HOUSE BILL REPORT
HB 2366
As Reported by House Committee On:
Judiciary
Title: An act relating to privileged communications by fire fighters.
Brief Description: Making certain communications between fire fighters and peer support group counselors privileged.
Sponsors: Representative B. Sullivan.
Brief History:
Judiciary: 1/11/06, 1/18/06 [DP].
Brief Summary of Bill |
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HOUSE COMMITTEE ON JUDICIARY
Majority Report: Do pass. Signed by Representatives Lantz, Chair; Flannigan, Vice Chair; Williams, Vice Chair; Priest, Ranking Minority Member; Rodne, Assistant Ranking Minority Member; Campbell, Kirby, Serben, Springer and Wood.
Staff: Edie Adams (786-7180).
Background:
The judiciary has inherent power to compel witnesses to appear and testify in judicial
proceedings so that the court will receive all relevant evidence. However, the common law
and statutory law recognize exceptions to compelled testimony in some circumstances,
including "testimonial privileges." Privileges are recognized when certain classes of
relationships or communications within those relationships are deemed of such importance
that they should be protected.
Washington statutory law establishes a number of privileges, including communications
between the following persons: (1) husband and wife; (2) attorney and client; (3) clergy and
confessor; (4) physician and patient; (5) psychologist and client; (6) optometrist and client;
(7) law enforcement peer support counselor and a law enforcement officer; and (8) sexual
assault advocate and victim.
The law enforcement peer support counselor privilege protects communications made by a
law enforcement officer to a designated peer support group counselor while receiving
counseling. The peer support group counselor cannot be compelled to testify in a judicial
proceeding about the communication unless the law enforcement officer consents to
disclosure. This privilege applies only to communications made to a counselor acting in his
or her capacity as a peer support group counselor. The privilege does not apply if the
counselor was an initial responding officer, a witness, or a party to the incident that prompted
the counseling services to the law enforcement officer.
A peer support group counselor is a person who has received training to provide emotional
and moral support and counseling to an officer who needs these services as a result of an
incident in which the officer was involved while acting in his or her official capacity.
Summary of Bill:
A testimonial privilege is created to protect communications made by a fire fighter to a peer
support group counselor while receiving counseling as the result of an incident in which the
fire fighter was involved while acting in his or her official capacity. The privilege applies
under the same circumstances and conditions required for the law enforcement officer peer
support group counselor privilege.
Appropriation: None.
Fiscal Note: Not requested.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.
Testimony For: This bill is a technical fix to an oversight when the 1999 legislation establishing a privilege for law enforcement officers was enacted. There is a joint peer group that is made up of both law enforcement officers and fire fighters and that is how this issue arose. It merely allows a privilege so that a fire fighter can obtain the counseling necessary for his or her well-being. It is a standard that is well-established in statute.
Testimony Against: None.
Persons Testifying: Representative Brian Sullivan, prime sponsor.