Bill Summary – FastDemocracy

                                                                APPROVED               CHAPTER
                                                                MAY 29, 2025                139
                                                              BY GOVERNOR             PUBLIC LAW
                                STATE OF MAINE
                                        _____
                           IN THE YEAR OF OUR LORD
                       TWO THOUSAND TWENTY-FIVE
                                        _____
                                 S.P. 191 - L.D. 458
         An Act Regarding the Domestic Violence Advocate Privilege
Be it enacted by the People of the State of Maine as follows:
   Sec. 1. 14 MRSA §6001, sub-§6, ¶H, as amended by PL 2017, c. 455, §3, is further
amended by amending subparagraph (1) to read:
       (1) A statement signed by a Maine-based sexual assault counselor as defined in
       Title 16, section 53‑A, subsection 1, paragraph B, an a domestic violence advocate
       as defined in Title 16, section 53‑B, subsection 1, paragraph A A-4 or a victim
       witness advocate as defined in Title 16, section 53‑C, subsection 1, paragraph C;
    Sec. 2. 16 MRSA §53-B, as amended by PL 2013, c. 478, §§3 to 6 and c. 588, Pt.
E, §10, is further amended by amending the section headnote to read:
§53-B. Privileged communications to victim domestic violence advocate; family
       violence
   Sec. 3. 16 MRSA §53-B, sub-§1, as amended by PL 2013, c. 478, §§3 to 5, is
further amended to read:
    1. Definitions. As used in this section, unless the context otherwise indicates, the
following terms have the following meanings.
   A. "Advocate" means an employee of or volunteer for a nongovernmental or Maine
   tribal program for victims of domestic or family violence who:
       (1) Has undergone at least 30 hours of training; and
       (2) As a primary function with the program gives advice to, counsels or assists
       victims, supervises employees or volunteers who perform that function or
       administers the program.
   A-1. "Confidential communications" means all information, whether written or oral,
   transmitted between a victim and a domestic violence advocate in the course of the
   working relationship. "Confidential communications" includes, but is not limited to,
   information received or given by the domestic violence advocate in the course of the
   working relationship, advice, records, reports, notes, memoranda, working papers,
                                 Page 1 - 132LR1559(03)
    electronic communications, case files, history and statistical data, including name, date
    of birth and social security number, that personally identify the victim.
    A-2. "Confidential criminal history record information" has the same meaning as in
    section 703, subsection 2.
    A-3. "Criminal 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 from a
    domestic violence services provider that, at a minimum, includes:
        (1) State and federal laws, rules and regulations on confidentiality and other
        protections for victims of domestic violence;
        (2) Mandated reporting;
        (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 crisis intervention, safety planning, legal
    information and educational information pertaining to domestic violence.
    B. "Victim" 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 criminal history record information. A Maine criminal justice
agency, whether directly or through any intermediary, may disseminate confidential
criminal history record information to an a domestic violence advocate for the purpose of
planning for the safety of a victim of domestic violence. An A domestic violence advocate
who receives confidential criminal history record information pursuant to this subsection
shall use it solely for the purpose authorized by this subsection and may not further
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 disclosure as
follows.
    A. A victim may refuse to disclose and may deny permission to an a domestic violence
    advocate to disclose confidential written or oral communications between the victim
    and the domestic violence advocate and written records, notes, memoranda or reports
    concerning the victim.
    B. Except as provided in subsection 3, a victim, domestic violence advocate or
    domestic violence advocate's agency may not be required through oral or written
    testimony or through production of documents to disclose to a court in criminal or civil
    proceedings or to any other agency or person confidential communications between
    the victim and the domestic violence advocate.
                                   Page 2 - 132LR1559(03)
    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 1, paragraph B, or an a domestic violence advocate, as defined in section 53‑B,
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 further disseminate the information;
    C. Shall ensure that physical copies of the information are securely stored and remain
    confidential;
    D. Shall destroy all physical copies of the information within 30 days after their
    receipt;
    E. Shall permit criminal justice agencies providing such information to perform
    reasonable and appropriate audits to ensure that all physical copies of information
    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. Communications by a victim, as defined in Title
16, section 53‑B, subsection 1, paragraph B, to an a domestic violence advocate, as defined
in Title 16, section 53‑B, subsection 1, paragraph A A-4, are privileged from disclosure as
provided in Title 16, section 53‑B, subsection 2, subject to exceptions in Title 16, section
53‑B, subsection 3.
                                   Page 3 - 132LR1559(03)
Statutes affected: 
Bill Text ACTPUB , Chapter 139: 14.6001, 16.53, 16.806, 17-A.2109