein shall not apply if any of the

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following apply:

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

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

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

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express consent to the testimony.

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

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

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public safety organization personnel gives express consent.

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     SECTION 2. This act shall take effect upon passage.

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LC01504

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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 communications with critical incident

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stress management peer support personnel.

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     This act would take effect upon passage.

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LC01504

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