                                 CODE OF VIRGINIA

PRIVILEGED COMMUNICATIONS BY CERTAIN PUBLIC SAFETY PERSONNEL (§ 19.2-271.4)

A. A person who is a member of a critical incident stress management or peer
support team, established pursuant to subdivision A 13 of &#xA7; 32.1-111.3,
shall not disclose nor be compelled to testify regarding any information
communicated to him by emergency medical services or public safety personnel who
are the subjects of peer support services regarding a critical incident. Such
information shall also be exempt from the Virginia Freedom of Information Act
(&#xA7; 2.2-3700 et seq.).

B. A person whose communications are privileged under subsection A may waive the
privilege.

C. The provisions of this section shall not apply when:

   1. Criminal activity is revealed;

   2. A member of a critical incident stress management or peer support team is a
   witness or a party to a critical incident that prompted the peer support
   services;

   3. A member of a critical incident stress management or peer support team
   reveals the content of privileged information to prevent a crime against any
   other person or a threat to public safety;

   4. The privileged information reveals intent to defraud or deceive the
   investigation into the critical incident;

   5. A member of a critical incident stress management or peer support team
   reveals the content of privileged information to the employer of the emergency
   medical services or public safety personnel regarding criminal acts committed
   or information that would indicate that the emergency medical services or
   public safety personnel pose a threat to themselves or others; or

   6. A member of a critical incident stress management or peer support team is
   not acting in the role of a member at the time of the communication.

D. For the purposes of this section, &#8220;critical incident&#8221; means an
incident that induces an abnormally high level of negative emotions in response
to a perceived loss of control. Such an incident is most often related to a
threat to the well-being of the emergency medical services or public safety
employee or to the well-being of another individual for whom such employee has
some obligation of personal or professional concern.

HISTORY: 2012, cc. 148, 320; 2017, c. 609.