CHAPTER 388
H.P. 712 - L.D. 1027
Emergency preamble. Whereas, acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, privacy and confidentiality are critical to the safety of a domestic violence victim, and disclosure of information that directly or indirectly reveals the identity and location of a victim who has sought domestic violence services can create a serious risk of physical harm to the victim or to the victim's family members; and
Whereas, it is necessary to protect the privacy of victims of domestic violence and, in doing so, clarify that privileged communication between a victim and a domestic violence advocate includes the personal identifying information of that victim; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 16 MRSA §53-B, sub-§1, ¶A-1 is enacted to read:
A-1. "Confidential communications" means all information, whether written or oral, transmitted between a victim and a domestic violence advocate in the course of the working relationship. "Confidential communications" includes, but is not limited to, information received or given by the advocate in the course of the working relationship, advice, records, reports, notes, memoranda, working papers, electronic communications, case files, history and statistical data, including name, date of birth and social security number, that personally identify the victim.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective June 14, 2005.
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