1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. [PL 2025, c. 139, §3 (RP).] 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, electronic communications, case files, history and statistical data, including name, date of birth and social security number, that personally identify the victim. [PL 2025, c. 139, §3 (AMD).] A-2. "Confidential criminal history record information" has the same meaning as in section 703, subsection 2. [PL 2013, c. 478, §4 (NEW).] A-3. "Criminal justice agency" has the same meaning as in section 703, subsection 4. [PL 2013, c. 478, §5 (NEW).] 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. [PL 2025, c. 139, §3 (NEW).] 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. [PL 2025, c. 139, §3 (NEW).] B. "Victim" means a victim of domestic or family violence. [PL 1995, c. 128, §1 (NEW).] [PL 2025, c. 139, §3 (AMD).] 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 a domestic violence advocate for the purpose of planning for the safety of a victim of domestic violence. 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. [PL 2025, c. 139, §4 (AMD).] 2. Privileged communication. Communications are privileged from disclosure as follows. A. A victim may refuse to disclose and may deny permission to 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. [PL 2025, c. 139, §5 (AMD).] 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. [PL 2025, c. 139, §5 (AMD).] [PL 2025, c. 139, §5 (AMD).] 3. Exceptions. A person may not be required to publicly disclose the address or location of a domestic or family violence shelter or safe house, except that privileged communications may be disclosed in the following cases: A. When disclosure is required under Title 22, chapter 958-A or 1071 and that disclosure is in accordance with the provisions of either chapter; [PL 2007, c. 577, §2 (AMD).] B. When a court in the exercise of its discretion determines the disclosure of the information necessary to the proper administration of justice, an inspection of records may be held in camera by the judge to determine whether those records contain relevant information. This proceeding does not entitle an opposing party to examine the records unless those records are made available by the court; or [PL 1995, c. 128, §1 (NEW).] C. When a victim dies or is incapable of giving consent and disclosure is required for an official law enforcement investigation or criminal proceeding regarding the cause of that victim's death or incapacitation. [PL 1995, c. 128, §1 (NEW).] [PL 2007, c. 577, §2 (AMD).]
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