An Act To Establish the Independent Review Board for Police Involved in Fatal Shootings
Maine Legislature, Session 124, LD 1066
Committee: Criminal Justice and Public Safety
Sponsors: PILON, BLISS, HILL, KAENRATH, LEWIN, MILLER, PINGREE, WEBSTER, WHEELER, ALFOND, BARTLETT, GERZOFSKY, MARRACHE, SIMPSON, TRAHAN
Amends: 5 MRSA §12004-G, 25 MRSA §3831

MAINE STATE LEGISLATURE 
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124th MAl E LEGISLATURE 
Legislative Document 
No. 1066 
H.P.733 
House of Representatives, March 17,2009 
. An Act To Establish the Independent Review Board for Police 
Involved in Fatal Shootings 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative PILON of Saco .. 
Cosponsored by Senator BLISS of Cumberland and 
71~d:: 1J1.1J?ILC~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: HILL of York, KAENRATH of South POliland, LEWIN of Eliot, MILLER of 
Somerville, Speaker PINGREE of North Haven, WEBSTER of Freeport, WHEELER of 
Kittery, Senators: ALFOND of Cumberland, BARTLETT of Cumberland, GERZOFSKY of 
Cumberland, MARRACHE of Kennebec, SIMPSON of Androscoggin, TRAHAN of Lincoln. 
Printed on recycled papt:r 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §12004-G, sub.;.§30-D is enacted to read: 
30-D. 
Public Safety 
Independent Review Not Authorized 
Board for Police 
Involved in Fatal 
Shootings 
Sec. 2. 25 MRSA c. 409 is enacted to read: 
" 
CHAPTER 409 
USE OF DEADLY FORCE 
MRSA §3831 
§3831. Independent Review Board for Police Involved in Fatal Shootings 
'The Independent Review Board for Police Involved in Fatal Shootings, referred to in 
this chapter as "the board," is established. 
1. Members. The board consists of 7 members, appointed by the Governor as 
follows: 
A. One member of the clergy; 
B. One retired lawyer who'practiced in the field of criminal law; 
C. One professional in the' field ofhumim behavior; 
D. One professional in the field of mental health; 
E. Two law enforcement officials, one who works in the field of law enforcement 
and one who is retired; and 
F. One public member who has never been a sworn member of a law enforcement 
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agency or employed as a corrections officer. In appointing the public l11ember, the 
Governor shall consider appointing a member from a minority community or the low-
income community or a representative of a statewide organization that advocate~ OIl 
behalf of women. 
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Members serve 2-year terms and may not serve l110rethan 4'consecutive 'em1S. 
2. Review.' The board shall conduct a review of an incident involving the use of,' 
firearm by a' law enforcement or corrections officer that results in the death~ of anoih~T 
person for the purpose of determining: 
A. The facts of the incident; 
B. 
Whether relevant policy was clearly understandable and effective for the 
particular circumstances; 
C. Whether compliance with relevant policy occurred; 
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D. Whether the relevant current training curriculum was sufficient and effective for. 
the particular circumstances: 
E. Whether changes in the relevant curi'ent policy, practice, procedures or training 
are recommended; 
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F. Whether any remedial action should be recommended; and 
G. Whether any recommendation other than those under paragraphs E and F should 
be made.· 
3. Access to records; deliberations not public proceedings. The board is granted 
access to the records and findings of the Attorney General, the records and fIndings of 
'any internal or administrative investigation undertaken by the department employing the 
law enforcement or corrections officer whose actions are under review, the records and 
findings of the Board of Trustees of the Maine Criminal Justice Academy if action was 
contemplated or taken pursuant to section 2806 and personnel records maintained by the 
department employing or any department that previously employed the law enforcement 
or corrections officer whose actions are under review. To the extent the board determines 
it relevant, the board must also be granted access to similar records relating to prior 
. incidents of the use of force that have been investigated by the Attorney General. The· 
grant of access to the records or findings described in this subsection does not constitute a 
public right to access that does not otherwise exist. The review and deliberations of the 
board do not constitute public proceedings as defIned in Title 1, section 402, subsection 
. 2. 
4. Public report. The board, at the conclusion of its review and deliberations, shall 
isslie a public report stating its determinations' with respect to each of the· factors 
identified in" subsection 2. Prior to the board releasing its public report, the board or a 
representative of the board may meet with the chief of the law enforcement agency whose 
officer was involved in the incident under review or the Commissioner of Public Safety 
or any other commissioner in the Executive Department to discuss the board's findings. 
The board also shall report to the joint standing committee of the Legislature having 
jurisdiction over public safety matters and to the law enforcement agency involved in the 
incident under review. 
5. Admissibility of public report in subsequent proceedings. The public report 
issued pursuant to subsection 4 is not admissible in any litigation arising out of the 
incident. The testimony of board members on the subjects covered by this report are not 
discoverable or admissible in any subsequent proceeding, nor may the members of the 
board be subject to subpoena for trial or deposition with respect to the subjects covered 
by the repOli, except to the extent that a party seeking· such testimony can show that a 
member of the board possesses firsthand knowledge with respect to factual issues that is 
not available from any other -source. The opinions and conclusions of the board or of 
individual board members are not discoverable or admissible under any Circumstances. 
6. 
Unlawful dissemination. 
A person is guilty of unlawful dissemination of 
infonnation relating to the board if that person knowingly disseminates confIdential 
infonnation in violation of this section. Unlawful dissemination of infonmition relating. 
to the board is a Class E crime. 
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SUMMARY 
This bill establishes the Independent Review Board for Police Involved in Fatal 
Shootings to review an incident involving the use of a firearm by a law enforcement or 
corrections officer that results in the death of another person. At the conclusion of its 
review, the board is required to issue a public report and report to the joint standing 
committee of the Legislature having jurisdiction over public safety matters and to the law 
enforcement agency involved in the incident under review. 
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