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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 advocate or coordinator. |
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| | 3.__Exceptions.__Privileged communications may be disclosed in | the following cases: |
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| A.__Disclosure may be made to the district attorney, | Attorney General or the United States Attorney or their | assistants; |
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| B.__When disclosure is required under Title 22, chapter 1071 | and that disclosure is in accordance with that chapter; |
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| C.__When a court in the exercise of its discretion | determines the disclosure of 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; |
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| D.__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; or |
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| E.__Evidence of an exculpatory nature must be disclosed to | the criminal defendants pursuant to the Maine Rules of | Criminal Procedure, Rule 16. |
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| | This bill provides that information communicated to victim | witness advocates and coordinators remains confidential within | the office of the prosecutor. Such communications are currently | not explicitly confidential pursuant to law, and some trial | judges have ordered that such communications be made available to | defendants. This bill makes disclosure of exculpatory evidence | to criminal defendants mandatory. |
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