An Act Regarding the Disclosure of Certain Records in Criminal Matters
Maine Legislature, Session 126, LD 0900
Committee: State and Local Government
Sponsors: DION, KATZ, PLANTE
Amends: 5 MRSA §7070, 30-A MRSA §503, 30-A MRSA §2702

Legislative Document 
No. 900 
H.P. 623 
House of Representatives, March 7, 2013 
An Act Regarding the Disclosure of Certain Records in Criminal 
Matters 
Submitted by the Department of the Attorney General pursuant to Joint Rule 204. 
Reference to the Committee on State and Local Government suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative DION of Portland. 
Cosponsored by Senator KATZ of Kennebec and 
Representative: PLANTE of Berwick. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §7070, sub-§5 is enacted to read: 
5.  Constitutional obligations of a prosecutor.  Notwithstanding this section or any 
other provision of law, this section does not preclude the disclosure of confidential 
personnel records and the information contained in those records to the Attorney General, 
a deputy attorney general, an assistant attorney general, a district attorney, a deputy 
district attorney, an assistant district attorney or the equivalent departments or offices in a 
federal jurisdiction that are related to the determination of and compliance with the 
constitutional obligations of the State or the United States to provide discovery to a 
defendant in a criminal matter.  A person or entity participating in good faith disclosure 
under this subsection or participating in a related proceeding is immune from criminal 
and civil liability for the act of disclosure or for participating in the proceeding. 
Sec. 2.  30-A MRSA §503, sub-§3 is enacted to read: 
3.  Constitutional obligations of a prosecutor.  Notwithstanding this section or any 
other provision of law, this section does not preclude the disclosure of confidential 
personnel records and the information contained in those records to the Attorney General, 
a deputy attorney general, an assistant attorney general, a district attorney, a deputy 
district attorney, an assistant district attorney or the equivalent departments or offices in a 
federal jurisdiction that are related to the determination of and compliance with the 
constitutional obligations of the State or the United States to provide discovery to a 
defendant in a criminal matter.  A person or entity participating in good faith disclosure 
under this subsection or participating in a related proceeding is immune from criminal 
and civil liability for the act of disclosure or for participating in the proceeding. 
Sec. 3.  30-A MRSA §2702, sub-§3 is enacted to read: 
3.  Constitutional obligations of a prosecutor.  Notwithstanding this section or any 
other provision of law, this section does not preclude the disclosure of confidential 
personnel records and the information contained in those records to the Attorney General, 
a deputy attorney general, an assistant attorney general, a district attorney, a deputy 
district attorney, an assistant district attorney or the equivalent departments or offices in a 
federal jurisdiction that are related to the determination of and compliance with the 
constitutional obligations of the State or the United States to provide discovery to a 
defendant in a criminal matter.  A person or entity participating in good faith disclosure 
under this subsection or participating in a related proceeding is immune from criminal 
and civil liability for the act of disclosure or for participating in the proceeding. 
SUMMARY 
This bill allows state, county and municipal government employers to disclose 
otherwise confidential personnel records to prosecutors when it is necessary for the 
determination of whether or not a defendant has a constitutional right to any of the 
information in the records, in accordance with Brady v. Maryland, 373 U.S. 83 (1963) 
and Giglio v. United States, 405 U.S. 150 (1972). 
The bill also permits state, county and municipal employees to disclose personnel 
records at the request of prosecutors in support of the prosecutors' efforts to comply with 
their constitutional duties.