New York law enforcement officers who seek help through peer counseling will now have legal confidentiality protections under legislation signed by Gov. Kathy Hochul. Announced Thursday, state officials say the move is intended to reduce stigma and improve mental health support for first responders.
Known as the Lieutenant Joseph Banish Mental Health Act, the measure establishes confidentiality standards for communications made during formal peer-to-peer counseling sessions for law enforcement officers, while outlining limited circumstances in which disclosures are required, including threats of suicide, bodily harm, admissions of criminal conduct, or information related to child abuse or neglect.
Hochul said the law strengthens mental health support systems for officers who regularly encounter traumatic situations in the line of duty.
“Law enforcement officers who protect our communities during times of crisis deserve counseling services that are tailored to their unique experiences and conducted with discretion,” Hochul said in a statement. “By strengthening these programs, we are ensuring safe settings for honest conversations to improve the mental health and well-being of our first responders.”
The legislation is named in memory of New York State Police Lt. Joseph Banish, who died by suicide in 2008. Advocates say the bill honors his legacy by creating clearer, safer pathways for officers to seek help without fear that their conversations will be used against them.
Under the new law, peer counseling communications are generally protected from disclosure, a safeguard supporters say is essential to building trust and encouraging officers to seek assistance. The law also establishes clear boundaries for when confidentiality must be broken to protect safety or comply with legal obligations.
Jim Banish, president of the New York Law Enforcement Assistance Program and Lt. Banish’s brother, said the law could help save lives.
“If this law were in effect in 2008 my brother may still be alive today,” Banish said. “This law will save lives by giving officers a confidential peer to speak to without retribution on either end of the conversation.”
Suicide and post-traumatic stress disorder rates among police officers exceed those of the general population, a trend often linked to repeated exposure to violence, death and high-stress incidents. Despite growing awareness, many officers remain hesitant to pursue mental health services due to concerns about stigma or professional consequences.
The law builds on broader state efforts to address first responder mental health, including expanded wellness resources, training programs and investments in crisis response services. State officials point to findings from New York’s first-ever First Responder Mental Health Needs Assessment, which showed more than half of public safety workers experience high levels of stress, burnout or mental health challenges.
The legislation passed unanimously in both the State Senate and Assembly and takes effect immediately.
