An Act To Require the Videotaping of Police Interrogations
Maine Legislature, Session 121, LD 0891
Committee Amendment CA_A-SA_C_S513 (Senate)
Amends: 25 MRSA §2803-B

SENATE 
AMENDMENT 
,,~, to COMMITTEE 
AMENDMENT 
"A" to S.P. 
286, L.D. 891, Bill, "An Act To Require the Videotaping of Police 
Interrogations" 
Amend the amendment by striking out the substitute title and 
replacing it with the following: 
'An Act To Require Law Enforcement Agencies To Adopt Pol.icies 
Concerning Recording and Preservation of Interviews' 
Further amend the amendment by striking out all of sections 
and 2 and inserting in their place the following: 
'Sec. 1. 25 MRSA §2803-B, sub-§l, 1JH, as amended by PL 2003, 
c. 370, §1, is further amended to read: 
H. 
Criminal conduct engaged in by law enforcement officers; 
aBe 
Sec. 2. 25 MRSA §2803-B, sub-§l, 1fI, as enacted by PL 2003, c. 
370, §2, is amended to read: 
I. 
Death 
investigations, 
including 
at 
a 
m~n~mum 
the 
protocol of the Department of the Attorney General regarding 
such investigationsT; and 
Sec.3. 25 MRSA §2803-B, sub-§I, 1IJ is enacted to read: 
J. 
Digital, electronic, audio, video or other recording of 
law enforcement interviews of suspects in serious crimes and 
the preservation of investigative notes and records in such 
cases. 
SENATE AMENDMENT 
SENATE 
AMENDMENT "c...." to COMMITTEE 
AMENDMENT 
"A" to S.P. 286, 
L.D. 891 
Sec. 4. 25 MRSA §2803-B, sub-§§2 and 3, as amended by PL 2003, 
c. 370, §3, are further amended to read: 
2. 
Minimum policy standards. 
The board shall establish 
minimum standards for each law enforcement policy no later than 
June 1, 1995, except that policies for expanded requirements for 
domestic violence under subsection 1, paragraph D, subparagraphs 
(1) to (3) must be established no later than January 1, 2003 aBeL 
policies for death investigations under subsection 1, paragraph I 
must be established no later than January 1, 2004: and policies 
for the recording and preservation of interviews of suspects in 
serious 
crimes 
under 
subsection 
1. 
paragraph 
J 
must 
be 
established no later than January I. 2005. 
The minimum standards 
for policies for the recording and preservation of interviews of 
suspects in serious crimes under subsection 1. paragraph J must 
designate that such interviews be electronically recorded. 
For 
purposes 
of this subsection, 
"electronic 
recording" 
includes 
videotape. audiotape. motion picture and digital recording. 
3. 
Aqency compliance. 
The chief administrative officer of 
each law enforcement agency shall certify to the board no later 
than January 1, 1996 that the agency has adopted written policies 
consistent with the minimum standards established by the board 
pursuant to subsection 2, except that certification to the board 
for expanded policies for domestic violence under subsection 1, 
paragraph D, subparagraphs (1) to (3) must be made to the board 
no later than June 1, 2003 aBeL certification to the board for 
adoption of a 
death investigation policy under subsection 1, 
paragraph I must be made to the board no later than June 1, 2004L 
and certification to the board for adoption of a policy for the 
recording and preservation of interviews of suspects in serious 
crimes under subsection 1, paragraph J must be made to the board 
no later than June 1. 
2005. 
This The certification must be 
accompanied 
by 
copies 
of 
the 
agency 
policies. 
The 
chief 
administrative officer of each agency shall certify to the board 
no 
later 
than 
June 
1, 
1996 
that 
the 
agency 
has 
provided 
orientation and training for its members with respect to the 
policies, except that certification for orientation and training 
with respect to expanded policies for domestic violence under 
subsection 1, paragraph D must be made to the board no later than 
January 1, 2004 aBeL certification for orientation and training 
with respect to policies regarding death investigations must be 
made 
to 
the 
board 
no 
later 
than 
January 
1, 
2005: 
and 
certification 
for 
orientation 
and 
training with 
respect 
to 
policies regarding the recording and preservation of interviews 
of suspects in serious crimes under subsection 1. paragraph J 
must be made to the board no later than January I. 2005.' 
SENATE AMENDMENT 
• 
SENATE 
AMENDMENT 
.. c.... to COMMITTEE 
AMENDMENT "A" to S • P . 
286, 
L.D. 891 
SUMMARY 
This 
amendment 
incorporates 
the 
provisions 
of 
House 
Amendment "A" to Committee Amendment "A" and provides that the 
minimum standards for policies for the recording and preservation 
of interviews of suspects in serious crimes under the Maine 
Revised 
Statutes, 
Title 
25, 
section 
2803-B, 
subsection 
1, 
paragraph J must designate that such interviews be electronically 
recorded. 
~ 
SPONSORED BY: £:.) -
~' -
.~ /) 
(Senator STRIMLING) 
. 
COUNTY: 
Cumberland 
FISCAL NOTE R EQL1RED 
(Se~_attached) 
SENATE AMENDMENT 
Net Cost (Savings) 
General Fund 
Appropriations! Allocations 
General Fund 
State Mandate 
New or Expanded Activity 
Approved: 04112/04 ~ae 
12lst Maine Legislature 
Office of Fiscal and Program Review 
LD891 
An Act to Require the Videotaping of Police Interrogations 
LR0575(09) 
Fiscal Note for Senate Amendment '~to Committee Amendment ~' 
Sponsor: Sen. Strimiing 
Fiscal Note Required: Yes 
Fiscal Note 
Current Cost - State Mandate 
2003-04 
$0 
$0 
2004-05 
($1,000) 
($1,000) 
Projections 
2005-06 
$0 
$0 
Projections 
2006·07 
$( 
$0 
Requiring local law enforcement agencies to adopt certain written policies regarding 
the interrogation of certain suspects and requiring the use of electronic recordings 
are state mandates. 
Unit Affected 
Municipality 
County 
Costs 
Significant 
Fiscal Detail and Notes 
This amendment removes the $1,000 appropriation that was in the committee amendment, resulting in General Fund 
savings. It also removes the requirement that the Bureau of General Services provide surplus electronic equipment at 
reduced cost to local law enforcement agencies. A requirement for written policies is added to the requirement for 
electronic recording of certain interrogations.