1 HB112
2 210646-3
3 By Representatives Pettus, Hanes and Bedsole
4 RFD: Public Safety and Homeland Security
5 First Read: 02-FEB-21
6 PFD: 01/26/2021
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HB112
1
2 ENROLLED, An Act,
3 Relating to emergency responders; to amend Section
4 36-21-14, Code of Alabama 1975, to authorize the Alabama Fire
5 College to provide certification to certain peer support
6 members.
7 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
8 Section 1. Section 36-21-14, Code of Alabama 1975,
9 is amended to read as follows:
10 "36-21-14.
11 "(a) As used in this section, the following terms
12 shall have the following meanings:
13 "(1) CERTIFIED PEER SUPPORT MEMBER. A law
14 enforcement officer, firefighter, paramedic, emergency
15 dispatcher, emergency medical technician of an emergency
16 service agency or entity, An emergency responder or a person
17 who is assigned to be a chaplain by an emergency service
18 agency, who has received training in critical incident stress
19 management and who is certified as a peer support member by
20 the Alabama State Law Enforcement Agency or the Alabama Fire
21 College to provide emotional and moral support to an emergency
22 responder who needs emotional or moral support as a result of
23 job-related stress or an incident in which the emergency
24 responder was involved while acting in his or her official
25 capacity.
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1 "(2) EMERGENCY RESPONDER. A law enforcement officer,
2 firefighter, wildland firefighter, paramedic, emergency
3 dispatcher, or emergency medical technician of an emergency
4 service agency or entity.
5 "(3) PEER SUPPORT EVENT. Any debriefing, defusing,
6 or coaching session conducted by a certified peer support
7 member that involves the emotional or moral support of an
8 emergency responder who needs emotional or moral support as a
9 result of job-related stress or an incident in which the
10 emergency responder was involved while acting in his or her
11 official capacity.
12 "(b) In order to become a certified peer support
13 member, all of the following must apply:
14 "(1) The person must be an emergency responder or a
15 chaplain of an emergency service agency.
16 "(2) The person must complete training in critical
17 stress management or peer support by a recognized training
18 agency. Recognized training agencies include, but are not
19 limited to, the International Critical Incident Stress
20 Foundation, the National Organization for Victim Assistance,
21 the American Red Cross, and the Regional Counterdrug Training
22 Academy.
23 "(3) The person must be designated in writing by a
24 sheriff, police chief, fire chief, or other head of a law
25 enforcement agency, fire department, rescue agency, or a
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1 public safety agency to provide peer support services to an
2 emergency responder or the spouse of an emergency responder.
3 Only one certified peer support person may be assigned per any
4 specific peer support event.
5 "(4) Law enforcement officers, emergency
6 dispatchers, or persons assigned to be a chaplain by an
7 emergency service agency, must be certified by the Alabama
8 State Law Enforcement Agency. Firefighters, wildland
9 firefighters, paramedics, and emergency medical technicians of
10 an emergency service agency or entity, or persons assigned to
11 be a chaplain by an emergency service agency, must be
12 certified by the Alabama Fire College.
13 "(c) Any communication made by an emergency
14 responder to a certified peer support member during a peer
15 support event is privileged. The emergency responder may waive
16 the privilege. The certified peer support member may not be
17 compelled to testify or otherwise disclose the contents of any
18 privileged communication under this section.
19 "(d) A communication made by an emergency responder
20 to a certified peer support member is not privileged if any of
21 the following apply:
22 "(1) The certified peer support member was an
23 initial emergency service responder, a witness, or a party to
24 the incident that prompted the communication to the certified
25 peer support member.
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1 "(2) The communication reveals the intended
2 commission of a crime or otherwise harmful act, and the
3 disclosure of the communication is determined to be necessary
4 by the certified peer support member to protect any person
5 from a clear and imminent risk of mental or physical harm or
6 to forestall a serious threat to public safety.
7 "(3) The communication reveals that a crime was
8 committed.
9 "(4) A court determines the communications are not
10 privileged under the exceptions provided in Rule 503(d),
11 Alabama Rules of Evidence."
12 Section 2. This act shall become effective on the
13 first day of the third month following its passage and
14 approval by the Governor, or its otherwise becoming law.
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1
2
3
4 Speaker of the House of Representatives
5
6 President and Presiding Officer of the Senate
7 House of Representatives
8 I hereby certify that the within Act originated in
9 and was passed by the House 11-MAR-21, as amended.
10
11 Jeff Woodard
12 Clerk
13
14
15
16 Senate 29-APR-21 Passed
17
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Statutes affected:
Introduced: 36-21-14
Engrossed: 36-21-14
Enrolled: 36-21-14