An Act To Require the Videotaping of Police Interrogations
Maine Legislature, Session 121, LD 0891
Committee Amendment CA_A-SA_D_S514 (Senate)
Amends: 25 MRSA §2803-B

SENATE 
AMENDMENT 
" J) " 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 Policies 
Concerning Recording and Preservation of Interviews' 
Further 
amend 
the 
amendment 
by 
inserting 
after 
the 
substitute title the following: 
'Further amend the bill by inserting after the title the 
following: 
'Mandate preamble. 
This measure requires one or more local 
units of government to expand or modify activities so as to 
necessitate additional expenditures from local revenues but does 
not provide funding for at least 
90~ of those expenditures. 
Pursuant to the Constitution of Maine, Article IX, Section 21, 
2/3 of all of the members elected to each House have determined 
it necessary to enact this measure.' , 
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-§I, 1JH, as amended by PL 2003, 
c. 370, §1, is further amended to read: 
Page l-LR0575(10) 
SENATE AMENDMENT 
SENATE 
AMENDMENT "])" to COMMITTEE AMENDMENT "A" to S.P. 
286, 
L.D. 891 
H. 
Criminal conduct engaged in by law enforcement officers; 
aBe 
Sec. 2. 25 MRSA §2803-B, sub-§l, 1rI, as enacted by PL 2003, c. 
370, §2, is amended to read: 
I. 
Death 
investigations, 
including 
at 
a 
m1n1mum 
the 
protocol of the Department of the Attorney General regarding 
such investigationsTj and 
Sec.3. 2S MRS A §2803-B, sub-§l, 1[J is enacted to read: 
J. 
Digital, electronic, audio, video or other recording of 
law enfQrcement interviews of suspects in serious crimes and 
the preservation of investigative notes and records in such 
cases. 
Sec. 4. 25 MRSA §2803-B, sub-§§2 and 3, as amended by PL 2003, 
c. 370, §3, are further amended to read: 
2. 
Minimwn 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 
domes-tic viQlence 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 recQrding and preservation of interviews Qf suspects in 
serious 
crimes 
under 
subsection 
L 
paragraph 
J 
must 
be 
established nQ later than JAnuary 1, 2005. 
The minimum standards 
for policies for the recQrding 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 subsectiQn, 
"electronic recording" 
includes 
videQtape, 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 ser ious 
SENATE AMENDMENT 
SENATE AMENDMENT 'J)" to COMMITTEE 
AMENDMENT "A" to S.P. 286, 
L.D. 891 
crimes under subsection 1, paragraph J must be made to the board 
no later than June 
1. 
2005. 
';I;a:i:s 
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 1, 2005.' 
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. 
This amendment also adds a mandate preamble. 
~ 
SPONSORED BY~~ 
'" -.~ 
(Senator STRIMLING) 
_~-
COUNTY: 
Cumberland 
i'i~;C-\L :\OTE REQUIRED 
(See attached) 
SENATE AMENDMENT 
Approved: 04112/04 ~ae. 
12lst Maine Legislature 
Office of Fiscal and Program Review 
LD891 
An Act to Require the Videotaping of Police Interrogations 
LROS7S(lO) 
Fiscal Note for Senate Amendment 'j)" to Committee Amendment 'A" 
Sponsor: Sen. Strimling 
Fiscal Note Required: Yes 
Net Cost (Savings) 
General Fund 
Appropriations! Allocations 
General Fund 
State Mandate 
Fiscal Note 
Exempt State Mandate 
2003-04 
$0 
$0 
2004-05 
($1,000) 
($1,000) 
Projections 
2005-06 
$0 
$0 
New or Expanded Activity 
Unit Affected 
Requiring local law enforcement agencies to adopt certain written policies regarding 
Municipality 
the interrogation of certain suspects and requiring the use of electronic recordings 
County 
are state mandates. Pursuant to the Mandate Preamble, the two-thirds vote of all 
members elected to each House exempts the State from the constitutional 
requirement to fund 90% of the additional local costs. 
Fiscal Detail and Notes 
Projections 
2006-07 
$(' 
$0 
Costs 
Significant 
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. The Mandate Preamble has been added.