House Bill 1062

AN ACT TO AMEND SECTION 13-1-22.1, MISSISSIPPI CODE OF 1972, TO REVISE PERSONS INCLUDED IN THE COVERAGE OF PRIVILEGED COMMUNICATIONS FOR EVIDENTIARY PURPOSES TO INCLUDE CERTIFIED PEER SUPPORT MEMBERS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 13-1-22.1, Mississippi Code of 1972, is amended as follows:

13-1-22.1. (1) As used in this section, unless the context clearly indicates otherwise:

(a) "Certified peer support member" means a current or retired law enforcement officer, * * *~~fireman~~ firefighter of a public or volunteer firefighting entity, emergency communications worker, a civilian employee of a first responding agency or entity 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 State * * *~~Board~~ Department of Health, the State Fire Academy or the Department of Public Safety's Office of Standards and Training to provide emotional and moral support to * * *an current or retired emergency service responder who needs those services as a result of job-related stress or an incident in which the emergency responder was involved while acting in his official capacity. Retired members must have retired in good standing and be receiving retirement benefits.

(b) "Peer support event" means any debriefing, defusing or counseling session conducted by a certified peer support member that involves the emotional or moral support of an emergency service responder who needs those services as a result of job-related stress or an incident in which the emergency service responder was involved while acting in his official capacity.

(c) "Emergency service responder" means a current or retired law enforcement officer, firefighter of a public or volunteer firefighting entity, emergency communications worker, a civilian employee of a first responding agency or entity or emergency medical technician of an emergency service agency or entity.

(2) A certified peer support member or participating emergency service responder shall not be compelled, without the consent of the emergency service responder making the communication, to testify or in any way disclose the contents of any communication made to the certified peer support member by the emergency responder while engaged in a peer support event. This privilege only applies when the communication was made to the certified peer support member during the course of an actual peer support event.

(3) The privilege shall not apply if:

(a) The certified peer support member was an initial emergency service responder, a witness or a party to the incident that prompted the providing of the peer support event to the emergency service responder;

(b) A communication reveals the intended commission of a crime or harmful act and such disclosure is determined to be necessary by the certified peer support member to protect any person from a clear, imminent risk of serious mental or physical harm or injury, or to forestall a serious threat to the public safety; or

(4) Any certified peer support member or participating service responder 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 or participating service responder to disclose the contents of a privileged communication, shall be guilty of a misdemeanor and shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment.

SECTION 2. This act shall take effect and be in force from and after July 1, 2023.