An Act To Aid Victims of Identity Theft in Securing a Police Report and To Aid Victims in Court Proceedings When Their Identities Have Been Stolen and Falsely Used
Maine Legislature, Session 123, LD 2220
Committee: Judiciary
Amends: 10 MRSA §1350-B

Legislative Document 
No. 2220 
H.P. 1586 
House of Representatives, February 25, 2008 
An Act To Aid Victims of Identity Theft in Securing a Police Report 
and To Aid Victims in Court Proceedings When Their Identities 
Have Been Stolen and Falsely Used 
Reported by Representative SIMPSON of Auburn for the Criminal Law Advisory 
Commission pursuant to the Maine Revised Statutes, Title 17-A, section 1354, subsection 2. 
Reference to the Committee on Judiciary suggested and ordered printed under Joint Rule 
218. 
I1/~A frI· 7l/()£~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 10 MRSA §1350-B is enacted to read: 
§1350-B. 
Reporting of identity theft; mandatory police report and possible 
investigation 
A person who knows or reasonably believes that the person's personal information 
has been misused in violation of Title 17-A, section 905-A may report the misuse and 
obtain a police report by contacting the local law enforcement agency that has jurisdiction 
over the person's actual residence or place of business. That law enforcement agency 
shall make a police report of the matter and provide the complainant with a copy of that 
report. At its discretion, the law enforcement agency may undertake an investigation of 
the matter or refer it to another law enforcement agency. If the suspected crime was 
committed in a jurisdiction outside of the State, the local law enforcement agency shall 
refer the report to the law enforcement agency where the suspected crime was committed. 
Sec. 2. 15 MRSA c. 308 is enacted to read: 
CHAPTER3~ 
POST-JUDGMENT MOTION WHEN PERSON'S IDENTITY HAS BEEN 
STOLEN AND USED IN A CRIMINAL, CIVIL VIOLATION OR 
TRAFFIC INFRACTION PROCEEDING 
§2181. Application 
This chapter is not intended to provide relief to a person who has stolen another 
person's identity and falsely used it in a criminal, civil violation or traffic infraction 
proceeding. 
§2182. Post-judgment motion for determination of factual innocence and correction 
of record 
1. Motion; persons who may file. A person who reasonably believes that the 
person's identity has been stolen and falsely used by another in a criminal proceeding, a 
civil violation proceeding or a traffic infraction proceeding in which a final judgment has 
been entered may file a written motion in the underlying criminal, civil violation or traffic 
infraction proceeding seeking a court determination of factual innocence and correction 
of the court records and related criminal justice agency records. The same motion may 
also be filed on behalf of such a person by an attorney for the State or by the court. 
2. Time for filing. A motion for determination of factual innocence and correction 
of record must be filed by: 
A. 
June 1, 2009 for a criminal, civil violation or traffic infraction proceeding 
finalized prior to the effective date of this section in which the person is aware that 
the person's identity had been stolen and falsely used by another; and 
Page I - 123LR3446(01)-1 
B. For a criminal, civil violation or traffic infraction proceeding finalized after the 
effective date of this section, one year from the date the person becomes aware that 
the person's identity has been stolen and falsely used by another in that proceeding. 
§2183. Motion and hearing; process 
1. Filing motion. A motion filed pursuant to section 2182 must be filed in the 
underlying criminal, civil violation or traffic infraction proceeding. The appropriate chief 
judge or justice must specially assign the motion. The assigned judge or justice shall 
determine upon whom and how service of the motion is to be made and enter an order in 
this regard. 
2. Counsel. If the court finds that the person who files the motion under section 
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2182 or on whose behalf the motion is filed is indigent, the court may appoint counsel for 
the person at any time during the proceedings under this chapter. 
3. Attorney for the State. The attorney for the State shall represent the State for 
purposes of this chapter. 
4. Evidence. The Maine Rules of Evidence do not apply to the hearing on the 
motion under this section, and evidence presented at the hearing by the participants may 
include testimony, affidavits and other reliable hearsay evidence as permitted by the 
court. 
5. Hearing; certification of results. The judge or justice assigned pursuant to 
subsection 1 shall hold a hearing on the motion under this section. At the conclusion of 
the hearing, if the court finds that the person who filed the motion under section 2182 has 
established by clear and convincing evidence relative to a criminal proceeding or by a 
preponderance of the evidence relative to a civil violation or traffic infraction proceeding 
that the person is not the person who committed the crime, civil violation or traffic 
infraction, the court shall find the person factually innocent of that crime, civil violation 
or traffic infraction and shall issue a written order certifying this determination. If at the 
conclusion of the hearing the court finds otherwise as to the motion, the court shall deny 
the motion and shall issue a written order certifying this determination. The order must 
contain written findings of fact supporting the court's decision granting or denying the 
motion. A copy of the court's written order granting or denying the motion must be 
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provided to the person. 
6. Correction of the record. If the court grants the motion following the hearing in 
subsection 5, it shall additionally determine what court records and related criminal 
iustice records require correction and shall enter a written order specifying the corrections 
to be made in the court records and the records of each of the appropriate criminal iustice 
agencies. 
7. Subsequent discovery of fraud or misrepresentation. If the court that has 
issued an order certifying a determination of factual innocence pursuant to subsection 5 
subsequently discovers that the motion or information submitted in support of the motion 
may contain material misrepresentation or fraud, the court may, after giving notice to the 
pg!rticipants, hold a hearing. At the conclusion of the hearing, if the court finds by a 
I 
preponderance of the evidence the existence of material misrepresentation or fraud, it 
may, by written order, vacate its earlier order certifying a determination of factual 
innocence and modify accordingly any record correction earlier made pursuant to 
subsection 6. The written order must contain findings of fact supporting its decision to 
vacate or not to vacate. 
§2184. 
Review of determination of factual innocence; review of a subsequent 
vacating of determination 
A final judgment entered under section 2183, subsection 5 or 7 may be reviewed by 
the Supreme Judicial Court sitting as the Law Court. 
1. Appeal by the person. A person aggrieved by the final judgment under section 
2183, subsection 5 or 7 may not appeal as of right. The time for taking the appeal and the 
manner and any conditions for the taking of the appeal are as the Supreme Judicial Court 
provides by rule. 
2. Appeal by the State. The State aggrieved by the final judgment under section 
2183, subsection 5 or 7 may appeal as a matter of right, and a certificate of approval.Qy 
the Attorney General is not required. The time for taking the appeal and the manner and 
any conditions for the taking of the appeal are as the Supreme Judicial Court provides by 
rule. 
SUMMARY 
The bill is proposed by the Criminal Law Advisory Commission. 
This bill allows a person who is a victim of identity theft to make a report to the 
police and obtain a copy of the police report. 
The bill provides for a simple, expedient and comprehensive post-judgment method 
of relief when a person's identity has been stolen and falsely used by another person in a 
criminal proceeding, a civil violation proceeding or a traffic infraction proceeding. It is 
immaterial as to what the final outcome is in that proceeding. The relief offered is a court 
determination of factual innocence and the correction of the court records and related 
criminal justice agency records. This bill does not provide relief to a person who has 
stolen another person's identity and falsely used in it a criminal, civil violation or traffic 
infraction proceeding. 
The relief process commences with the filing of a post-judgment motion in the 
underlying criminal, civil violation or traffic infraction proceeding seeking a court 
determination of factual innocence and the correction of the court records and related 
criminal justice agency records. A person who reasonably believes that the person's 
identity has been stolen and falsely used by another person may file the post-judgment 
motion or an attorney for the State or the court may file the motion on the person's behalf. 
There is a one-year statute of limitations on the filing of a motion. Once filed, a judge or 
justice must be specially assigned, and that judge or justice must determine upon whom 
and how service of the motion is to be made and enter an order in this regard. If the 
judge or justice finds the person to be indigent, the court may appoint counsel for the 
I 
person at any time during the proceedings. A hearing on a timely motion must be held by 
the judge or justice thereafter. The Maine Rules of Evidence do not apply, and evidence 
presented at the hearing may include testimony, affidavits and other reliable hearsay 
evidence as permitted by the judge or justice. At the hearing the burden is on the movant 
to establish by clear and convincing evidence relative to a criminal proceeding or by a 
preponderance of the evidence relative to a civil violation or traffic infraction proceeding 
that the person is factually innocent of that crime, civil violation or traffic infraction. If 
the movant satisfies the appropriate burden of proof, the judge or justice must find the 
person factualIy innocent of that crime, civil violation or traffic infraction and issue an 
order certifying this determination. If the movant fails to satisfy the appropriate burden 
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of proof, the judge or justice must deny the motion and issue an order certifying this 
determination. Under either outcome, the order must be in writing and must contain 
findings of fact supporting the judge's or justice's decision granting or denying the 
motion. A copy of that written order must be provided to the person. If the judge or 
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justice grants the motion, the judge or justice must additionally determine what court 
records and related criminal justice records require correction and enter a written order 
specifying the corrections to be made in the court records and the records of each of the 
related criminal justice agencies. 
If, subsequent to granting relief, a judge or justice learns that the motion or 
information submitted in support of the motion may contain material misrepresentation or 
fraud, the judge or justice may, after proper notice, hold a hearing. At the conclusion of 
the hearing, if the judge or justice finds by a preponderance of the evidence the existence 
of material misrepresentation or fraud, the judge or justice may, by written order, vacate 
the earlier order certifying a determination of factual innocence and modify accordingly 
any record correction made earlier. 
The written order must contain findings of fact 
supporting the judge's or justice's decision to vacate or not to vacate. 
If the person or the State is aggrieved by a final judgment, the person or the State 
may appeal to the Law Court. The person's appeal, unlike that of the State, is not of right.