2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 59 - Depositions and Witnesses
5952 - Confidential communications to peer support members.

     § 5952.  Confidential communications to peer support members.
        (a)  Disclosure.--Except as provided under subsection (c), a
     peer support member who, while in the course of duty, has
     acquired information from a law enforcement officer in
     confidence may not be compelled or allowed without the consent
     of the law enforcement officer to disclose that information in
     any legal proceeding, trial or investigation before any
     government unit.
        (b)  Coparticipants.--Except as provided under subsection
     (c), a coparticipant who is present during the provision of peer
     support services may not be compelled or allowed, without the
     consent of the affected law enforcement officer, to disclose any
     communication made during the provision of peer support services
     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 peer support
        services or to other individuals.
            (2)  The law enforcement officer who received peer
        support services gives express consent to the disclosure.
            (3)  The law enforcement officer who received peer
        support 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 the
     provision of peer support services.
        "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, 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 and Boat
        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.
        "Peer support member."  A law enforcement officer who:
            (1)  Is assigned by a law enforcement agency.
            (2)  Receives a minimum of 24 hours of basic training in
        peer services, including listening, assessment and referral
        skills and basic critical incident stress management.
            (3)  Receives eight hours of continuing training each
        year.
            (4)  May be supervised by licensed psychologists.
     (July 9, 2010, P.L.381, No.53, eff. 60 days)

        2010 Amendment.  Act 53 added section 5952.