An Act to Peim1t Recordmgs of a Protected Person to Be Adm1Ss1ble m Evidence
Maine Legislature, Session 131, LD 0765
Committee Amendment CA_A_S115 (Senate)
Amends: 22 MRSA §4019

COMMITTEE AMENDMENT " fl " to SP 324, L D 765, "An Act to Peim1t 
Recordmgs of a Protected Person to Be Adm1Ss1ble m Evidence" 
Amend the bill by stnkmg out the title and substltutmg the followmg 
'An Act to Establish an Except10n to the Hearsay Rule for Forensic Interviews of a 
Protected Person' 
Amend the bill m sect10n 1 m §358 m the first lme (page 1, lme 3 m L D) by stnkmg 
out the followmg 
"Admissibibty of recordmgs" and msertmg the followmg 
'Recordmgs' 
Amend the bill m section 1 m §358 by stnkmg out all of subsection 3 (page 1, Imes 22 
to 3 6 m L D ) and msertmg the followmg 
'3. Exception to hearsay rule. This section establishes an except10n to the hearsay 
rule under the Mame Rules of Evidence, Rule 802, for the recordmg of a forensic 111terv1ew 
of a protected person A party seekmg to offer all or a port10n of a recordmg of a forensic 
mterview of a protected person mto evidence shall file a motion m hmme After p1 ov1dmg 
all parties the opportumty to be heard on the motion, the court shall determme whether, m 
additton to satisfymg all of the other reqmrements of this sect10n, the followmg cntena 
have been met 
A The mterview was conducted by a forensic mterv1ewer, 
B Statements made by the protected person durmg the forensic mterv1ew were not 
made m response to suggestive or leadmg questions, 
C A relative of the protected person was not present m the room durmg the substantive 
phase of the mterview, 
D An attorney for any party m a proceedmg with the protected person was not present 
m the room with the protected person durmg the mterview, 
E The recordmg is both visual and aud10, 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT" p, "to s p 324, L D 765 C s-11s) 
F The recordmg 1s a fair and accurate representation of the statements made by the 
protected person and has not been altered except for purposes of adm1ss1b1hty, 
G In a cnmmal matter, the protected person 1s avatlable to testify or be cross-exammed 
by any party and 1s called as a witness by the party offermg the recordmg m evidence 
immediately followmg the presentation of the recordmg to the tner of fact and made 
avatlable for cross-exammat10n, unless all other parties expressly waive the 
reqmrement that the witness testify, and 
H The portion of the mterv1ew to be admitted m evidence is relevant pursuant to the 
Mame Rules of Evidence, Rule 401, and is not otherwise madmissible under the Mame 
Rules of Evidence 
In the event that the protected person was the sub1ect of more than one forensic mterview, 
the except10n to hearsay established under this subsect10n does not apply to statements 
from more than one forensic mterview related to the same event or mcident ' 
Amend the bill m section 1 m §3 5 8 by stnkmg out all of subsection 5 (page 2, Imes 3 
to8mLD) 
Amend the bill by stnkmg 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. Confidential records except recordmgs of forensic mterv1ews. The files, reports, 
records, commumcattons and workmg papers used or developed m providmg services 
under this sect10n are confidential and are not pubhc records for purposes of Title 1, chapter 
13, subchapter 1 Information Except for recordmgs of forensic mterviews, which are 
governed by subsect10n 9-A, mformation may be disclosed only to the followmg m ordei 
for them to carry out thetr duties 
A 
The department, department employees, law enforcement agencies, prosecutmg 
attorneys, assistant attorneys general who are mvolved m adult and chtld protective 
cases, medical profess10nals and other state agencies that provide services to children 
and famihes,_ 
B The attorney for a ehild who 1s the subjeet of eonfidentml reeords, and 
C A. gua-rd1an ad lttem appomted under seetwn 4 005 for a el:nld who 1s the subj eet of 
confidential reeords ' 
Amend the bill m section 5 m subsection 9-A m the 2nd hne (page 2, lme 33 m L D) 
by msertmg after the followmg "govern recordmgs of forensic mterviews" the followmg 
'used or developed m prov1dmg services under this sect10n' 
Amend the bill m sect10n 5 m subsection 9-A m paragraph A m 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 is the maJonty report of the committee, changes the bill title 
and reqmres the party requestmg that all or a port10n of a recordmg of a forensic mterview 
COMMITTEE AMENDMENT 
. I 
/ 
ROS 
I 
COMMITTEE AMENDMENT" /1 "to S P 324, L D 765 { (,-/ 15) 
of a mmor or of an adult who is eligible for adult protective services, referred to m the bill 
as a "protected person," be achmtted mto evidence file a motion m hmme and that the court 
allow all parties to be heard on the issue of whether the recordmg meets the reqmrements 
for the statutory exception to the hearsay rule established by this legislation 
The 
amendment removes the provision of the bill requmng a court to admit the forensic 
mterview recordmg mto evidence if a forensic mterviewer certifies that the recordmg is 
true and complete and meets all of the statutory reqmrements to fall withm the exception 
to the hearsay rule under the Mame Rules of Evidence, Rule 802 
The amendment also clarifies that all of the other Mame Rules of Evidence apply to 
the adm1ssib1hty of the recordmg and that 
To fall withm the hearsay exception, statements made by the protected person durmg 
the forensic mterview may not have been made m response to suggestive or leadmg 
questions, 
Statements from more than one forensic mterv1ew of the same protected person that 
relate to the same event or mcident do not fall withm the hearsay exception, and 
In a cnmmal matter, the party o:ffermg the recordmg mto evidence must call the 
protected person as a witness immediately followmg the playmg of the recordmg and the 
witness must be available for cross-exammatton, unless all other parties to the case 
expressly waive this requrrement 
In addition, the amendment provides that the records of a child advocacy center, 
mcludmg a recordmg of a forensic mterview, may be disclosed to assistant attorneys 
general who are mvolved m adult protective cases 
COMMITTEE AMENDMENT