An Act to Permit Recordmgs of a Protected Person to Be Admissible m Evidence
Maine Legislature, Session 131, LD 0765
Committee Amendment CA_C_S117 (Senate)
Amends: 22 MRSA §4019

COMivIITTEE AMENDMENT "C, " to SP 324, L D 765, "An Act to Permit 
Recordmgs of a Protected Person to Be Admissible m Evidence" 
Amend the bill by stnkmg out the title and substitutmg the followmg 
'An Act to Estabhsh an Except10n to the Hearsay Rule for Forensic Internews of a 
Protected Person' 
Amend the bill m section 1 m §358 m the first lme (page 1, lme 3 m L D) by stnkmg 
out the followmg 
"Admissibility of recordmgs" and msertmg the followmg 
'Recordmgs' 
Amend the bill m section 1 m §358 m subsection 1 by strtkmg out all of paragraph C 
(page 1, Imes 10 to 14 m L D ) and msertmg the followmg 
'C 
"Protected person" means a person who at the ttme of a recordmg of a forensic 
mterview 
( 1) Has not attamed 13 years of age, 
(2) Is at least 13 years of age and has not attamed 18 years of age and the court 
fmds that requrrmg the person to testify on direct exammat10n about the mcidents 
or events described m the forensic mterv1ew would create a substantial ltkehhood 
that the person would suffer severe emotional trauma, or 
(3) Is an adult who 1s ehg1ble for protective services pursuant to the Adult 
7 
Protective Services Act ' 
Amend the bill m section 1 m §358 by strtkmg out all of subsect10n 3 (page 1, Imes 22 
to 36 m L D) and msertmg the followmg 
'3. Exception to hearsay rule. ThtS section establishes an exception to the hearsay 
rule under the Mame Rules of Evidence, Rule 802, for the recordmg of a forensic mterview 
of a protected person conducted by a forensic mterviewer if the followmg conditions have 
been met 
COMMITTEE AMENDMENT 
ROS 
COIMMITTEE AMEND:MENT" C, " to S P 324, L D 765 { 5- f /7) 
A 
During a pretrial hearing conducted outside the presence of the 1ury, the party 
seekmg to offer the recordmg mto evidence must demonstrate to the reasonable 
satisfact10n of the court that 
(1) The port10ns of the recordmgto be admitted m evidence are reasonablyrehable 
and are not based on hearsay, 
(2) The port10ns of the recordmg to be admitted mto evidence are relevant and 
material to the issues m the case, 
(3) The probative value of those portions of the recordmg that will be admitted is 
not substantially outweighed by the danger of unfarr pre]Udice, confusmg the 
issues, misleadmg the 1ury, undue delay, wastmg time or needlessly presentmg 
cumulative evidence, and 
( 4) An attorney for any party m the proceedmg, mcludmg the prosecutmg attorney 
or any attorney from a distnct attorney's office or from the Office of the Attorney 
General, was not present m the room with the protected person durmg the forensic 
mterview 
B If the case m which the recordmg will be admitted is a crimmal matter, all persons 
present durmg the forensic mterview, mcludmg the protected person, must be present 
and available to testify and to be cross-exammed The party offermg the recordmg mto 
evidence shall call the protected person as a witness mediately followmg the 
presentation of the recordmg to the tner of fact, unless all other parties expressly waive 
the requrrement that the witness testify 
In the event that the protected person was the sub1ect of more than one forensic mterview, 
duplicative statements withm those recordmgs may not be admitted except as authorized 
by the Mame Rules of Evidence, Rule 801 ( d) ' 
Amend the btll m sect10n 1 m §358 by stnkmg out all of subsection 5 (page 2, Imes 3 
to8mLD) 
Amend the btll by strikmg out all of section 4 and msertmg the followmg 
'Sec. 4. 22 MRSA §4019, sub-§9, as enacted by PL 2013, c 364, §1, is amended 
to read 
9. ConfidentJ.al records except recordmgs of forensic mtemews. The files, reports, 
records, commumcat10ns and workmg papers used or developed m providmg services 
under this sect10n are confidential and are not public records for purposes of Title 1, chapter 
13, subchapter 1 lBfoffHat10n Except for recordmgs of forensic mterviews, which are 
governed by subsection 9-A, informat10n may be disclosed only to the followmg m order 
for them to carry out therr duties 
A 
The department, department employees, law enforcement agencies, proseeutmg 
atlomeys, assistant attorneys general who are mvolved m adult and child protective 
cases, medical professionals and other state agencies that provide services to children 
and families,_ 
B The atlomey for a ehdd vA=.t:o 1s the Sl:HJJeet of eonfidem1al records, and 
C 
1A1. gaard10.F1 ad htem appolfrted lff.l:der section 4005 for a emld who 1s the subject of 
eonfidem1al records ' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" c_ "to S P 324, L D 765 ( 5-/ (1) 
Amend the bill m sect10n 5 m subsect10n 9-A m the 2nd lme (page 2, lme 33 m L D) 
by msertmg after the followmg "govern recordmgs of forensic mterv1ews" the followmg 
'used or developed m prov1dmg services under this section' 
Amend the bill m section 5 m subsection 9-A m paragraph Am the 2nd lme (page 2, 
lme 37 m L D) by msertmg after the followmg "mvolved m" the followmg 'adult and' 
Amend the bill by relettermg or renumbermg any nonconsecutive Part letter or section 
number to read consecutively 
SUMMARY 
This amendment, which 1s a mmority report of the committee, changes the bill tile and 
amends the defm1t1on of "protected person" m the bill to mclude persons who have not 
attamed 13 years of age, persons who are 13 to 17 years of age and who would suffer severe 
emotional trauma 1f they were reqmred to testify on direct exammat1on about the mc1dents 
described m the forensic mterv1ew and adults who are ehg1ble for protective services It 
also requires the party requesting that a recordmg of a forensic mterv1ew of a protected 
person be admitted mto evidence demonstrate to the reasonable satisfaction of the court 
durmg a pretrial hearmg that 
The portions of the recordmg to be admitted m evidence are reasonably rehab le and 
are not based on hearsay, 
The portions of the recordmg to be admitted m evidence are relevant and material 
to the issues m the case, 
The probative value of those portions of the recordmg that will be admitted 1s not 
substantially outweighed by the danger of unfair preJud1ce, confusmg the issues, 
m1sleadmg the Jury, undue delay, wastmg t1me or needlessly presentmg cumulative 
evidence, and 
A prosecutor was not present m the room durmg the forensic mterv1ew 
The amendment removes the prov1s10n of the bill requirmg a court to admit the 
recordmg mto evidence If a forensic mterv1ewer certifies that the recordmg 1s true and 
complete and meets all of the statutory requirements to fall w1thm the exception to the 
hearsay rule established by this leg1slat1on 
In add1t1on, under the amendment 
A recordmg of a forensic mterv1ew may not be admitted mto evidence m a cnmmal 
case unless all of the persons who were present durmg the forensic mterv1ew are available 
to testify and to be cross-exammed The person offermg the recordmg mto evidence m the 
cnmmal case must call the protected person as a witness 1mmediately followmg the playmg 
of the recordmg and the protected person must be available for cross-exammat1on unless 
all other parties to the cr1mmal case expressly waive this requirement, and 
Duphcat1ve statements m more than one forensic mterv1ew of the same protected 
person that relate to the same event or mc1dent may not be admitted mto evidence except 
as authorized by the Mame Rules of Evidence, Rule 80l(d) 
COMMITTEE AMENDMENT