LD 1685
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LD 1685 Title Page An Act Governing Privileged Communications between Victims of Crimes and Govern... Page 2 of 2
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LR 1634
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 16 MRSA §53-C is enacted to read:

 
§53-C.__Privileged communications to governmental victim witness

 
advocates or coordinators

 
1.__Definitions.__As used in this section, unless the context
otherwise indicates, the following terms have the following
meanings.

 
A.__"Crime" means a criminal offense in which there is a
victim, as defined in this section.

 
B.__"Victim" means:

 
(1)__A person against whom a crime has been committed;

 
(2)__The immediate family of a victim of a crime if:

 
(a)__The underlying crime is one of domestic
violence or sexual assault or one in which the
family suffered serious physical trauma or serious
financial loss; or

 
(b)__Due to death, age or physical or mental
disease, disorder or defect, the victim is unable
to participate as allowed under this chapter.

 
C.__"Victim witness advocate" or "victim witness
coordinator" means an employee of or volunteer for a
district attorney, the Attorney General or the United States
Attorney whose primary job function is to advise, counsel or
assist victims or witnesses of crimes, to supervise other
employees or volunteers who perform that function or to
administer the program.

 
2.__Privileged communications.__Communications are privileged
from disclosure as follows.

 
A.__A victim may refuse to disclose and may deny permission
to a victim witness advocate or coordinator to disclose
confidential written or oral communications between the
victim and the advocate or coordinator and written records,
notes, memoranda or reports concerning the victim.

 
B.__Except as provided in subsection 3, a victim, advocate or
coordinator or the victim advocate's or coordinator's employer
may not be required, through oral or written


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