An Act To Ensure the Safety of Victims of Domestic Violence Further amend the bill by striking out everything after the ti tIe and before the summary and inserting in its place the following: 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 Page I-LR0178(2) COMMITTEE AMENDMENT
Maine Legislature, Session 122, LD 1027
Committee Amendment CA_A_H531 (House)
Amends: 16 MRSA §53-B

COMMITTEE AMENDMENT "A" to H. P • 712, L.D. 1027, Bill, "An 
Act To Require That a 
Person Arrested on a 
Domestic Violence 
Charge Be Held for at Least 4 Hours before Being Released on Bail" 
Amend the bill by striking out the title and substituting 
the following: 
'An Act To Ensure the Safety of Victims of Domestic Violence' 
Further amend the bill by striking out everything after the 
ti tIe and before the 
summary and inserting in its place the 
following: 
'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 
Page I-LR0178(2) 
COMMITTEE AMENDMENT 
Qi ,. 
II: 
COMMITTEE AMENDMENT 
to H.P. 712, L.D. 1027 
Maine 
and 
require 
the 
following 
legislation 
as 
necessary for the preservation of the public peace, 
safety; now, therefore, 
Be it enacted by the People of the State of Maine as follows: 
inunediately 
health and 
Sec. 1. 16 MRSA §53-B, sub-§I, 'A-I is enacted to read: 
A-I. 
"Confidential conununications" means all information, 
whether written or oral, transmitted between a victim and a 
domestic violence advocate in the course of the working 
relationship. 
"Confidential conununications" 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.' 
SUMMARY 
This amendment is the majority report of the Joint Standing 
Conunittee on Criminal Justice and Public Safety. 
This amendment 
creates the definition of "confidential conununications" in the 
Maine Revised Statutes, Title 16, section 53-B, which deals with 
privileged communications to a victim advocate. 
The purpose of 
the new definition is to clarify that a victim, 
advocate or 
advocate's agency may not be required to disclose or report 
personal identifying information of a victim of domestic violence 
to any agency, 
including the central reporting system of the 
Federal Government known as the Homeless Management Information 
System. 
The amendment also adds an emergency preamble and clause 
and amends the title to reflect the purpose of the amendment. 
COMMITTEE AMENDMENT