An Act to Improve
Maine Legislature, Session 132, LD 2163
Committee Amendment CA_B_H911 (House)
Amends: 5 MRSA §200-E, 17-A MRSA §2102

COMMITTEE AMENDMENT " @ " 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 substitutmg the following;
'An Act to Enhance Crime Victims' Rights'
Amend the bill by striking out everything after the enacting clause and insertmg the
following:
'See. 1. 5 MRSA §200-E, sub-§2, ^B is enacted to read;
B, At least 15 days before sending a written request for medical records under this
subsection, the Attorney General, the Attorney General's desienee, the district attorney
or the district attorney's designee shall provide the victim with a written notice of intent
to send a written request for medical records under this subsection and of the victim's
right to object under this paragraph. If the victim objects in writing within 15 days. the
Attorney General, the Attorney General s designee, the district attomev or the district
attorney's designee may not submit a written request under this subsection but may file
a motion pursuant to Rule 17ACf) of the Maine Rules of Unified Criminal Procedure
for access to the medical records.
Sec. 2. 17-A MRSA §2102, sub-§l, ^]F-2, as enacted by PL 2021,c. 330, §6 and
reallocated by RR 2021, c, 1, Pt. A, §14, is amended to read:
F-2, The final disposition of the charges against the defendant, including the amount
of deductions to time served that a defendant has accumulated as of the date of
sentencing. On or before the date of sentencing, the attorney for the State shall obtain
information about the deductions to time served from each correctional facility at
which a defendant was detained prior to sentencing on the relevant charges; aftd
Sec. 3. 17-A MRSA §2102, sub-§l, ^G, as enacted by PL 2019, c. 1 13, Ft. A, §2,
is amended to read:
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " j^>" to H,P. 1452, L.D, 2163
G. The right to comment on the proposed early termination of probation, early
termination of administrative release or conversion of probation to administi'ative
release, pursuant to section 210 5?i
Sec. 4. 17-A MRSA §2102, sub-§l, T]H is enacted to read;
H. Any written request submitted under Title 5. section 200-E. subsection 2 ot_any
request made for a subpQena fotthe victim's records within the meaning of section
2110; the date and time of any criminal hearing or criminal court m'oceeding
concernmg the request and that the victun must be idven an opt?ortunitv to be heard at
that hearing or oroceedme; and
Sec. 5. 17-A MRSA §2102, sub-§l, ^l is enacted to read:
I. The filing, scheduline and outcome of an appeal of a decision of the court _by a
defendant or the State involving a crime aeamst the victim,
Sec. 6. 17-AMRSA §2110 is enacted to read:
§2110. Requests 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 opportumtv to be heard at any criminal hearing or criminal court
proceedine concerning a written request submitted under Title 5. section 200-E. subsection
2 or a subpoena issued to a person other than the victim for any record that implicates 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 not limited
to, the victim's medical records, mental health counseline or treatment records, educational
records, electronic 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 device location
information" has the same meanmgas_m Title 16^chapter 3, subchaDter 11.
Sec. 7. 17-AMRSA §2111 is enacted to read:
§2111. Presence of victim's attorney or advocate
At any court oroceedine in a criminal case in which a victim has a right to be heard.
the victim may retainan attorney 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 required to comply with Rule 4.2 of the Maine Rules of
Professional Conduct govemine communications with persons represented by counsel,
treatment of the victim may not be_affected or altered_ln anv way due to the_ victim's
4 decision to exercise this right. For purposes of this section, "victim witness advocate" or
"victim witness coordinator" has the same meaning as in Title 16, section 53-C. subsection
1 ^paragraph C.
Sec. 8. Appropriations and allocations. The followmg appropriations and
allocations are made,
ATTORNEY GENERAL, DEPARTMENT OF THE
District Attorneys Salaries 0409
Initiative: Provides funding for one Assistant Attorney General position to send
notifications regarding medical records.
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "^ " to H.P. 1452, L.D, 2163
GENERAL FUND 2025-26 2026-27
POSITIONS - LEGISLATP/E COUNT 0.000 1,000
Personal Services $0 $190,492
GENERAL FUND TOTAL $0 $190,492
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment, which is the minority report of the committee, replaces the bill and
changes the title, 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
the 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 any proceeding
or hearing 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 victim 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.
Under the amendment, the attorney for the State also has the same responsibility with
respect to a written request for the victim's medical records pursuant to the Maine Revised
Statutes, Title 5, section 200-E, subsection 2,
0 The amendment also provides that, before the Attorney General, the Attorney General's
designee, the district attorney or the district attorney's designee sends a written request for
copies of medical records related to the examination or treatment of the victim related to
an alleged criminal act as permitted in current law, the relevant official must notify the
victim of the official's intent to send the written request and of the victim's right to object.
If the victim objects in writing within 15 days, the official may not obtain the medical
records through a written request but may file a motion for access to the relevant records
7 pursuant to Rule 17A(f) of the Maine Rules of Unified Criminal Procedure,
8 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
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " f^" to H.P. 1452, L.D. 2163
Rules of Professional Conduct governing attorney communications with persons who are
represented by counsel,
FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Approved; 03/20/26 t-Rt-
LD 2163 LR 2691(03)
An Act to Improve the Response to Complaints by Victims of Crime and Enhance Victims' Rights
Fiscal Note for Bill as Amended by Committee Amendment '^y ^_Cj))'
Committee: Judiciary
Fiscal Note Required: Yes
Fiscal Note
Projections Projections
FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29
Net Cost (Savings)
General Fund $0 $190,492 $198,423 $225,519
ippropriations/AIlocations
General Fund $0 $190,492 $198,423 $225,519
Fiscal Detail and Notes
The bill includes a General Fund appropriation to the Office of the Attorney General of $190,492 in fiscal year 2026-
for one Assistant Attorney General position to send and process notifications regarding medical records statewide,
LR2691(03) - Fiscal Note - Page 1 of 1