An Act To Make Technical Amendments to the Criminal History Record Information Act and the Intelligence and Investigative Record Information Act and a Related Provision in the Maine Revised Statutes, Title 20-A
Maine Legislature, Session 126, LD 1782
Committee: Criminal Justice and Public Safety
Amends: 16 MRSA §703, 16 MRSA §705, 16 MRSA §804, 16 MRSA §805, 16 MRSA §806, 16 MRSA §807, 16 MRSA §809, 20-A MRSA §6103

Legislative Document 
No. 1782 
S.P. 709 
In Senate, February 18, 2014 
An Act To Make Technical Amendments to the Criminal History 
Record Information Act and the Intelligence and Investigative 
Record Information Act and a Related Provision in the Maine 
Revised Statutes, Title 20-A 
Reported by Senator GERZOFSKY of Cumberland for the Criminal Law Advisory 
Commission pursuant to the Maine Revised Statutes, Title 17-A, chapter 55. 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed pursuant to Joint Rule 218. 
DAREK M. GRANT 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  16 MRSA §703, sub-§2, ¶E, as enacted by PL 2013, c. 267, Pt. A, §2, is 
amended to read: 
E.  Information disclosing that a criminal proceeding has been indefinitely postponed 
for a period of more than one year or dismissed because the person charged is found 
by the court to be mentally incompetent to stand trial or to be sentenced; 
Sec. 2.  16 MRSA §705, sub-§3, as enacted by PL 2013, c. 267, Pt. A, §2, is 
amended to read: 
3.  Required inquiry to State Bureau of Identification.  A Maine criminal justice 
agency, other than a court, shall query the Department of Public Safety, State Bureau of 
Identification before disseminating any confidential criminal history record information 
for a noncriminal justice purpose to ensure that the most up-to-date disposition 
information is being used.  "Noncriminal justice purpose" means a purpose other than for 
the administration of criminal justice or criminal justice agency use employment. 
Sec. 3.  16 MRSA §804, first ¶, as enacted by PL 2013, c. 267, Pt. A, §3, is 
amended to read: 
Except as provided in sections 805 and 806, a record that is or contains intelligence 
and investigative record information is confidential and may not be disseminated by a 
Maine criminal justice agency to any person or public or private entity if there is a 
reasonable possibility that public release or inspection of the record would: 
Sec. 4.  16 MRSA §805, sub-§3, ¶B, as enacted by PL 2013, c. 267, Pt. A, §3, is 
amended to read: 
B.  A court rule or, court order or court decision of this State or of the United States. 
Sec. 5.  16 MRSA §806, sub-§1, as enacted by PL 2013, c. 267, Pt. A, §3, is 
amended to read: 
1.  A government agency responsible for investigating child or adult abuse, 
neglect or exploitation or regulating facilities and programs providing care to 
children or adults.  A government agency or subunit of a government agency in this 
State or another state that pursuant to statute is responsible for investigating abuse, 
neglect or exploitation of children or incapacitated or dependent adults or for licensing or 
regulating the programs or facilities that provide care to children or incapacitated or 
dependent adults if the intelligence and investigative record information is used in 
concerns the investigation of suspected abuse, neglect or exploitation; 
Sec. 6.  16 MRSA §806, sub-§2, as enacted by PL 2013, c. 267, Pt. A, §3, is 
amended to read: 
2.  A crime victim or that victim's agent or attorney.  A crime victim or that 
victim's agent or attorney.  As used in this subsection, "agent" means a licensed 
professional investigator or an immediate family member, foster parent or guardian if due 
to death, age or physical or mental disease, disorder or defect the victim cannot 
realistically act on the victim's own behalf; or 
Sec. 7.  16 MRSA §807, as enacted by PL 2013, c. 267, Pt. A, §3, is amended to 
read: 
§807.  Confirming existence or nonexistence of confidential intelligence and 
investigative record information 
A Maine criminal justice agency may not confirm the existence or nonexistence of 
intelligence and investigative record information confidential under section 804 to any 
person or public or private entity that is not eligible to receive the information itself. 
Sec. 8.  16 MRSA §809, as enacted by PL 2013, c. 267, Pt. A, §3, is amended to 
read: 
§809.  Unlawful dissemination of confidential intelligence and investigative record 
information 
1.  Offense.  A person is guilty of unlawful dissemination of confidential intelligence 
and investigative record information if the person intentionally disseminates intelligence 
and investigative record information confidential under section 804 knowing it to be in 
violation of any of the provisions of this chapter. 
2.  Classification.  Unlawful dissemination of confidential intelligence and 
investigative record information is a Class E crime. 
Sec. 9.  20-A MRSA §6103, sub-§1, as amended by PL 2013, c. 267, Pt. B, §14, 
is further amended to read: 
1.  Criminal history record information obtained; reliance.  The commissioner 
shall obtain criminal history record information containing a record of confidential public 
criminal history record information as defined in Title 16, section 703, subsection 2 8 
from the Maine Criminal Justice Information System for any person applying for 
certification, authorization, approval or renewal.  The commissioner may rely on 
information provided by the Maine Criminal Justice Information System within 24 
months prior to the issuance of a certificate, authorization, approval or renewal. 
SUMMARY 
This bill implements the recommendations of the Criminal Law Advisory 
Commission to make technical amendments to the Criminal History Record Information 
Act and the Intelligence and Investigative Record Information Act enacted by Public Law 
2013, chapter 267.  Specifically, the bill makes changes to the Maine Revised Statutes, 
Title 16 as follows: 
1.  Amends section 703, subsection 2, paragraph E by replacing the phrase 
"indefinitely postponed" with the phrase "postponed for a period of more than one year"; 
2.  Amends section 705, subsection 3 by replacing the incorrect term "use" in the 
final sentence with "employment"; 
3.  Amends section 804 by adding the omitted words "is or" to conform with section 
and includes the inadvertently omitted word "Maine" before the term "criminal 
justice agency"; 
4.  Amends section 805, subsection 3, paragraph B by adding "or court decision" for 
purposes of completeness; 
5.  Amends section 806, subsection 1 by adding government agencies or subunits of 
government agencies in this State or another state that by statute are responsible for 
licensing or regulating the programs or facilities that provide care to children or 
incapacitated or dependent adults and changing the conditions under which intelligence 
and investigative record information may be provided to these agencies and investigatory 
agencies.  The licensing agencies were unintentionally omitted from subsection 1 when it 
replaced former section 614, subsection 3, paragraphs B and B-1; 
6.  Amends section 806, subsection 2 by adding "foster parent or guardian" for 
purposes of completeness; 
7.  Amends section 807 by adding the inadvertently omitted word "Maine" before the 
words "criminal justice agency"; and 
8.  Amends section 809 by adding the inadvertently omitted word "confidential" to 
describe the words "intelligence and investigative record information." 
The bill also makes a correction in Title 20-A.  It amends Title 20-A, section 6103, 
subsection 1 to correct an error made in Public Law 2013, chapter 267 concerning sharing 
criminal history record information with the Department of Education.  The law prior to 
2013 authorized the sharing of conviction data, which was defined to be public 
information.  Chapter 267 inadvertently and incorrectly revised the type of information 
available to confidential criminal history record information.  The bill corrects that error 
by limiting the information to be provided to the Department of Education to public 
criminal history record information and corrects a cross-reference.