(a) As used in this Code section, the term:
(1) "Client" means a law enforcement employee or a law enforcement officer's immediate family.
(2) "Immediate family" means the spouse, child, stepchild, parent, or stepparent.
(3) "Peer counselor" means an employee of a law enforcement agency who has received training to provide emotional and moral support to a client and was designated by a sheriff, police chief, or other head of a law enforcement agency to counsel clients.
(b) Except as provided in subsection (c) of this Code section, communications between a client and a peer counselor shall be privileged. A peer counselor shall not disclose any such communications made to him or her and shall not be competent or compellable to testify with reference to any such communications in any court.
(c) The privilege created by subsection (b) of this Code section shall not apply when:
(1) The disclosure is authorized by the client, or if the client is deceased, by his or her executor or administrator, and if an executor or administrator is not appointed, by the client's next of kin;
(2) Compelled by court order;
(3) The peer counselor was an initial responding officer, witness, or party to an act that is the subject of the counseling;
(4) The communication was made when the peer counselor was not performing official duties; or
(5) The client is charged with a crime.
(d) The privilege created by this Code section shall not be grounds to fail to comply with mandatory reporting requirements as set forth in Code Section 19-7-5 or Chapter 5 of Title 30, the "Disabled Adults and Elder Persons Protection Act."
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