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REFERENCE TITLE: critical incident stress management; privilege |
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State of Arizona Senate Fiftieth Legislature First Regular Session 2011
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SB 1260 |
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Introduced by Senator Gray
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AN ACT
amending title 38, chapter 8, ARTICLE 1, Arizona Revised Statutes, by adding section 38‑1105; relating to law enforcement officers.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 38, chapter 8, article 1, Arizona Revised Statutes, is amended by adding section 38-1105, to read:
38-1105. Critical incident stress management team member; privilege; exceptions; definitions
A. Except as provided in subsection B, a critical incident stress management team member who, in the course of the member's duties, acquires information secretly and in confidence from any law enforcement officer, probation officer or firefighter may not be compelled or allowed to disclose that information in a legal proceeding, trial or investigation before any agency of this state or a political subdivision of this state.
B. Subsection A does not apply if:
1. The communication or advice indicates clear and present danger to the law enforcement officer, probation officer or firefighter who receives crisis response services or to other persons.
2. The law enforcement officer, probation officer or firefighter who received crisis response services gives express consent to the testimony.
3. The law enforcement officer, probation officer or firefighter who received crisis response services is deceased and the surviving spouse or the administrator of the estate of the deceased law enforcement officer, probation officer or firefighter gives express consent.
4. The law enforcement officer, probation officer or firefighter who received crisis response services voluntarily testifies, in which case the critical incident stress management team member may be compelled to testify on the same subject.
C. For the purposes of this section:
1. "Crisis response services" means consultation, risk assessment, referral and onsite crisis intervention services provided by a critical incident stress management team to a law enforcement officer, probation officer or firefighter.
2. "Critical incident stress management team member" means an individual who is specially trained to provide crisis response services as a member of a law enforcement, probation or firefighter organization crisis response team.
3. "Firefighter" means a municipal or state firefighter.
4. "Law enforcement officer" means:
(a) An individual, other than a probationary employee, who is certified by the Arizona peace officer standards and training board, other than a person employed by a multi‑county water conservation district.
(b) A detention officer or correction officer, other than a probationary employee, who is employed by this state or a political subdivision of this state.
5. "Probation officer" means a probation officer or surveillance officer, other than a probationary employee, who is employed by this state or a political subdivision of this state.