An Act to Ensure Basic Standards for Death Investigations by Law Enforcement Agencies LR 1993(02)
Maine Legislature, Session 121, LD 1434
Committee Amendment CA_A_H474 (House)
Amends: 25 MRSA §2803-B

AMENDMENT "R .. to H. P. 1053, L.D. 1434, Bill, 
Basic Standards for Death Investigations by 
Enforcement Agencies" 
Amend the bill by inserting after the title the following: 
"An 
Law 
'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 bill by inserting after section 2 the 
following: 
• Sec. 3. 25 MRSA §2803-B, sub-§§2 and 3, as amende·ci by PL 2001, 
c. 686, Pt. B, §l, 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) may ~ 
be established no later than January 1, 2003 
and 
policies 
for 
death 
investigations 
under 
subsection 
I, 
paragraph I must be established no later than January I, 2004. 
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 
Page l-LR1993(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "~,, to H.P. 1053, L.D. 1434 
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 l, 
paragraph D, subparagraphs (1) to (3) must be made to the board 
no later than June 1, 2003 and 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, 
2004. 
This 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 and certification for 
orientation and training with respect to policies regarding death 
investigations must be made to the board no later than January 1, 
2005. 
Sec. 4. 25 MRSA §2803-B, sub-§4, as enacted by PL 1993, c. 
744, §5, is amended to read: 
4. 
Penalty. 
An 
agency that fails to 
comply with any 
provision of subsection 3 commits a civil violation for which the 
State Government or local government entity whose officer or 
employee committed the violation may be adjudged a 
E9FEeit:lu;:e 
fine not to exceed $500 .• 
S~Y 
This amendment directs the Board of Trustees of the Maine 
Criminal Justice Academy to establish by January 1, 2004 the new 
model policy for death investigations that the bill requires. 
The amendment also requires that each law enforcement agency 
certify by June 1, 2004 to the board that the agency has adopted 
a 
death investigation policy and requires 
a 
law enforcement 
agency to certify by June 1, 2005 that the law enforcement agency 
has adopted orientation and training regarding the new policy. 
This amendment changes "forfeiture" to "fine" to conform to 
MCJUSTIS drafting standards. 
This amendment also adds a mandate preamble. 
FISCAL ~OTE REQURED 
(See attached) 
COMMITTEE AMENDMENT 
State Mandate 
New or Expanded Activity 
Approved: 05/16/03 ;'/k?ac:.. 
Office of Fiscal and Program Review 
LD 1434 
An Act to Ensure Basic Standards for Death Investigations by Law 
Enforcement Agencies 
LR 1993(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Exempt State Mandate 
Requiring law enforcement agencies to adopt a written policy to deal with death 
investigations is a state mandate pursuant to the constitution. Pursuant to the 
Mandate Preamble, the State is exempted from funding 90% of the additional local 
costs associated with the requirement that local law enforcement agencies must 
develop written policies for death investigations. 
Unit Affected 
Municipality 
County 
Costs 
Minor 
LR1993(2) - Fiscal Note - Page 1 of 1