Illinois Rep. Kelly’s first responder counseling confidentiality bill passes House and Senate

Passed bill authored by State Rep. Michael J. Kelly aims to strengthen confidentiality protections for first responders in peer support and critical incident stress management counseling following approval in both chambers, according to the Illinois General Assembly.

In the House, 75 Democrats and 37 Republicans voted in favor of the bill.

Meanwhile, in the Senate, 39 Democrats and 19 Republicans voted in favor of the bill.

Kelly introduced the bill in the Illinois House on Feb. 3, 2026 during the 104th session.

The legislation, known as HB4842, was passed on May 20, 2026 during the general assembly session 104.

According to the Illinois General Assembly site, the legislature summarized the bill’s official text as follows: “Amends the First Responders Suicide Prevention Act. Provides that confidentiality protections under the Act apply regardless of whether the peer support person is employed by, or affiliated with, the same agency as the first responder receiving support. Provides that, except in specified circumstances, all communications, records, notes, reports, or information disclosed during, or in connection with, a critical incident stress management session is confidential and may not be disclosed by any CISM practitioner. Provides that a CISM practitioner may not be compelled to testify or disclose any communication, record, note, report, or information disclosed during, or in connection with, a critical incident stress management session in any administrative, civil, or criminal proceeding. Provides that the confidentiality protections under the provisions apply whether or not the CISM practitioner is affiliated with the same agency as the individual receiving services. Provides that any communication described in the provisions is subject to subpoena for good cause shown. Provides that the confidentiality protections under the provisions do not apply to (1) any threat of suicide or homicide made by a participant in a peer support counseling session or any information conveyed in a peer support counseling session related to a threat of suicide or homicide; (2) any information mandated by law or agency policy to be reported, including, but not limited to, domestic violence, child abuse or neglect, or elder abuse or neglect; (3) any admission of criminal conduct; or (4) an admission or act of refusal to perform duties to protect others or the employee of the emergency services provider or law enforcement agency. Defines “CISM practitioner” and “CISM services”.”

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, this bill expands confidentiality protections for Illinois first responders who participate in peer support counseling and critical incident stress management, or CISM, services. It clarifies that protections apply even when the peer support person or CISM practitioner is not employed by the same agency and includes volunteers and private-sector practitioners. The bill makes communications, notes, records and reports from these sessions confidential, generally bars disclosure in administrative, civil or criminal proceedings, and shields practitioners from being compelled to testify. It allows subpoenas for good cause and preserves exceptions for threats of suicide or homicide, mandatory reports such as abuse or neglect, admissions of crimes, and refusals to perform protective duties.

The bill was sponsored by Rep. Angelica Guerrero-Cuellar (Democrat-22nd District), Rep. Anthony DeLuca (Democrat-80th District), and Rep. Brandun Schweizer (Republican-104th District), along with nine other sponsors.

Bills in Illinois follow a multi-step legislative process, beginning with introduction in either the House or Senate, followed by committee review, floor debates, and votes in both chambers before reaching the governor for approval or veto. The General Assembly operates on a biennial schedule, and while typically thousands of bills are introduced each session, only a fraction successfully pass through the process to become law.

You can read more about bills and other measures here.

Kelly graduated from Quincy University with a BA.

Kelly, a Democrat, was elected to the Illinois State House in 2021 to represent the state’s 15th House District, replacing previous state representative John C. D’Amico.

Lawmakers listed as “Not Voting” were present for the vote but did not cast a vote. Those marked as having an “Excused Absence” were not present and formally provided a reason for their absence, which was accepted.