An Act To Ban Racial Profiling
Maine Legislature, Session 124, LD 1442
Committee: Criminal Justice and Public Safety
Sponsors: BLISS, SOCTOMAH, ALFOND, BARTLETT, BOWMAN, COURTNEY, CRAVEN, DAMON, GERZOFSKY, GOODALL, JACKSON, MARRACHE, MITCHELL, SCHNEIDER, SULLIVAN, BECK, BERRY, BRIGGS, BRYANT, CAIN, CEBRA, DILL, DRISCOLL, EVES, FLEMINGS, FLOOD, GILBERT, GOODE, HANLEY, HARLOW, HINCK, HUNT, LEGG, LOVEJOY, MAGNAN, MORRISON, PERRY, PILON, PINGREE, PRATT, PRIEST, ROTUNDO, RUSSELL, SANBORN, SCHATZ, SIROIS, STEVENS, STUCKEY, VAN WIE
Amends: 5 MRSA §4552, 5 MRSA §4684-C, 5 MRSA §12004-I, 25 MRSA §3843, 25 MRSA §2803-B, 25 MRSA §2804-C

Legislative Document 
No. 1442 
S.P.526 -
In Senate, April 7,2009 
An Act To Ban Racial Profiling 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Senator BLISS of Cumberland. 
9tg(J~ 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representative SOCTOMAH of the Passamaquoddy Tribe and . 
Senators: ALFOND of Cumberland, BARTLETT of Cumberland, BOWMAN of York, COURTNEY 
of York, CRAVEN of Androscoggin, DAMON of Hancock, GERZOFSKY of Cumberland, 
GOODALL of Sagadahoc, JACKSON of Aroostook, MARRACHE of Kennebec, President 
MITCHELL of Kennebec, SCHNEIDER of Penobscot, SULLIVAN of York, Representatives: BECK 
of Waterville, BERRY of Bowdoinham, BRIGGS of Mexico, BRYANT of Windham, CAIN of Orono, 
CEBRA of Naples, CORNELL du HOUX of Brunswick, DILL of Cape Elizabeth, DRISCOLL of 
Westbrook, EVES of North Berwick, FLEMINGS of Bar Harbor, FLOOD of Winthrop, GILBERT of 
Jay, GOODE of Bangor, HANLEY of Gardiner, HARLOW of Portland, HINCK of Portland, HUNT of 
Buxton~ WALSH INNES of Yarmouth, LEGG of Kennebunk, LOVEJOY of Portland, MacDONALD 
of Boothbay, MAGNAN of Stockton Springs, McCABE of Skowhegan, MITCHELL of the Penobscot 
Nation, MORRISON of South Portland, PERRY of Calais, PILON of Sa co, Speaker PINGREE of 
North Haven, PlOTT! of Unity, PRATT of Eddington, PRIEST of Brunswick, ROTUNDO of 
Lewiston, RUSSELL of Portland, SANBORN of Gorham, SCHATZ of Blue Hill, SIROIS of Tumer, 
STEVENS of Bangor, STUCKEY of Portland, TARDY ofNewpOJi, VAN WIE of New Gloucester. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §4552, as amended by PL 2005, c. 10, §1, is further amended to 
read: 
§4552. Policy 
To protect the public health, safety and welfare, it is declared to be the policy of this 
State to keep continually in review all practices infringing on the basic human right to a 
life with dignity, and the causes of these practices, so that corrective measures may, 
where possible, be promptly recommended and implemented, and to prevent 
discrimination in employment, housing or access to public accommodations on account 
of race, color, sex, sexual orientation, physical or mental disability, religion, ancestry or 
national origin; and in employment, discrimination on account of age or because of the 
previous assertion of a claim or right under former Title 39 or Title 39-A and in housing 
because of familial status; and to prevent discrimination in the extension of credit on 
account of age, race, color, sex, sexual orientation, marital status, religion, ancestry or 
national origin; and to prevent discrimination in education on account of sex, sexual 
orientation or physical or mental disability; and to prevent discrimination by law 
enforcement based on racial profiling. 
Sec. 2. 5 MRS A §4553, sub-§6-B is enacted to read: 
6-B. Law enforcement officer. "Law enforcement officer" means a person who by 
virtue of public employment is vested by law with the power to make arrests for crimes or 
serve criminal process, whether that power extends to all crimes or is limited to specific 
crimes. "Law enforcement officer" does not include federal law enforcement officers or 
attorneys prosecuting for the State. 
Sec. 3. 5 MRSA c. 337, sub-c. 5-C is enacted to read: 
SUBCHAPTER 5-C 
RACIAL PROFILING 
§4605. Right to freedom from racial profiling 
Every individual in this State has a right to be free of racial profiling by law 
enforcement officers on account of race, ethnicity, national origin or religion pursuant to 
Title 25, chapter 409. 
For the purposes of this subchapter, "racial profiling" has the same meaning as in 
Title 25, section 3841, subsection 6. 
§4606. Racial profUing unlawful 
It is unlawful discrimination for a law enforcement officer to use racial profiling by 
relying on race, ethnicity, national origin or religion in selecting which individuals are 
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subject to an investigatory activity as dermed by Title. 25, section 3841, subsection 3 
unless there are other identifying factors when the law enforcement officer is seeking to 
apprehend a specific subject whose race, ethnicity or national origin is part of the 
description of the suspect. 
§4607. Complaint period 
Notwithstanding section 4611, a person who believes that that person has been 
subject to unlawful discrimination by racial profiling, or an employee of the commission, 
may file a complaint under oath with the commission stating the facts concerning the 
alleged discrimination. The complaint must be filed with the commission not more than 
years after the alleged act of unlawful discrimination. 
Sec. 4. 5 MRSA §4684-C is enacted to read: 
§4684-C. Racial profiling 
1. Violation. It is a violation of this section for any law enforcement officer to 
engage in a pattern or practice of racial profiling pursuant to Title 25, chapter 409. 
2. Civil action. The Attorney General may bring a civil action under section 4681 
for injunctive relief or other appropriate relief to remedy a violation of subsection 1. 
Sec. 5. 5 MRSA §12004-I, sub-§74-F is enacted to read:. 
74-F. 
Public Safety 
Advisory Committee Not Authorized 
on Racial Profiling 
MRSA §3843 
Sec. 6. 25 MRSA §2803-B, sub-§l, ~J, as corrected by RR 2003, c. 2, §90, is 
amended to read: 
J. Public notification regarding persons in the community required to register under 
Title 34-A, chapter 15; aBEl 
Sec. 7. 25 MRSA §2803-B, sub-§l, ~ 
as reallocated by RR 2003, c. 2, §91, is 
amended to read: 
K. 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.; and 
Sec. 8. 25 MRSA §2803-B, sub-§l, ~ 
is enacted to read: 
L. Racial profiling. 
Sec. 9. 25 MRSA §2803-B, sub-§2, as repealed and replaced by PL 2005, c. 397, 
Pt. C, § 17, is 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; policies for death investigations 
under subsection 1, paragraph I must be established no later than January 1, 2004; 
policies for public notification regarding persons in the community required to register 
under Title 34-A, chapter 15 under subsection 1, paragraph J must be established no later 
than January 1, 2006; aOO policies for the recording and preservation of interviews of 
suspects in serious crimes under subsection 1, paragraph K must be established no later 
than January 1, 2005; and policies regarding racial profiling under subsection 1, 
paragraph L must be established no later than January 1, 2010. 
Sec. 10. 25 MRSA §2803-B, sub-§3, as repealed and replaced by PL 2005, c. 
331, § 16 and affected by §33, is amended to read: 
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; 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; certification to the board for adoption of a public notification policy 
under subsection 1, paragraph J must be made to the board no later than June 1, 2006; aB:El 
certification to the board for adoption of a policy for the recording and preservation of 
interviews of suspects in serious crimes under subsection 1, paragraph K must be made to 
the board no later than June 1, 2005; and certification to the board for adoption of a 
policy regarding racial profiling under subsection 1, paragraph L must be made to the 
board no later than June 1, 2010. 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 policies, except that certification for orientation and training 
with respect to expanded policies for domestic violence under subsection 1, paragraph D, 
subparagraphs (1) and (3) must be made to the board no later than January 1, 2004; 
certification for orientation and training with respect to policies regarding death 
investigations under subsection 1, paragraph I must be made to the board no later than 
January 1, 2005; certification for orientation and training with respect to policies 
regarding public notification under subsection 1, paragraph J must be made to the board 
no later than January 1,2007; aOO certification for orientation and training with respect to 
policies regarding the recording and preservation of intervi6"tv interviews of suspects in 
serious crimes under subsection 1, paragraph K must be made to the board no later than 
January 1, 2006; and certification with respect to policies regarding racial profiling under 
subsection 1, paragraph L must be made to the board no later than January 1, 2011. 
Sec. 11. 25 MRSA §2804-C, sub-§2-D is enacted to read: 
2-D. Training regarding racial profiling. Beginning January 1, 2010, the Maine 
Criminal Justice Academy shall provide training for municipal, county and state law 
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enforcement officers regarding racial profiling pursuant to section 2803-B, subsection 1, 
paragraph L. Such training must include education concerning the prohibition of racial 
profiling, procedures to implement the prohibition, scenario-based sessions and respectful 
methods of carrying out law enforcement in environments that are diverse with respect to 
race, ethnicity, national origin or religion. 
Sec. 12. 25 MRSA c. 409 is enacted to read: 
CHAPTER 409 
PROHIBITION ON RACIAL PROFILING 
§3841. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. Advisory committee. "Advisory committee" means the Advisory Committee on 
Racial Profiling established in Title 5, section 12004-1, subsection 74-F. 
2. Commissioner. "Commissioner" means the Commissioner of Public Safety. 
3. Investigatory activity. "Investigatory activity" means any field contact, field 
investigation, motor vehicle stop, questioning, frisk, search, arrest or detention conducted 
by a law enforcement officer. 
4. Law enforcement agency. "Law enforcement agency" means any municipal, 
county or state law enforcement agency. 
5. Law enforcement officer or officer. "Law enforcement officer" or "officer" 
means any person who by virtue of public employment is vested by law with the power to 
make arrests for crimes or serve criminal process, whether that power extends to all 
crimes or is limited to specific crimes. "Law enforcement officer" or "officer" does not 
include federal law enforcement officers or attorneys prosecuting for the State. 
6. Racial profiling. "Racial profiling" means the practice of a law enforcement 
officer's relying, to any degree, on race, ethnicity, national origin or religion in selecting 
which individuals to subject to an investigatory activity or in deciding upon the scope and 
substance of law enforcement activity following the initial investigatory activity, except 
that "racial profiling" does not include reliance on such criteria in combination with other 
identifying factors when the law enforcement officer is seeking to apprehend a specific 
subject whose race, ethnicity or national origin is part of the description of the suspect. 
§3842. Prohibition against racial profiling 
A law enforcement officer may not engage in racial profiling. 
§3843. Advisory Committee on Racial Profiling 
1. Establishment. The Advisory Committee on Racial Profiling, established in Title 
5, section 12004-1, subsection 74-F, is created to provide advice to the commissioner on 
issues related to racial profiling and efforts to increase understanding and respect for 
racial, ethnic, national, religious and cultural differences. 
2. Membership. The advisory committee consists of the following members: 
A. The commissioner or the commissioner's designee, who shall act as chair; 
B. At least one and no more than 3 representatives of the Office of the Attorney 
General; 
C. 
Two representatives that are law enforcement officers, appointed by the 
Governor; 
D. 
One representative of the Maine Criminal Justice Academy who oversees 
training, reporting and certification of law enforcement officers in the State, 
appointed by the Governor; 
E. Three representatives of civil rights organizations in the State, appointed by the 
Governor; 
F. 
Two representatives of organizations working with minorities in the State, 
appointed by the Governor; and 
G~ At least one and no more than 2 representatives from federally recognized Indian 
tribes in this State, appointed by the Governor. 
3. Terms. The term of office for members is 3 years. When a vacancy occurs, it 
must be filled by the same appointing authority, and the new member shall serve for the 
remainder of the term. Members who serve on the advisory committee by virtue of their 
offices serve terms coincident with their terms in office. Members may continue to serve 
until their replacements are designated. 
4. Meetings. The advisory committee shall meet at least 4 times per year. 
5. Duties. The advisory committee shall: 
A. Assist the commissioner in developing forms for use by persons wishing to file 
complaints of racial profiling with law enforcement agencies; 
B. Advise the commissioner regarding data collection and analysis; 
C. Advise the commissioner and the Maine Criminal Justice Academy regarding the 
development of criteria pursuant to section 2803-B, subsection 1, paragraph Land 
section 2804-C, subsection 2-D; 
D. Collect research and trend data related to racial profiling or law enforcement in 
diverse communities and keep the commissioner informed of this research; 
E. Provide guidance for outreach and public awareness campaigns to educate the 
public that racial profiling by law enforcement officers is prohibited; and 
F. Advise the commissioner on any other matter involving racial profiling or diverse 
communities when requested. 
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6. Annual report. The advisory committee shall report by January 15th of each year 
to the joint standing committee of the Legislature having jurisdiction over criminal justice 
and public safety matters and to the Board of Trustees of the Maine Criminal Justice 
Academy. The report may include recommendations for changes to laws regarding racial 
profiling. After receipt and review of the annual report required under this subsection, 
the joint standing committee of the Legislature having jurisdiction over criminal justice 
and public safety matters may submit legislation relating to racial profiling. By January 
15, 2011, the advisory committee report must include recommendations on the need for, 
and methods of, collecting data relating to racial profiling. 
. Sec. 13. Staggered terms. Notwithstanding the Maine Revised Statutes, Title 25, 
section 3843, subsection 3, the Governor shall appoint one representative of a civil rights 
organization and one representative of law enforcement officers to initial one-year terms, 
and one representative of organizations working with minorities, one representative of 
law enforcement officers and the representative of a federally recognized Indian tribe in 
the State to initial 2-year terms. 
The remaining representatives appointed by the 
Governor must be appointed to initial 3-year terms. 
SUMMARY 
This bill prohibits law enforcement officers from using racial profiling. This bill also 
adds a prohibition on racial profiling by law enforcement officers to the Maine Civil 
Rights Act and the Maine Human Rights Act. 
It requires the Board of Trustees of the Maine Criminal Justice Academy to develop 
mandatory law enforcement agency minimum policy standards regarding racial profiling, 
and all law enforcement agencies to adopt policies and provide all officers with training 
regarding racial profiling. It also establishes the Advisory Committee on Racial Profiling 
to provide research and advice to the Commissioner of Public Safety and report annually 
to the j oint standing committee of the Legislature having jurisdiction over criminal justice 
and public safety matters regarding racial profiling.