An Act To Require Recording of Certain Custodial Interrogations Further amend the bill by striking out everything after the enacting clause and before the summary and inserting in its place the following: Sec. 1. 15 MRSA §801-A is enacted to read: §80l-A. Recording of custodial interrogations of murder and gross sexual assault suspects 1. Definitions. As used in this section, unless context otherwise indicates, the following terms have following meanings. the the A. Custodial interrogation means an interrogation in which: (1) A reasonable person would consider that person to be in custody in view of the circumstances; and (2) The person is asked a guestion that is likely to elicit an incriminating response. B. Electronic recording includes videotape, audiotape, motion picture and digital recording. Page l-LR0575(2) COMMITTEE AMENDMENT
Maine Legislature, Session 121, LD 0891
Committee Amendment CA_A_S405 (Senate)
Amends: 15 MRSA §801-A

COMMITTEE AMENDMENT "A' to S.P. 286, L.D. 891, Bill, "An 
Act To Require the Videotaping of Police Interrogations" 
Amend the bill by striking out the title and substituting 
the following: 
'An Act To Require Recording of Certain Custodial Interrogations' 
Further amend the bill by striking out everything after the 
enacting clause and before the summary and inserting in its place 
the following: 
'Sec. 1. 15 MRSA §801-A is enacted to read: 
§80l-A. 
Recording of custodial interrogations of murder and 
gross sexual assault suspects 
1. 
Definitions. 
As 
used 
in this 
section, 
unless 
context 
otherwise 
indicates, 
the 
following 
terms 
have 
following meanings. 
the 
the 
A. 
"Custodial 
interrogation" 
means 
an 
interrogation in 
which: 
(1) 
A reasonable person would consider that person to 
be in custody in view of the circumstances; and 
(2) 
The person is asked a guestion that is likely to 
elicit an incriminating response. 
B. 
"Electronic recording" 
includes videotape, 
audiotape, 
motion picture and digital recording. 
Page l-LR0575(2) 
COMMITTEE AMENDMENT 
I~~ ~ 
COMMITTEE AMENDMENT "A' to S.P. 286, L.D. 891 
C. 
"Place of detention" means a building owned or operated 
by a law enforcement agency at which persons may be held in 
detention in connection with criminal charges. 
"Place of 
detention" includes a police station. 
2. 
Certain statements inadmissible. 
A statement made by a 
person accused of murder or felony murder as defined in Title 
l7-A, sections 201 and 202 or gross sexual assault as defined in 
Title l7-A. section 253 is inadmissible in court if the statement 
was 
made 
as 
a 
result of 
a 
custodial interrogation that was 
conducted at a place of detention unless: 
A. 
The 
statement 
is 
an 
electronic 
recording 
and 
is 
presented in a substantially accurate and unaltered manner; 
.ru: 
B. 
The 
person 
seeking to 
have 
the 
statement 
admitted 
demonstrates 
by 
a 
preponderance 
of 
evidence 
that 
the 
statement is reliable. 
The requirements for admissibility of a statement established in 
this subsection are in addition to any showing of voluntariness 
required prior to admission of that statement in court. 
3. 
Exemptions. 
An unrecorded statement is not subject to 
subsection 2 if: 
A. 
The statement is used for impeachment purposes only; 
B. 
Recording the statement was not feasible. including. but 
not 
limited 
to, 
cases 
in 
which 
electronic 
recording 
equipment is malfunctioning; 
C. 
The statement was made in open court. such as at a court 
proceeding. grand jury proceeding or preliminary hearing; 
D. The statement was made spontaneously. not in response to 
a question; or 
E. 
The custodial interrogation took place outside the State. 
4. 
Confidentialitr of recorded statement. 
An electronic 
recording made pursuant to this section is confidential and is 
not 
a 
public 
record 
as 
defined 
in Title 
I. 
section 
402, 
subsection 3. 
5. 
Surplus 
electronic 
recording 
eqgipment. 
A 
law 
enforcement 
agency 
may 
purchase 
surplus 
electronic 
recording 
equipment from the Department of Administrative and Financial 
Services, Bureau of General Services to be used for recording 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT '~ to S.P. 286, L.D. 891 
statements pursuant to this section. 
The 
Bureau of General 
Services may charge 
a 
law enforcement agency only reasonable 
administrative and handling costs of no more than $35 per item 
for the purchase of surplus electronic recording eguipment under 
this subsection. 
6. 
Grants authorized. 
The Department of Public Safety is 
authorized to make grants to law enforcement agencies within the 
State for training and eguipment to be used in furtherance of 
this section. 
7. 
Rulemating. 
The 
department 
shall 
adopt 
routine 
technical rules, pursuant to Title 5, 
chapter 375, 
subchapter 
2-A, 
to 
establish 
a 
mandate 
payment 
~istribution schedule 
pertaining to the purchase of audio recording eguipment by local 
law enforcement agencies pursuant to Title 30-A, section 5685. 
Sec. 
2. 
Appropriations 
and 
allocations. 
The 
following 
appropriations and allocations are made. 
PUBLIC SAFETY, DEPARTMENT OF 
State Police 
Initiative: 
purpose of 
cruisers for 
Appropriates 
funds 
on 
a 
purchasing audio 
recorders 
certain interrogations. 
General Fund 
All Other 
General Fund Total 
SUMMARY 
one-time 
to be 
basis for 
the 
used in police 
2003-04 
$0 
$0 
2004-05 
$1,000 
$1,000' 
This 
amendment, 
which 
is 
the 
majority 
report 
of 
the 
committee 
and 
is 
based 
upon 
similar 
legislation 
in 
other 
jurisdictions, 
replaces 
the 
bill. 
The 
amendment 
makes 
a 
statement inadmissible if the statement was made as a result of 
custodial interrogation that was conducted at a police station or 
other place of detention, 
unless 
the 
statement was 
recorded 
electronically and is presented in a substantially accurate and 
unal tered manner, or the person seeking to have the statement 
admitted demonstrates by a preponderance of evidence that the 
statement is reliable, 
in addition to 
any 
demonstration 
of 
voluntariness 
required 
by 
law. 
This 
requirement 
applies 
to 
interrogations of persons 
accused of murder 
or gross 
sexual 
assault. 
COMMITTEE AMENDMENT 
" 
COMMITTEE AMENDMENT ~ 
to S.P. 286, L.D. 891 
The 
amendment 
defines 
certain 
terms. 
"Custodial 
interrogation" means an interrogation during which a reasonable 
person would consider himself or herself to be in custody and a 
question is asked that is likely to elicit an incriminating 
response. 
"Electronic recording" includes videotape, audiotape, 
motion picture and digital recording. 
"Place of detention" means 
a building owned or operated by a law enforcement agency at which 
persons may be held in detention in connection with criminal 
charges. 
The amendment exempts certain statements from the recording 
requirement. 
Specifically, 
it 
allows 
use 
of 
unrecorded 
statements 
for 
impeachment 
purposes; 
if 
recording 
was 
not 
feasible; if the statement was made in open court, such as at a 
court proceeding, grand jury proceeding or preliminary hearing; 
if the statement was made spontaneously and not in response to a 
question; or if the custodial interrogation takes place out of 
the State. 
Additionally, 
the 
amendment 
makes 
a 
recorded 
statement 
confidential 
and 
exempt 
from 
public 
inspection 
as 
a 
public 
record; 
allows law enforcement agencies to purchase recording 
equipment from the Department of Administrative and Financial 
Services, 
Bureau of 
General 
Services 
for 
nominal 
cost; 
and 
authorizes the Department of Public Safety to make grants to law 
enforcement agencies for training and equipment. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 02/02/04 ~ac:.. 
12lst Maine Legislature 
Office of Fiscal and Program Review 
LD891 
An Act to Require the Videotaping of Police Interrogations 
LR 0575(02) 
Fiscal Note for Bill as Amended by Committee Amendment 'A 
Committee: Criminal Justice 
Fiscal Note Required: Yes 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
State Mandate 
New or Expanded Activity 
Fiscal Note 
Current Cost - State Mandate 
2003-04 
2004-05 
$0 
$1,000 
$0 
$1,000 
The requirement that local law enforcement agencies must record certain police 
interrogations constitutes an unfunded state mandate. The costs may be mitigated by 
any surplus state equipment available at a reduced cost. The final costs are 
estimated to be not more than $1,000; a General Fund appropriation for that purpose 
has been included. 
Fiscal Detail and Notes 
Projections 
2005-06 
$0 
$0 
Unit Affected 
Municipality 
County 
Projecti 
200( 
Costs 
Insignificc 
Assuming the purchase of surplus recording equipment by law enforcement agencies will be minor, the additional 
administrative and handling costs can be absorbed by the Bureau of General Services utilizing existing budgeted 
resources. However, if this activity were to become excessive, future General Fund appropriations could be requir 
for the Bureau of General Services in addition to the one provided for the Department of Public Safety. 
LR0575(2) - Fiscal Note - Page 1 of 1