71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to A-Eng. SB 415
 
LC 676/SB 415-A3
 
                       HOUSE AMENDMENTS TO
                   A-ENGROSSED SENATE BILL 415
 
                    By COMMITTEE ON JUDICIARY
 
                             May 18
 
  On page 1 of the printed A-engrossed bill, line 2, after '
181.653' delete the rest of the line and insert ', 181.665 and
181.860.'.
  On page 3, after line 2, insert:
  '  { +  SECTION 4. + } ORS 181.860 is amended to read:
  ' 181.860. (1) For the purposes of this section:
  ' (a) 'Emergency services provider' means any public employer
that employs persons to provide firefighting services.
  ' (b) 'Emergency services personnel' means any employee of an
emergency services provider who is engaged in providing
firefighting services.
  ' (c) 'Employee assistance program' means a program established
by a law enforcement agency or emergency services provider to
provide counseling or support services to employees of the law
enforcement agency or emergency services provider.
  ' (d) 'Law enforcement agency' means any county sheriff,
municipal police department, the Oregon State Police and any
state or local public body that employs   { - law enforcement
officers - }  { +  public safety personnel + }.
  ' (e)   { -  ' Law enforcement officer' - }   { +  ' Public
safety personnel' + } means a sheriff, deputy sheriff, municipal
police officer, state police officer, parole officer or probation
officer { + , corrections employee, certified reserve officer,
telecommunicator or emergency medical dispatcher + }.
  ' (2) Any communication made by a participant or counselor in a
peer support counseling session conducted by a law enforcement
agency or by an emergency services provider for   { - law
enforcement officers - }   { + public safety personnel + } or
emergency services personnel, and any oral or written information
conveyed in the peer support counseling session, is confidential
and may not be disclosed by any person participating in the peer
support counseling session.
  ' (3) Any communication relating to a peer support counseling
session made confidential under subsection (2) of this section
that is made between counselors, between counselors and the
supervisors or staff of an employee assistance program, or
between the supervisors or staff of an employee assistance
program, is confidential and may not be disclosed.
  ' (4) The provisions of this section apply only to peer support
counseling sessions conducted by an employee or other person who:
  ' (a) Has been designated by a law enforcement agency or
emergency services provider, or by an employee assistance
program, to act as a counselor; and
  ' (b) Has received training in counseling and in providing
emotional and moral support to   { - law enforcement officers - }
 { + public safety personnel + } or emergency services personnel
who have been involved in emotionally traumatic incidents by
reason of their employment.
  ' (5) The provisions of this section apply to all oral
communications, notes, records and reports arising out of a peer
support counseling session. Any notes, records or reports arising
out of a peer support counseling session are not public records
for the purpose of ORS 192.410 to 192.505.
  ' (6) Any communication made by a participant or counselor in a
peer support counseling session subject to this section, and any
oral or written information conveyed in a peer support counseling
session subject to this section, is not admissible in any
judicial proceeding, administrative proceeding, arbitration
proceeding or other adjudicatory proceeding. Communications and
information made confidential under this section may not be
disclosed by the participants in any judicial proceeding,
administrative proceeding, arbitration proceeding or other
adjudicatory proceeding. The limitations on disclosure imposed by
this subsection include disclosure during any discovery conducted
as part of an adjudicatory proceeding.
  ' (7) Nothing in this section limits the discovery or
introduction in evidence of knowledge acquired by any   { - law
enforcement officer - }   { + public safety personnel + } or
emergency services personnel from observation made during the
course of employment, or material or information acquired during
the course of employment, that is otherwise subject to discovery
or introduction in evidence.
  ' (8) This section does not apply to:
  ' (a) Any threat of suicide or homicide made by a participant
in a peer support counseling session, or any information conveyed
in a peer support counseling session relating to a threat of
suicide or homicide;
  ' (b) Any information relating to abuse of children or of the
elderly, or other information that is required to be reported by
law; or
  ' (c) Any admission of criminal conduct.
  ' (9) This section does not prohibit any communications between
counselors who conduct peer support counseling sessions, or any
communications between counselors and the supervisors or staff of
an employee assistance program.'.
                         ----------