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LB 816

Provide privileges and immunities relating to peer support services communications by public safety personnel and change provisions relating to emergency protective custody

109th Legislature (2025-2026) Introduced by Tanya Storer and 1 co-sponsor

LB 816 shields public safety workers' communications with peer support counselors from legal discovery to encourage mental health treatment-seeking without fear of self-incrimination.

Placed on Final Reading with ST61
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WeVote Research Nonpartisan
Bill Summary · LB 816

Legislative bill overview

LB 816 establishes legal protections for communications between public safety personnel (police, firefighters, etc.) and peer support counselors or mental health professionals. The bill creates a privileged communication standard similar to attorney-client privilege, meaning these conversations cannot be compelled as evidence in legal proceedings. This applies specifically to mental health support services provided to officers and first responders.

Why is this important

Public safety personnel face high rates of mental health crises, PTSD, and suicide, yet many avoid seeking help due to fear that admissions made in counseling could be used against them in employment or legal matters. By establishing confidentiality protections, the bill aims to encourage officers to seek peer support and mental health services without worry that their vulnerabilities will be discoverable in court or administrative proceedings. This can improve officer wellbeing and potentially reduce occupational fatalities.

Potential points of contention

  • Scope of privilege limitations: Questions exist about whether absolute privilege is appropriate, or if exceptions should exist (e.g., when an officer poses imminent danger to others, or in cases of criminal liability the officer themselves caused)
  • Discovery and investigation concerns: Defense attorneys and prosecutors may argue the privilege could shield evidence relevant to misconduct investigations, use-of-force cases, or criminal proceedings involving officers
  • Definitional boundaries: Unclear parameters around who qualifies as an approved "peer support" counselor versus licensed mental health professional, and whether all communications or only specific types are protected

Compiled from official sources — confirm details with the bill’s official record.

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