An Act To Ban Racial Profiling
Maine Legislature, Session 124, LD 1442
Committee Amendment CA_A_S265 (Senate)
Amends: 5 MRSA §12004-I, 25 MRSA §3

COMMITTEE AMENDMENT "It, to S.P. 526, L.D. 1442, Bill, "An Act To Ban 
Racial Profiling" 
Amend the bill by striking out the title and substituting the·following: 
'An Act To Create the Advisory Committee on Bias-based Profiling by Law 
Enforcement Officers and Law Enforcement Agencies' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 5 MRSA §12004-I, sub-§74-F is enacted to read: 
74-F. 
Public Safety 
Advisory Committee Not Authorized 
on Bias-based 
Profiling by Law 
Enforcement 
Officers and Law 
Enforcement 
Agencies 
Sec. 2. 25 MRS A c. 355 is enacted to read: 
CHAPTER 355 
MRSA §3 00 1 
ADVISORY COMMITTEE ON BIAS-BASED PROFILING BY LAW 
ENFORCEMENT OFFICERS AND LAW ENFORCEMENT AGENCIES 
Page I - 124LRlS82(02)-1 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT ",4" to S.P. 526, L.D. 1442 
§3001. Advisory Committee on Bias-based Profiling by Law Enforcement Officers 
and Law Enforcement Agencies 
1. Committee established. The Advisory Committee on Bias-based Profiling by 
Law Enforcement Officers and Law Enforcement Agencies, referred to in this chapter as 
"the committee," is established by Title 5, section 12004-1, subsection 74-F to study the 
issue of bias-based profil ing. 
2. Definitions. As used in this chapter, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. 
"Bias-based profiling" means the use by a law enforcement officer or law 
enforcement agency of race, ethnicity, religion or national origin, in the absence of a 
specific repO\i or other identifying information, as a factor in determining the 
existence of probable cause or reasonable suspicion for an arrest, investigative 
detention, field identification or traffic stop. 
B. "Commissioner" means the Commissioner of Public Safety. 
3. Membership. The committee consists of the following members: 
A. The commissioner or the commissioner's designee, who shall act as cochair; 
B. One representative from each of the following law enforcement organizations, 
appointed by the commissioner from a list submitted by the organization to the 
commissioner: 
(1) One representative of a statewide association of chiefs of police; 
(2) One representative of a statewide association of sheriffs; 
(3) One representative of police labor organizations in this State; and 
(4) 
One at-large active line officer who is a member of a police labor 
organization in this State; 
C. One at-large representative who is a current or former officer of the Maine State 
Police, appointed by the commissioner; 
D. The Attorney General or the Attorney General's designee; 
E. One representative appointed by the Board of Trustees of the Maine Criminal 
Justice Academy; 
F. Seven representatives from different civil rights organizations in the State, each 
appointed by the commissioner and selected from a list· submitted by civil rights 
organizations to the commissioner. Of the 7, at least one representative must be 
selected from the list submitted by chapters of the National Association for the 
Advancement of Colored People within the State, and that member shall act as 
cochair; and 
G. 
One representative appointed by the commissioner and selected from lists 
submitted by federally recognized Indian tribes in this State. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" It" to S.P. 526, L.D. 1442 
4. Terms. Members shall serve for 3-year terms. When a vacancy occurs, the 
original appointing authority shall appoint a new member to serve for the remainder of 
the term. 
5. Meetings. The committee may meet as often as necessary. 
6. Compensation. Members of the committee are not entitled to compensation 
according to the provisions in Title 5, section 12004-1, subsection 74-F. 
7. Duties. The committee shall: 
A. Work with the Board of Trustees of the Maine Criminal Justice Academy to 
develop a model policy on bias-based profiling; 
B. 
Work with law enforcement across the State on a voluntary basis to assess 
whether or not bias-based profiling occurs in this State and, If it does, to what extent 
and to offer proposals and make recommendations to address the matter; 
C. Make recommendations to the Board of Trustees of the Maine Criminal Justice 
Academy on curricula for basic and in-service law enforcement training on the 
subject of bias-based profiling; 
D. Establish a mechanism for outreach and public awareness campaigns to educate 
advocacy organizations and the general public about modern law enforcement 
practices and procedures; and 
" 
. 
E. 
Advise the Legislature on matters involving bias-based profiling on its own 
initiative or when requested. 
8. 
Annual report. Beginning in 2010, the committee shall report annually by 
February 15th and as requested 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 Mairie Criminal Justice Academy. The report may serve as a guide for the joint 
standing committee concerning the need for legislation on the issue of bias-based 
profiling. The joint standing committee is authorized to report out relevant legislation 
after receiving the committee's annual report. 
§3002. Advisory Committee on Bias-based Profiling by Law Enforcement Officers 
and Law Enforcement Agencies Fund' 
1. Fund established. The AdvisOlY Committee on Bias-based Profiling by Law' 
Enforcement Officers and Law Enforcement Agencies Fund, referred to in this section as 
"the fund," is established as an Other Special Revenue Funds account and is nonlapsing. 
The commissioner may use the fund only to support the costs associated with committee 
administration and educational and training materials regarding bias-based profiling. 
2. Revenue sources. The commissioner may accept private and public contributions 
intended to be used for the purposes of the fund. 
3. Budget. The commissioner shall submit a budget for the fund for each biennium 
pursuant to Title 5, sections 1663 and 1666. 
§3003. Repeal 
This chapter is repealed November 1, 2012. 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT "/+' to S.P. 526, L.D. 1442 . 
Sec. 3. Appropriations and allocations. 
The following appropriations and 
allocations are made. 
PUBLIC SAFETY, DEPARTMENT OF 
Criminal Justice Academy 0290 
Initiative: Establishes the Advisory Committee on Bias-based Profiling by Law 
Enforcement Officers and Law Enforcement Agencies Fund with a base allocation of 
$500. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
SUMMARY 
2009-10 
$500 
$500 
2010-11 
$500. 
$500 
This amendment is the majority report of the Joint Standing Committee on Criminal 
Justice and Public Safety, and it changes the title and replaces the bill. The amendment 
creates the Advisory Committee on Bias-based Profiling by Law Enforcement Officers 
and Law Enforcement Agencies whose membership includes the Commissioner of Public 
Safety, the Attorney General, representatives of law enforcement groups, representatives 
of civil rights groups and a representative from a federally recognized Indian tribe in the 
State. The duties of the committee include: working with the Board of Trustees of the 
Maine Criminal Justice Academy to develop a model policy on bias-based profiling; 
working with law enforcement across the State on a voluntary basis to assess whether or 
not bias-based profiling occurs in Maine and, if it does, to what extent and making 
recommendations to address the matter; making recommendations to the Board of 
Trustees of the Maine Criminal Justice Academy on curricula for basic and in-service law 
enforcement training on the subject of bias-based profiling; establishing a mechanism for 
outreach and public awareness campaigns to educate advocacy organizations and the 
general public about modern law enforcement practices and procedLlres; and advising the 
Legislature on matters involving bias-based profiling on its own initiative and when 
requested. 
The amendment also specifies that the committee is required to report annually to the 
Joint Standing Committee on Criminal Justice and Public Safety and to the Board of 
Trustees of the Maine Criminal Justice Academy. The Joint Standing Committee on 
Criminal Justice and Public Safety has authority to report out legislation each year upon 
receiving the report. The amendment creates a non lapsing Other Special Revenue Funds 
account for the deposit of funds from outside sources. The Commissioner of Public 
Safety shall administer the fund and may use the fund only to support the administrative 
costs associated with the committee and educational and training materials regarding 
bias-based profiling. 
. COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" j( to S.P. 526, L.D. 1442 
The laws governing the Advisory Committee on Bias-based Profiling by Law 
. Enforcement Officers and Law Enforcement Agencies and its Other Special Revenue 
Funds account are repealed on November 1,2012. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/24/09 Wac. 
LD 1442 
LR 1582(02) 
An Act To Ban Racial Profiling 
Fiscal Note for Bill as Amended by Committee Amendment "h' 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
2009-10 
2010-11 
Projections 
2011-12 
Appropriations/Allocations 
Other Special Revenue Funds 
$500 
$500 
$500 
Fiscal Detail and Notes 
Projections 
2012-13 
$500 
This legislation creates the Advisory Committee on Bias-based Profiling Fund. An Other Special Revenue Funds 
allocation of $500 in fiscal years 2009-10 and 2010-11 has been established. Additional costs to the Department of 
Public Safety associated with providing training to law enforcement officers at the Maine Criminal Justice Academy 
regarding racial profiling can be absorbed within existing budgeted resources. 
The additional costs to the Department of the Attorney General related to the' Advisory Committee on Bias-based 
Profiling can be absorbed utilizing existing budgeted resources. 
LR1582(02) - Fiscal Note - Page 1 of 1 
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