An Act to. Improve Court
Maine Legislature, Session 132, LD 0458
Committee Amendment CA_A_S104 (Senate)
Amends: 14 MRSA §6001, 16 MRSA §53, 16 MRSA §53-B, 16 MRSA §806, 17-A MRSA §2109

COMMITTEE AMENDMENT ".A "to S.P. 191, L.D. 458, "An Act to. Improve Court 
Procedure and Update Family Law" 
Amend the bill by striking out the title and substituting the following: 
'An Act Regarding the Domestic Violence Advocate Pl'ivilege' 
Amend the bill by striking out everything after the ei1acting clause ai1d inserting tlie 
following: • 
'S.ec. 1. 14 MRSA §6001, sub-§6, ~fH, as amended by PL ·2011, c. 455, §3, is 
fmther amended by amending subparngraph (!)to rei,d: • 
(I) A statement sigi1ed by a Maine-based se·xual assault counselor as defined in 
Title 16, section 53-A, subsection I, paragraph B, &A a domestic violence advocate 
as defined in Title 16, section 53-B, subsection l, paragraph A A-4 or a victim . 
witness advocate as 9efined in Title 16, section 53-C, subsection l, paragraph C; 
Sec, 2. 16 MRSA §53-8, as amended by PL 2013, c. 478, §§3 to 6 and c, 588, Pt. 
E, § 10, is fmther amended by amending the section headnote to read: 
§53-B, 
Privileged communications to vie#m domestic violence advocate; family 
Yl6le1We 
Sec, 3. 16 MRSA §53•B, sub-§1, as amended by PL 2013, c. 478, §§3 to 5, is 
fm1her amended to read: 
1. Definitions. As used in this section, tmle~s the context otherwise indicates, the 
following terms have the following meanings. 
A. 
11Ad't'oeate
means an e1nployee of:.or ,,,olunteer for a nongovernmettta-l-or Maine 
tribal prngrn.m for vietims of domestie O!'-ffiffi-Hj'--\i.ie!enee who: 
(I) Has undcwgene-at:-least 30 hours of training; and 
Puge I • 132LR1559{02) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 
11,A "to S.P. 191, L.D. 458 ( S-/Dl.i') 
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(2) As a f)rimary function with the pi·ogrnm _gives advice to, counsels or assists 
victims, supervises employees or volunteers who f)erform that function or 
-administers the 'program. 
A- l. "Confidential communications" means all information, whether written or oral, 
transmitted between a victim and a dom,estic violence advocate in the course of the 
working relationship. "Confidential communications" includes, but is not limited to, 
infoi·mation received 01· given by the domestic violence 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 
Q 
of birth and social security number, that personally identify the v·ictim. 
• • • 
A-2. "Confidential criminal history record inforination" ,has the ~~me ~1eaning ·~s .it1 
section 703, subsection 2. 
• 
A-3. "Crimina[justice agency" has the same meaning as in section.703, subsection 4, 
A-4. "Domestic violence advocate
means an employee of or volunteer for a domestic 
violence services provider who has undergone at least 40 hours of training froni a 
domestic violence services provider that, at a minimum, includes: 
(I) State and federal laws, rnles and regulations on confidentiality and • other 
• protections for victims of domestic violence: 
(2) Mandated 1·epm1ing; 
(3) Civil and criminal legal processes in the State; 
( 4) Advocacy skills: and 
(5) Local resources available for victims of domestic violence. 
A-5. 
"Domestic violence services provider" means a private, nonprofit or tribal 
organization that has as a primary function to provide services for and assistance to 
victims of domestic violence through cl'isis intervention, safety planning. legal 
information and educational information pertaining to domestic violence. 
B. 
11Victim
means a victim of domestic or family violence. 
Sec. 4. 16 MRSA §53-B, sub-§1-A, as amended by PL 2013, c. 588, Pt. E, § 10, is 
further amended to read: 
1-A. Confidential cl'iminal history record information. A Maine criminal justice 
agency, whether directly or thrnugh any intermediary, may disseminate confidential 
cl'iminal history record information to an a domestic violence advocate for the purpose of 
planning for the safety of a victim of domestic violence. A-fl A domestic violence advocate 
who receives confidential cl'iminal history record information pmsuant to this subsection 
shall use it solely for the purpose authorized by this subsection and may not ft111her 
disseminate the information. 
Sec. 5. 16 MRSA §53-B, sub-§2, as enacted by PL 1995, c. 128, §1, is amended to 
read: 
2. Privileged communication. Communications are privileged from disclosul'e as 
follows. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S,P, 191, L.D. 4l8 { S-/ /Y-() 
I 
A. A vlctim may refuse to disclose and may deny permission to a» a do111estic violence 
advocate to disclose confidential written 01· oral commi.mications between' the victim 
and the domestic violence advocate and w1:itten recOl'ds, notes, memornnda or reports 
concerning the victim. 
B. 
Except as provided in subsection 3, a vlctim, domestic violence advocate 01· 
domestic violence advocate
1s agency may not be required through ornl or V.'.ritten 
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testimony or through prnduction of documents to disclose to a comt in cl'iminal or civil 
proceedings or to any other agency 01· person confidential communications between 
the victim and the domestic violence advocate. 
IO 
Sec. 6. 16 MRSA §806, sub-§4, as enacted by PL 2015, c. 411, §2, is amended to 
read: • 
4. A counselor or advocate, A sexual assault counselor, as defined in section 53-A, 
subsection I, paragrnph B, or a» a domestic violence advocate, as defined in section 53-8, 
subsection 1, paragraph A A-4. A person to whom intelligence and investigative record 
information is disclosed pursuant to this subsection: 
A. May use the information only for planning for the safety of the victim of a sexual 
assault or domestic or family violence incident to which the information relates; 
B. May not fu11her disseminate the informatio1i; 
C. Shall ensme that physical copies of the information are securely stored and remain 
confidential; 
D. Shall destrny all physical copies of the. information within 30 days after their 
1·eceipt; 
• 
E. Shall permit cl'iminal justice agencies providing such information to perform 
reasonable and appropl'iate audits to ensure that all physical copies of information 
2S 
obtained pursuant to this subsection are maintained in accordance with this subsection; 
and 
F. Shall indemnify and hold harmless criminal justice agencies providing information 
pursuant to this subsection with respect to any litigation that may result from the 
'provision of the information to the person. 
Sec. 7. 17-A MRSA §2109, sub-§2, as enacted by PL 2019, c. 113, Pt. A, §2, is 
amended to read: 
2. To domestic violence advocate, Co111111unications by a victim, as defined in Title 
16, section 53-B, subsection I, paragraph B, to a» a domestic violence advocate, as defined 
in Title 16, section 53-B, subsection 1, paragraph A A-4, are privileged from disclosure as 
prnvided in Title 16, section S3-B, subsection 2, subject to exceptions in Title 16, section 
53-B, subsection 3.' 
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Amend the bill by re lettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment replaces the bill, which is a concept draft, and changes the title. The 
amendment modifies the statute governing privileged comnrnnications between victims of 
COMMITTEE AMENDMENT 
ROS 
I 
s 
COMMITTEE AMENDMENT" /J-•• to S.P. 191, L.D. 458 ($-/6'1/ j 
domestic violence and domestic violence advocates by extending the privilege to an 
employee of or volunteer for a domestic violence services provider who has received a 
minimum of 40 hours of training on state and federal laws, rules and regulations governing 
confidentiality for victims of domestic violence, mandated reporting, civil and criminal 
legal processes, advocacy skills and local resources for victims of domestic violence. 
COMMITTEE AMENDMENT