(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 public safety responder or corrections officer in confidence may not be compelled or allowed without the consent of the public safety responder or corrections 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 public safety responder or corrections 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 public safety responder or corrections officer who received critical incident stress management services or to other individuals.
(2) The public safety responder or corrections officer who received critical incident stress management services gives express consent to the testimony.
(3) The public safety responder or corrections 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 public safety responder or corrections 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 is participating in a group critical incident stress management team intervention.
"Corrections officer." A corrections officer of the Commonwealth or of a political subdivision.
"Critical incident." A situation responded to by a public safety responder or corrections 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 public safety responder or corrections officer in the course of duty which causes or may cause the public safety responder or corrections 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 public safety responder or corrections 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 critical incident stress management team that holds membership in the Commonwealth's critical incident stress management network.
"Firefighter." A member of a municipal or volunteer fire company.
"First responder." An individual who is certified by the Department of Health as a first responder.
"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.
"Public safety responder." Any firefighter, emergency medical service personnel, ambulance service personnel or emergency telecommunicator, who in a critical incident is responsible for the protection and preservation of life, property, evidence and the environment, including an emergency response provider as defined in section 2 of the Homeland Security Act of 2002 (Public Law 107-296, 116 Stat. 2135), and emergency management and other skilled support personnel who provide immediate support services during prevention, response and recovery operations.
(July 9, 2010, P.L.381, No.53, eff. 60 days)
2010 Amendment. Act 53 added section 5951.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 59 - Depositions and Witnesses
Section 5902 - Effect of religious beliefs
Section 5903 - Compensation and expenses of witnesses
Section 5904 - Subpoena of witnesses
Section 5911 - Competency of witnesses generally
Section 5912 - Effect of prior convictions
Section 5913 - Spouses as witnesses against each other
Section 5914 - Confidential communications between spouses
Section 5915 - Testimony by spouse in rebuttal
Section 5916 - Confidential communications to attorney
Section 5917 - Notes of evidence at former trial
Section 5918 - Examination of defendant as to other offenses
Section 5919 - Depositions in criminal matters
Section 5920 - Expert testimony in certain criminal proceedings
Section 5921 - Interest not to disqualify
Section 5922 - Disqualification by perjury
Section 5923 - Confidential communications between spouses
Section 5924 - Spouses as witnesses against each other
Section 5925 - Testimony by married person against spouse in rebuttal
Section 5926 - Testimony by spouse after attack on character or conduct
Section 5927 - Actions by spouse to recover separate property
Section 5928 - Confidential communications to attorney
Section 5929 - Physicians not to disclose information
Section 5930 - Surviving party as witness, in case of death, mental incapacity, etc
Section 5931 - Incompetent witnesses
Section 5933 - Competency of surviving party
Section 5934 - Notes of evidence at former trial
Section 5935 - Examination of person adversely interested
Section 5936 - Medical testimony by deposition
Section 5941 - Persons who may be compelled to testify
Section 5942 - Confidential communications to news reporters
Section 5943 - Confidential communications to clergymen
Section 5944 - Confidential communications to psychiatrists or licensed psychologists
Section 5945 - Confidential communications to school personnel
Section 5945.1 - Confidential communications with sexual assault counselors.
Section 5945.2 - Confidential communications to crime stopper or similar anticrime program
Section 5945.3 - Confidential communications with human trafficking caseworkers
Section 5946 - Competency of certain witnesses where political subdivision is a party
Section 5947 - Immunity of witnesses
Section 5948 - Confidential communications to qualified professionals
Section 5949 - Confidential mediation communications and documents
Section 5950 - Confidential communications involving law enforcement officers
Section 5952 - Confidential communications to peer support members
Section 5961 - Short title of subchapter
Section 5963 - Summoning witness in this Commonwealth to testify in another state
Section 5964 - Witness from another state summoned to testify in this Commonwealth
Section 5965 - Exemption from arrest and service of process
Section 5971 - Short title of subchapter
Section 5973 - Scope of subchapter
Section 5974 - Summoning prisoner in this Commonwealth to testify in another state
Section 5976 - Terms and conditions
Section 5977 - Prisoner from another state summoned to testify in this Commonwealth
Section 5979 - Exemption from arrest and service of process
Section 5981 - Declaration of policy
Section 5983 - Rights and services
Section 5984 - Videotaped depositions (Repealed)
Section 5984.1 - Recorded testimony
Section 5985 - Testimony by contemporaneous alternative method
Section 5985.1 - Admissibility of certain statements
Section 5988 - Victims of sexual or physical abuse