00 HOUSE BILL NO. 353 01 "An Act relating to peer support counseling programs for law enforcement agencies, 02 emergency service providers, and the Department of Corrections." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04  * Section 1. AS 18.95 is amended by adding new sections to read: 05 Sec. 18.95.020. Peer support counseling. (a) A law enforcement agency, 06 emergency service provider, and the department may establish a peer support 07 counseling program to provide emotional and moral support and counseling to peace 08 officers and emergency service personnel who have experienced emotionally 09 traumatic incidents in the course of employment. 10 (b) A law enforcement agency, emergency service provider, or the department 11 may designate an employee of the agency, provider, or department to serve as a peer 12 support counselor for the peer support counseling program of the agency, provider, or 13 department if the employee has received training in counseling and providing 14 emotional and moral support to peace officers and emergency service personnel who 01 have experienced emotionally traumatic incidents in the course of employment. 02 Sec. 18.95.030. Peer support counseling confidentiality. (a) A written or oral 03 communication made by a participant or counselor during a peer support counseling 04 session or made between counselors, supervisors, or staff members relating to a peer 05 support counseling session is confidential and may not be disclosed by a participant, 06 counselor, supervisor, or staff member to another person. Nothing in this subsection 07 prohibits communications relating to a peer support counseling session between 08 counselors, supervisors, and staff members of a peer support counseling program. 09 (b) Oral or written information generated as a result of a peer support 10 counseling session is confidential and is not subject to public disclosure under 11 AS 40.25.100 - 40.25.295 (Alaska Public Records Act). The oral or written 12 information is not admissible in a criminal or civil proceeding. A person may not be 13 compelled to disclose oral or written information through discovery or testimony in a 14 civil or criminal proceeding. Records and information collected through the peer 15 support counseling program are not subject to discovery or subpoena in connection 16 with a civil or criminal proceeding. This subsection does not apply to information that 17 was acquired 18 (1) through observations made during the regular course of 19 employment of a peace officer or emergency service personnel, or other material or 20 information acquired during the course of employment of a peace officer or 21 emergency service personnel, that is otherwise subject to discovery or introduction 22 into evidence; or 23 (2) by a peer support counselor in the course of the counselor's 24 response to an incident as the initial responding peace officer or emergency service 25 personnel, witness, or party to the incident for which a person sought peer support 26 counseling. 27 (c) This section does not apply to 28 (1) a threat of suicide or homicide made by a participant in a peer 29 support counseling session or any information relating to a threat of suicide or 30 homicide; 31 (2) information that is required by law to be reported; 01 (3) information relating to the abuse of a child or a vulnerable adult; 02 (4) any admission of criminal conduct. 03 Sec. 18.95.040. Definitions. In AS 18.95.020 - 18.95.040, 04 (1) "department" means the Department of Corrections; 05 (2) "emergency service personnel" means a firefighter, an emergency 06 medical technician, a first responder in an emergency situation, or an emergency 07 service dispatcher; in this paragraph, "firefighter" has the meaning given in 08 AS 09.65.295(c); 09 (3) "emergency service provider" means an organization or agency that 10 provides services in response to emergency situations of imminent danger to life or 11 property or assists in coordinating an emergency response to emergency situations of 12 imminent danger to life or property; 13 (4) "law enforcement agency" means a public agency that performs as 14 one of its principal functions an activity relating to crime prevention, control, or 15 reduction or relating to the enforcement of the criminal law; "law enforcement 16 agency" does not include a court; 17 (5) "peace officer" means 18 (A) an officer of the state troopers; 19 (B) a member of the police force of a municipality; 20 (C) a village public safety officer; 21 (D) a regional public safety officer; 22 (E) a correctional officer; in this paragraph, "correctional 23 officer" has the meaning given in AS 18.65.290; and 24 (F) an officer whose duty it is to enforce and preserve the 25 public peace; 26 (6) "peer support counseling" means counseling that occurs in an 27 established peer support counseling program between two or more peace officers or 28 emergency service personnel of a law enforcement agency, emergency service 29 provider, or the department, one of whom has received training to provide emotional 30 and moral support and counseling to peace officers and emergency personnel who 31 need those services as a result of emotionally traumatic incidents experienced in the 01 course of employment; 02 (7) "peer support counseling program" means a program established by 03 a law enforcement agency, emergency service provider, or the department to provide 04 counseling or support services to peace officers and emergency service personnel 05 employed by the agency, provider, or department.