| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 16 MRSA §53-C is enacted to read: |
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| | | §53-C.__Privileged communications to governmental victim witness |
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| | | advocates or coordinators |
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| | | 1.__Definitions.__As used in this section, unless the context | | otherwise indicates, the following terms have the following | | meanings. |
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| | | A.__"Crime" means a criminal offense in which there is a | | victim, as defined in this section. |
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| | | (1)__A person against whom a crime has been committed; |
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| | | (2)__The immediate family of a victim of a crime if: |
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| | | (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 |
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| | | (b)__Due to death, age or physical or mental | | disease, disorder or defect, the victim is unable | | to participate as allowed under this chapter. |
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| | | 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. |
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| | | 2.__Privileged communications.__Communications are privileged | | from disclosure as follows. |
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| | | 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. |
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| | | 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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