An Act to Improve
Maine Legislature, Session 132, LD 2163
Committee Amendment CA_A_H910 (House)
Amends: 17-A MRSA §2102, 17-A MRSA §2110, 17-A MRSA §2111

COMMITTEE AMENDMENT " j^ " to H.P. 1452 L.D. 2163, "An Act to Improve
the Response to Complaints by Victims of Crime and Enhance Victims' Rights"
Amend the bill by striking out the title and substituting the following;
'An Act to Enhance Crime Victims' Rights'
Amend the bill by striking out all of sections 1 and 2,
Amend the bill by striking out all of section 5 and inserting the following:
'See. 5. 17-A MRSA §2102, sub-§l, UH is enacted to read:
H._ Any request for a subpoena_for the victim's records as described in section 2110;
the date and time of any criminal hearing or criminal court Droceeding_concerningthe
subpoena request; and that the victim must be given an opportunitv to be heard at that
hearing or proceeding; and'
Amend the bill by striking out all of sections 7 to 9 and inserting the followmg:
'See. 7. 17-A MRSA §2110 is enacted to read:
§2110. Subpoenas for victim's records
A victim has the right to timely notice pursuant to section 2102. subsection 1 . paragraph
H and must be given an opportunity to be heard at any criminal hearing or criminal court
proceeding concerning a subpoena issued to a person other than the victim for any record
thatjmplicates a privilege or a confidentiality or privacy protection for the benefit of the
victim as described in Rule 17Aff) of the Maine Rules of Unified Criminal Procedure.
including, but notjimited to. the victim's medical records, mental health counseling or
treatment records, educatiQnal record&_electrQnic device content information and electronic
device location information, For purposes of this paragraph, "electronic device content
information" has the same meaning as in Title 16, chapter 3. subchapter 10 and "electronic
2 device location infQrmation" has the same meaning as in Title 16, chapter 3 , subchatrter 11.
Sec. 8. 17-A MRSA §2111 is enacted to read;
COMMITTEE AMENDMENT
^<0 COMMITTEE AMENDMENT " ?<" to H.P, 1452, L,D. 2163
^y""
§2111. Presence of victim's attorney or advocate
At any court proceeding in a criminal casejn which a victim has a right to be heard.
thevictuB_mavretain_a,n attomev who may be present and speak on the victim's behalf or
the victim may elect to have a victim witness advocate or victim witness coordinator speak
on the victim's behalf. Except as reguired to comply with Rule 4,2 of the Maine Rules of
Professional Conduct governme communications with persons represented by counsel.
treatment of the victim may not be_ affected QL altered in any wav due to the victim's
decision to exercise this rieht. For ourcoses of this section. "victim witness advocated or
"victim witness coordinator" has the same meaning as in Title 16. section 53-C. subsection
1, paragraph C.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively,
SUMMARY
This amendment, which is the majority report of the committee, changes the title of the
bill. The amendment removes the provisions of the bill directing the Office of the Attorney
General to create a centralized complaint process and procedures for investigations of
violations of crime victim rights.
Under current law, a crime victim may file a motion to quash any subpoena served on
that victim. The bill provides that a victim has a right to receive timely notice and an
opportunity to be heard when a party to a court proceeding requests a subpoena granting
that party access to certain types of records about or concerning the victim. The amendment
clarifies that the attorney for the State has responsibility for making a good faith effort to
notify the victim of the existence of a subpoena request; the date and time of any proceeding
related to the subpoena; and that the victim must be given the opportunity to be heard at
that proceeding or hearing when a party to a criminal proceeding seeks a subpoena from
someone other than the victun for any record that implicates a privilege or a confidentiality
or privacy protection for the benefit of the victim as described in Rule 17A(f) of the Maine
Rules of Unified Criminal Procedure, including, but not limited to, the victim's medical
records, mental health counseling or treatment records, educational records, electronic
device content information and electronic device location information.
The amendment also clarifies that, in any court proceeding in a criminal case in which
a victim has a right to be heard, the victim may retain an attorney to speak on the victim's
behalf or may elect to have a victim witness advocate or victim witness coordinator speak
on the victim's behalf, Treatment of the victim may not be affected in any way based on
the victim's decision to retain an attorney, except as required to comply with the Maine
Rules of Professional Conduct governing attorney communications with persons who are
represented by counsel.
COMMITTEE AMENDMENT