An Act to Penmt Recordmgs of a Protected Person to Be Admissible m Evidence
Maine Legislature, Session 131, LD 0765
Committee Amendment CA_B_S116 (Senate)
Amends: 22 MRSA §4019

COMMITTEE AMENDMENT "(3 " to SP 324, L D 765, "An Act to Penmt 
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 Establish an Exception to the Hearsay Rule for Forensic Interviews of a 
Protected Person' 
Amend the bill m section 1 m §358 m the first hne (page 1, !me 3 m L D) by stnkmg 
out the followmg 
"Adm1ss1bdity of recordmgs" and msertmg the followmg 
'Recordmgs' 
Amend the bill m section 1 m §358 m subsection 1 by stnkmg out all of paiagraph C 
(page 1, Imes 10 to 14 m L D ) and msertmg the followmg 
'C 
"Protected person" means a person who at the time of a recordmg of a forensic 
mterview 
(1) Has not attamed 17 years of age, 
(2) Is 17 years of age and the court finds that regumng the person to testify on 
direct exammatron about the mc1dents or events described m the forensic mterview 
would create a substantial hkehhood that the person would suffer severe emotional 
trauma, or 
(3) Is an adult who 1s elmble for protective services pursuant to the Adult 
Protective Services Act ' 
Amend the bill m section 1 m §3 5 8 by stnkmg out all of subsect10n 3 (page 1, Imes 22 
to 36 m L D) and msertmg the followmg 
'3. Except10n 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 mterv1ew 
of a protected person A party seekmg to offer all or a portion of a recordmg of a forensic 
mterv1ew of a protected person mto evidence shall file a mot10n m hmme After providmg 
all parties the opportumt_y to be heard on the motion, the court shall determme whether, m 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" B "to S P 324, L D 765 L s- //LL) 
add1t10n to sat1sfymg all of the other reqmrements of this section, the followmg cntena 
have been met 
A The mterv1ew was conducted by a forensic mterv1ewer, 
B Statements made by the protected person durmg the forensic mterview 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, 
F The recordmg is a fair and accurate representation of the statements made by the 
protected person and has not been altered except for purposes of admissibility, 
G In a cnmmal matter, the protected person 1s available to testify 01 be cross-exammed 
by any party and 1s called as a witness by the party offermg the recordmg m evidence 
immediately followmg the presentat10n of the recordmg to the tner of fact and made 
available for cross-exammat10n, unless all other parties expressly waive the 
reqmrement that the witness testify, and 
H The portion of the mterview 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 sub1 ect of more than one forensic mterview, 
the exception to hearsay established under this subsection 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 §358 by stnkmg out all of subsection 5 (page 2, Imes 3 
to 8 mLD) 
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, 1s amended 
to read 
9. Confidential records except recordmgs of forensic mterv1ews. The files, reports, 
records, commumcat10ns and workmg papers used or developed m providing services 
under this sect10n are confidential and are not public records for purposes of Title 1, chapter 
13, subchapter 1 Informa:t10n Except for recordings of forensic mterviews, which are 
governed by subsection 9-A, mformat10n may be disclosed only to the followmg m order 
for them to carry out their duties 
A 
The department, department employees, law enforcement agencies, prosecutmg 
attorneys, 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 attorney for a ehild Vlho IS the subjeet ofeonfidential reeords, and 
C A guardian ad htem a.-ppomted under seet10n 4 005 for a ehild vt1ho w the sHbj eet of 
eonfident1al reeords ' 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT" B " to S P 324, L D 765 (5- // leJ 
Amend the bill m section 5 m subsection 9-A m the 2nd lme (page 2, hne 33 m L D) 
by msertmg after the followmg "govern recordmgs of forensic mterviews" the followmg 
'used or developed m providmg services under this section' 
Amend the bill m section 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 1s a mmonty report of the committee, changes the bill title and 
amends the defimt10n of "protected person" from the bill to mclude persons who have not 
attamed 17 years of age, persons who are 17 years of age and who would suffer severe 
emotional trauma 1f they were reqmred to testify on direct exammat1on about the mcidents 
descnbed m the forensic mterview and adults who are eligible for adult protective services 
It also reqmres the party requestmg that all or a portion of a recordmg of a forensic 
mterv1ew of a protected person be admitted mto evidence file a mot10n 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 leg1slat10n 
The amendment removes the prov1s1on of the bill requmng a court to admit the forensic 
mterv1ew recordmg mto evidence 1f a forensic mterv1ewer certifies that the recordmg 1s 
true and complete and meets all of the statutory reqmrements to fall withm the except10n 
to the hearsay rule under the Mame Rules of Evidence, Rule 802 
The amendment also clanfies that all of the other Mame Rules of Evidence apply to 
the admissibility of the recordmg and that 
To fall withm the hearsay except10n, statements made by the protected person dunng 
the forensic mterview may not have been made m response to suggestive or leadmg 
questions, 
Statements from more than one forensic mterview 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 offermg 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-exammat10n, 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