An Act To Require the Videotaping of Police Interrogations
Maine Legislature, Session 121, LD 0891
Committee Amendment CA_A-HA_B_H940 (House)
Amends: 25 MRSA §2803-B

HOUSE AMENDMENT ,B" 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 
substitute title the following: 
the 
'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 Qb 
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, 1rH, as amended by PL 2003, 
c. 370, §l, is further amended to read: 
Page l-LR0575(12) 
HOUSE AMENDMENT 
HOUSE AMENDMENT "B" to COMMITTEE AMENDMENT "A" to S.P. 286, L.D. 
H. 
Criminal conduct engaged in by law enforcement officers; 
aBe 
Sec. 2. 25 MRSA §2803-B, sub-§l, 1JI, as enacted by PL 2003, c. 
370, §2, is amended to read: 
I. 
Death 
investigations, 
including 
at 
protocol of the Department of the Attorney 
such investigationsT~ 
a 
minimum 
the 
General regarding 
Sec.3. 25 MRSA §2803-B, sub-§l, 1JJ 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. 
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 
L 
paragraph 
J 
must 
be 
established no later than January 1, 2005. 
3. 
Agency 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 L 
paragraph J must be made to the board 
no later than June 
L 
2005. 
±Ris 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 
HOUSE AMENDMENT 
HOUSE AMENDMENT "3" to COMMITTEE AMENDMENT "A" to S.P. 286, L.D. 
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.' 
This 
Amendment 
preamble. 
SUMMARY 
amendment 
incorporates 
the 
"A" 
to Committee Amendment 
SPONSORED BY, 
~-1 
/tvtZ 
(Representativ J. MILLS) 
TOWN: 
Farmington 
FISCAL ="01£ REQllRED 
(See attached) 
provisions 
"A" 
and adds 
of 
a 
House 
mandate 
HOUSE AMENDMENT 
Approved: 04115104 ;t?ae 
I2lst Maine Legislature 
Office of Fiscal and Program Review 
LI> 891 
An Act to Require the Videotaping of Police Interrogations 
LR0575(12) 
Fiscal Note for House Amendment" " to Committee Amendment" " 
Sponsor: Rep. Mills 
Fiscal Note Required: Yes 
Fiscal Note 
Exempt State Mandate 
2003-04 
2004-05 
Net Cost (Savings) 
General Fund 
$0 
($1,000) 
Appropriations/Allocations 
General Fund 
$0 
($1,000) 
State Mandate 
New or Expanded Activity 
Requiring local law enforcement agencies to adopt certain written policies is an 
unfunded state mandate. While the exact costs can not be determined at this time, 
the costs of developing written policies is not expected to be significant. 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 
2005-06 
$0 
$0 
Unit Affected 
Municipality 
County 
Projections 
2006-07 
$0 
$0 
Costs 
Insignificant 
This amendment removes the $1,000 appropriation that was in the committee amendment. The mandate for the 
purchase of surplus recording equipment by law enforcement agencies is eliminated but is replaced by the above 
described mandate for written policies.