Amendment ID: S1878-3

Amendment 3

Confidential Communications

Mr. Richard T. Moore moves to amend the bill by inserting at the end thereof the following new section:-

SECTION XX.  Chapter 233 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting, after section 20L, the following new section:-

Section 20M.  A veterans service officer or agent, appointed in accordance with section 3B of chapter 115 shall not disclose any information transmitted in confidence by and between a veteran and a veterans service officer or agent by a means which does not disclose the information to a person other than a person present for the benefit of the veteran, or to those to whom disclosure of such information is reasonably necessary to the assistance of the veteran.  Such communications include all information received by the veterans service officer or agent which arises out of and in the course of such assistance, including, but not limited to, reports, records, working papers or memoranda.  Such confidential communication shall not be subject to discovery in any civil, legislative or administrative proceeding without the prior written consent of the veteran to whom such confidential communication relates.  In criminal actions, such confidential communication shall be subject to discovery and shall be admissible as evidence, but only to the extent the information contained therein which is exculpatory in relation to the defendant; provided, however, that the court shall first examine such confidential communication and shall determine whether or not such exculpatory information is therein contained before allowing such discovery or the introduction of such evidence.