3.__Exceptions.__Privileged communications may be disclosed in the following cases:

A.__Disclosure may be made to the district attorney, Attorney General or the United States Attorney or their assistants;

B.__When disclosure is required under Title 22, chapter 1071 and that disclosure is in accordance with that chapter;

C.__When a court in the exercise of its discretion determines the disclosure of information necessary to the proper administration of justice, an inspection of records may be held in camera by the judge to determine whether those records contain relevant information.__This proceeding does not entitle an opposing party to examine the records unless those records are made available by the court;

D.__When a victim dies or is incapable of giving consent and disclosure is required for an official law enforcement investigation or criminal proceeding regarding the cause of that victim's death or incapacitation; or

E.__Evidence of an exculpatory nature must be disclosed to the criminal defendants pursuant to the Maine Rules of Criminal Procedure, Rule 16.

SUMMARY

This bill provides that information communicated to victim witness advocates and coordinators remains confidential within the office of the prosecutor. Such communications are currently not explicitly confidential pursuant to law, and some trial judges have ordered that such communications be made available to defendants. This bill makes disclosure of exculpatory evidence to criminal defendants mandatory.