2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 59 - Depositions and Witnesses
5950 - Confidential communications involving law enforcement officers.

     § 5950.  Confidential communications involving law enforcement
                officers.
        (a)  Disclosure.--Except as provided under subsection (c), a
     critical incident stress management team member who, while in
     the course of duty, has acquired information from any law
     enforcement officer in confidence may not be compelled or
     allowed without the consent of the law enforcement officer to
     disclose that information in a legal proceeding, trial or
     investigation before any government unit.
        (b)  Coparticipants.--Except as provided under subsection
     (c), a coparticipant who is present during the course of a
     critical incident stress management team intervention may not be
     compelled or allowed, without the consent of the affected law
     enforcement officer, to disclose any communication made during
     the intervention in a legal proceeding, trial or investigation
     before a government unit.
        (c)  Exceptions.--The privilege established under subsections
     (a) and (b) shall not apply if any of the following apply:
            (1)  The communication indicates clear and present danger
        to the law enforcement officer who received critical incident
        stress management services or to other individuals.
            (2)  The law enforcement officer who received critical
        incident stress management services gives express consent to
        the disclosure.
            (3)  The law enforcement officer who received critical
        incident stress management services is deceased and the
        surviving spouse or the executor or administrator of the
        estate of the deceased law enforcement officer gives express
        consent.
        (d)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Coparticipant."  An individual who participates in a group
     critical incident stress management team intervention.
        "Critical incident."  A situation responded to by a law
     enforcement officer which presents or involves either the death
     or serious bodily injury of an individual or the imminent
     potential of such death or serious bodily injury, or any
     situation faced by a law enforcement officer in the course of
     duty which causes or may cause the law enforcement officer to
     experience unusually strong negative emotional reactions.
        "Critical Incident Stress Management Network."  A network
     that meets the requirements of membership with the Pennsylvania
     Voluntary Critical Incident Stress Management Network as
     administered by the Department of Health and is registered with
     the International Critical Incident Stress Foundation.
        "Critical incident stress management services." Consultation,
     risk assessment, education, intervention, briefing, defusing,
     debriefing, onsite services, referral and other crisis
     intervention services provided by a critical incident stress
     management team to a law enforcement officer prior to, during or
     after a critical incident.
        "Critical incident stress management team member."  An
     individual who is specially trained to provide critical incident
     stress management services as a member of a police agency or
     organization critical incident stress management team that holds
     membership in the Commonwealth's critical incident stress
     management network.
        "Government unit."  The General Assembly and its officers and
     agencies; the Governor and the departments, boards, commissions,
     authorities and officers and agencies of the Commonwealth or
     other instrumentalities thereof; any political subdivision,
     municipality, school district or other local authority and the
     departments, boards, commissions, authorities and officers and
     agencies of such political subdivisions or other
     instrumentalities thereof; and any court or other officer or
     agency of the unified judicial system or instrumentality
     thereof.
        "Law enforcement officer."  Any of the following:
            (1)  A member of the Pennsylvania State Police.
            (2)  Any enforcement officer or investigator employed by
        the Pennsylvania Liquor Control Board.
            (3)  A parole agent, enforcement officer and investigator
        of the Pennsylvania Board of Probation and Parole.
            (4)  A Capitol Police officer.
            (5)  A Department of Conservation and Natural Resources
        ranger.
            (6)  A drug enforcement agent of the Office of Attorney
        General whose principal duty is the enforcement of the drug
        laws of this Commonwealth and a special agent of the Office
        of Attorney General whose principal duty is the enforcement
        of the criminal laws of this Commonwealth.
            (7)  Any member of a port authority or other authority
        police department.
            (8)  Any police officer of a county, region, city,
        borough, town or township.
            (9)  Any sheriff or deputy sheriff.
            (10)  A member of the Pennsylvania Fish Commission.
            (11)  A Pennsylvania Wildlife Conservation Officer.
            (12)  A member of a campus police force with the power to
        arrest under section 2416 of the act of April 9, 1929
        (P.L.177, No.175), known as The Administrative Code of 1929.
        As used in this paragraph, the term "campus police" has the
        meaning given in section 302 of the act of November 29, 2004
        (P.L.1383, No.180), known as the Uniform Crime Reporting Act.
            (13)  A member of the Fort Indiantown Gap Police Force.
     (July 9, 2010, P.L.381, No.53, eff. 60 days)

        2010 Amendment.  Act 53 added section 5950.

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