An Act To Revise the Laws Concerning Criminal History Record Information and Intelligence and Investigative Information
Maine Legislature, Session 126, LD 1493
Committee: Criminal Justice and Public Safety
Amends: 1 MRSA §402, 5 MRSA §19506, 9-A MRSA §13, 10 MRSA §8003-B, 15 MRSA §709, 15 MRSA §3308, 16 MRSA §632, 17 MRSA §1023, 18-A MRSA §9, 20-A MRSA §6103, 22 MRSA §3022, 22 MRSA §3480, 22 MRSA §4007, 22 MRSA §4021, 22 MRSA §4038-E, 25 MRSA §1541, 29-A MRSA §2117-A, 32 MRSA §85, 34-A MRSA §1001, 34-A MRSA §1216, 34-A MRSA §11221, 34-A MRSA §11281, 7 MRSA §3909, 15 MRSA §3308-A

Legislative Document 
No. 1493 
H.P. 1070 
House of Representatives, May 2, 2013 
An Act To Revise the Laws Concerning Criminal History Record 
Information and Intelligence and Investigative Information 
Reported by Representative DION of Portland for the Criminal Law Advisory Commission 
pursuant to the Maine Revised Statutes, Title 17-A, section 1354, subsection 2. 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed pursuant to Joint Rule 218. 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-1.  16 MRSA c. 3, sub-c. 8, as amended, is repealed. 
Sec. A-2.  16 MRSA c. 7 is enacted to read: 
CHAPTER 7 
CRIMINAL HISTORY RECORD INFORMATION ACT 
§701.  Short title 
This chapter may be known and cited as "the Criminal History Record Information 
Act." 
§702.  Scope; application 
This chapter governs the dissemination of criminal history record information by a 
Maine criminal justice agency.  This chapter establishes 2 distinct categories of criminal 
history record information and provides for the dissemination of each: 
1.  Public criminal history record information.  Public criminal history record 
information, the dissemination of which is governed by section 704; and 
2.  Confidential criminal history record information.  Confidential criminal 
history record information, the dissemination of which is governed by section 705. 
§703.  Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1.  Administration of criminal justice.  "Administration of criminal justice" means 
activities relating to the apprehension or summonsing, detention, pretrial release, 
post-trial release, prosecution, adjudication, sentencing, correctional custody and 
supervision or rehabilitation of accused persons or convicted criminal offenders. 
"Administration of criminal justice" includes the collection, storage and dissemination of 
criminal history record information. 
2.  Confidential criminal history record information.  "Confidential criminal 
history record information" means criminal history record information of the following 
types: 
A.  Unless the person remains a fugitive from justice, summons and arrest 
information without disposition if an interval of more than one year has elapsed since 
the date the person was summonsed or arrested and no active prosecution of a 
criminal charge stemming from the summons or arrest is pending; 
B.  Information disclosing that the responsible law enforcement agency or officer has 
elected not to refer a matter to a prosecutor; 
C.  Information disclosing that the responsible prosecutorial office or prosecutor has 
elected not to initiate or approve criminal proceedings; 
D.  Information disclosing that a grand jury has determined that there is insufficient 
evidence to warrant the return of a formal charge; 
E.  Information disclosing that a criminal proceeding has been indefinitely postponed 
or dismissed because the person charged is found by the court to be mentally 
incompetent to stand trial or to be sentenced; 
F.  Information disclosing that a criminal charge has been filed, if the filing period is 
indefinite or for more than one year; 
G.  Information disclosing that a criminal charge has been dismissed by a court with 
prejudice or dismissed with finality by a prosecutor other than as part of a plea 
agreement; 
H.  Information disclosing that a person has been acquitted of a criminal charge.  A 
verdict or accepted plea of not criminally responsible by reason of insanity, or its 
equivalent, is not an acquittal of the criminal charge; 
I.  Information disclosing that a criminal proceeding has terminated in a mistrial with 
prejudice; 
J.  Information disclosing that a criminal proceeding has terminated based on lack of 
subject matter jurisdiction; 
K.  Information disclosing that a criminal proceeding has been terminated because the 
court lacked jurisdiction over the defendant; and 
L.  Information disclosing that a person has been granted a full and free pardon or 
amnesty. 
3.  Criminal history record information.  "Criminal history record information" 
means information of record collected by a criminal justice agency or at the direction of a 
criminal justice agency or kept in the custody of a criminal justice agency that connects a 
specific, identifiable person, including a juvenile treated by statute as an adult for 
criminal prosecution purposes, with formal involvement in the criminal justice system 
either as an accused or as a convicted criminal offender.  "Criminal history record 
information" includes, but is not limited to, identifiable descriptions or notations of: 
summonses and arrests; detention; bail; formal criminal charges such as complaints, 
informations and indictments; any disposition stemming from such charges; post-plea or 
post-adjudication sentencing; involuntary commitment; execution of and completion of 
any sentencing alternatives imposed; release and discharge from involuntary 
commitment; any related pretrial and post-trial appeals, collateral attacks and petitions; 
and petitions for and warrants of pardons, commutations, reprieves and amnesties. 
"Criminal history record information" does not include: identification information such as 
fingerprints, palmprints, footprints or photographic records to the extent that the 
information does not indicate formal involvement of the specific individual in the 
criminal justice system; information of record of civil proceedings, including traffic 
infractions and other civil violations; intelligence and investigative record information as 
defined in section 803; or information of record of juvenile crime proceedings or their 
equivalent.  Specific information regarding a juvenile crime proceeding is not criminal 
history record information notwithstanding that a juvenile has been bound over and 
treated as an adult or that by statute specific information regarding a juvenile crime 
proceeding is usable in a subsequent adult criminal proceeding.  "Formal involvement in 
the criminal justice system either as an accused or as a convicted criminal offender" 
means being within the jurisdiction of the criminal justice system commencing with 
arrest, summons or initiation of formal criminal charges and concluding with the 
completion of every sentencing alternative imposed as punishment or final discharge 
from an involuntary commitment based upon a finding of not criminally responsible by 
reason of insanity or its equivalent. 
4.  Criminal justice agency.  "Criminal justice agency" means a federal, state or 
governmental level that performs the administration of criminal justice pursuant to a 
statute or executive order. "Criminal justice agency" includes federal courts, Maine 
courts, courts in any other state, the Department of the Attorney General, district 
attorneys' offices and the equivalent departments or offices in any federal or state 
jurisdiction.  "Criminal justice agency" also includes any equivalent agency at any level 
of Canadian government and the government of any federally recognized Indian tribe. 
5.  Disposition.  "Disposition" means information of record disclosing that a criminal 
proceeding has been concluded, although not necessarily finalized, and the specific nature 
of the concluding event.  "Disposition" includes, but is not limited to: an acquittal; a 
dismissal, with or without prejudice; the filing of a charge by agreement of the parties or 
by a court; the determination that a defendant is currently a fugitive from justice; a 
conviction, including the acceptance by a court of a plea of guilty or nolo contendere; a 
deferred disposition; a proceeding indefinitely continued or dismissed due to a 
defendant's incompetence; a finding of not criminally responsible by reason of insanity or 
its equivalent; a mistrial, with or without prejudice; a new trial ordered; an arrest of 
judgment; a sentence imposition; a resentencing ordered; an execution of and completion 
of any sentence alternatives imposed, including but not limited to fines, restitution, 
correctional custody and supervision, and administrative release; a release or discharge 
from a commitment based upon a finding of not criminally responsible by reason of 
insanity or its equivalent; the death of the defendant; any related pretrial and post-trial 
appeals, collateral attacks and petitions; a pardon, commutation, reprieve or amnesty; and 
extradition.  "Disposition" also includes information of record disclosing that the 
responsible law enforcement agency or officer has elected not to refer a matter to a 
prosecutor, that the responsible prosecutorial office or prosecutor has elected not to 
initiate or approve criminal proceedings or that a grand jury has determined that there is 
insufficient evidence to warrant the return of a formal charge. 
6.  Dissemination.  "Dissemination" means the transmission of information by any 
means, including but not limited to orally, in writing or electronically, by or to anyone 
outside the criminal justice agency that maintains the information. 
7.  Executive order.  "Executive order" means an order of the President of the United 
States or the chief executive of a state that has the force of law and that is published in a 
manner permitting regular public access. 
8.  Public criminal history record information.  "Public criminal history record 
information" means criminal history record information that is not confidential criminal 
history record information, including information recorded pursuant to section 706. 
9.  State.  "State" means any state of the United States, the District of Columbia, the 
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the 
United States Virgin Islands, Guam and American Samoa.  "State" also includes the 
federal government of Canada and any provincial government of Canada and the 
government of any federally recognized Indian tribe. 
10.  Statute.  "Statute" means an Act of Congress or an act of a state legislature or a 
provision of the Constitution of the United States or the constitution of a state. 
§704.  Dissemination of public criminal history record information 
1.  Generally.  Public criminal history record information is public for purposes of 
Title 1, chapter 13.  Public criminal history record information may be disseminated by a 
Maine criminal justice agency to any person or public or private entity for any purpose.  
Public criminal history record information is public whether it relates to a crime for 
which a person is currently within the jurisdiction of the criminal justice system or it 
relates to a crime for which a person is no longer within that jurisdiction.  There is no 
time limitation on dissemination of public criminal history record information. 
2.  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 public 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 employment. 
§705.  Dissemination of confidential criminal history record information 
1.  Generally.  A Maine criminal justice agency, whether directly or through any 
intermediary, may disseminate confidential criminal history record information only to: 
A.  Other criminal justice agencies for the purpose of the administration of criminal 
justice and criminal justice agency employment; 
B.  Any person for any purpose when expressly authorized by a statute, executive 
order, court rule, court decision or court order containing language specifically 
referring to confidential criminal history record information or one or more of the 
types of confidential criminal history record information; 
C.  Any person with a specific agreement with a criminal justice agency to provide 
services required for the administration of criminal justice or to conduct 
investigations determining the employment suitability of prospective law 
enforcement officers. The agreement must specifically authorize access to data, limit 
the use of the data to purposes for which given, ensure security and confidentiality of 
the data consistent with this chapter and provide sanctions for any violations; 
D.  Any person for the express purpose of research, evaluation or statistical purposes 
or under an agreement with the criminal justice agency. The agreement must 
specifically authorize access to confidential criminal history record information, limit 
the use of the information to research, evaluation or statistical purposes, ensure the 
confidentiality and security of the information consistent with this chapter and 
provide sanctions for any violations; 
E.  Any person who makes a specific inquiry to the criminal justice agency as to 
whether a named individual was summonsed, arrested or detained or had formal 
criminal charges initiated on a specific date; 
F.  The public for the purpose of announcing the fact of a specific disposition that is 
confidential criminal history record information, other than that described in section 
703, subsection 2, paragraph A, within 30 days of the date of occurrence of that 
disposition or at any point in time if the person to whom the disposition relates 
specifically authorizes that it be made public; and 
G.  A public entity for purposes of international travel, such as issuing visas and 
granting of citizenship. 
2.  Confirming existence or nonexistence of information.  A Maine criminal justice 
agency may not confirm the existence or nonexistence of confidential criminal history 
record information to any person or public or private entity that would not be eligible to 
receive the information itself. 
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. 
§706.  Public information about persons detained following arrest 
1.  Requirement of record.  A Maine criminal justice agency that maintains a 
holding facility, as defined in Title 34-A, section 1001, subsection 9, or other facility for 
pretrial detention shall record the following information concerning each person delivered 
to it for pretrial detention for any period of time: 
A.  The identity of the arrested person, including the person's name, year of birth, 
residence and occupation, if any; 
B.  The statutory or customary description of the crime or crimes for which the 
person was arrested including the date and geographic location where the crime is 
alleged to have occurred; 
C.  The date, time and place of the arrest; and 
D.  The circumstances of the arrest including, when applicable, the physical force 
used in making the arrest, the resistance made to the arrest, what weapons were 
involved, the arrested person's refusal to submit and the pursuit by the arresting 
officers. 
2.  Time and method of recording.  A Maine criminal justice agency shall record 
the information under subsection 1 immediately upon delivery of an arrested person to 
the criminal justice agency for detention.  The criminal justice agency shall record and 
maintain the information in chronological order and keep the information in a suitable, 
permanent record. The information required by this section may be combined by a sheriff 
with the record required by Title 30-A, section 1505. 
3.  Information public.  The information required to be recorded and maintained by 
this section is public criminal history record information. 
§707.  Unlawful dissemination of confidential criminal history record information 
1.  Offense.  A person is guilty of unlawful dissemination of confidential criminal 
history record information if the person intentionally disseminates confidential criminal 
history record information knowing it to be in violation of any of the provisions of this 
chapter. 
2.  Classification.  Unlawful dissemination of confidential criminal history record 
information is a Class E crime. 
§708.  Inapplicability of this chapter to criminal history record information 
contained in certain records 
This chapter does not apply to criminal history record information contained in: 
1.  Posters, announcements, lists.  Posters, announcements or lists used for 
identifying or apprehending fugitives from justice or wanted persons; 
2.  Records of entry.  Records of entry, such as calls for service, formerly known as 
"police blotters," that are maintained by criminal justice agencies, that are compiled and 
organized chronologically and that are required by law or long-standing custom to be 
made public; 
3.  Records of public judicial proceedings.  Records of public judicial proceedings: 
A.  Retained at and by the District Court, Superior Court or Supreme Judicial Court.  
Public access to and dissemination of such records for inspection and copying are as 
provided by rule or administrative order of the Supreme Judicial Court; and 
B.  From federal courts and courts of other states; 
4.  Published opinions.  Published court or administrative opinions not impounded 
or otherwise declared confidential; 
5.  Records of public proceedings.  Records of public administrative or legislative 
proceedings; 
6.  Records of traffic crimes.  Records of traffic crimes maintained by the Secretary 
of State or by a state department of transportation or motor vehicles or the equivalent 
thereof for the purposes of regulating the issuance, suspension, revocation or renewal of a 
driver's, pilot's or other operator's license; and  
7.  Pardons, commutations, reprieves and amnesties.  Petitions for and warrants of 
pardons, commutations, reprieves and amnesties. 
§709.  Right to access and review 
1.  Inspection.  If a Maine criminal justice agency maintains criminal history record 
information about a person, the person or the person's attorney may inspect the criminal 
history record information.  A criminal justice agency may prescribe reasonable hours 
and locations at which the right may be exercised and any additional restrictions, 
including satisfactory verification of identity by fingerprint comparison, as are reasonably 
necessary to ensure the security and confidentiality of the criminal history record 
information and to verify the identity of the person seeking to inspect that information. 
The criminal justice agency shall supply the person or the person's attorney with a copy 
of the criminal history record information pertaining to the person on request and 
payment of a reasonable fee. 
2.  Review.  A person or the person's attorney may request amendment or correction 
of criminal history record information concerning the person by addressing, either in 
person or in writing, the request to the criminal justice agency in which the information is 
maintained. The request must indicate the particular record involved, the nature of the 
amendment or correction sought and the justification for the amendment or correction. 
On receipt of a request, the criminal justice agency shall take necessary steps to 
determine whether the questioned criminal history record information is accurate and 
complete. If investigation reveals that the questioned criminal history record information 
is inaccurate or incomplete, the criminal justice agency shall immediately correct the 
error or deficiency. 
Not later than 15 days, excluding Saturdays, Sundays and legal public holidays, after the 
receipt of a request, the criminal justice agency shall notify the requesting person in 
writing either that the criminal justice agency has corrected the error or deficiency or that 
it refuses to make the requested amendment or correction. The notice of refusal must 
include the reasons for the refusal, the procedure established by the criminal justice 
agency for requesting a review by the head of the criminal justice agency of that refusal 
and the name and business address of that official. 
3.  Administrative appeal.  If there is a request for review, the head of the criminal 
justice agency shall, not later than 30 days from the date of the request, excluding 
Saturdays, Sundays and legal public holidays, complete the review and either make the 
requested amendment or correction or refuse to do so. If the head of the criminal justice 
agency refuses to make the requested amendment or correction, the head of the criminal 
justice agency shall permit the requesting person to file with the criminal justice agency a 
concise statement setting forth the reasons for the disagreement with the refusal. The head 
of the criminal justice agency shall also notify the person of the provisions for judicial 
review of the reviewing official's determination under subsection 4. 
Disputed criminal history record information disseminated by the criminal justice agency 
with which the requesting person has filed a statement of disagreement must clearly 
reflect notice of the dispute after the filing of such a statement. A copy of the statement 
must be included, along with, if the criminal justice agency determines it appropriate, a 
copy of a concise statement of the criminal justice agency's reasons for not making the 
amendment or correction requested. 
4.  Judicial review.  If an administrative appeal brought pursuant to subsection 3 is 
denied by the head of the criminal justice agency, or the requesting person believes the 
decision of the head of the criminal justice agency to be otherwise unsatisfactory, the 
person may, within 30 days of the decision rendered by the head of the criminal justice 
agency, appeal to the Superior Court in accordance with Title 5, chapter 375, subchapter 
and the Maine Rules of Civil Procedure, Rule 80C. 
5.  Notification.  When a criminal justice agency has amended or corrected a person's 
criminal history record information in response to a written request as provided in 
subsection 2 or a court order, the criminal justice agency shall, within 30 days thereof, 
advise all prior recipients who have received that information within the year prior to the 
amendment or correction that the amendment or correction has been made. The criminal 
justice agency shall also notify the person who is the subject of the amended or corrected 
criminal history record information of compliance with this subsection and the prior 
recipients notified. 
6.  Right of release.  The provisions of this chapter do not limit the right of a person 
to disseminate criminal history record information pertaining to that person to any other 
person. 
§710.  Application to prior Maine criminal history record information 
The provisions of this chapter apply to criminal history record information in 
existence before July 29, 1976, including that which has been previously expunged under 
any other provision of Maine law, as well as to criminal history record information in 
existence on July 29, 1976 and thereafter. 
Sec. A-3.  16 MRSA c. 9 is enacted to read: 
CHAPTER 9 
INTELLIGENCE AND INVESTIGATIVE RECORD INFORMATION ACT 
§801.  Short title 
This chapter may be known and cited as "the Intelligence and Investigative Record 
Information Act." 
§802.  Application 
This chapter applies to a record that is or contains intelligence and investigative 
record information and that is collected by or prepared at the direction of or kept in the 
custody of any Maine criminal justice agency. 
§803.  Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1.  Administration of civil justice.  "Administration of civil justice" means activities 
relating to the anticipation, prevention, detection, monitoring or investigation of known, 
suspected or possible civil violations and prospective and pending civil actions.  It 
includes the collection, storage and dissemination of intelligence and investigative record 
information relating to the administration of civil justice.  "Administration of civil 
justice" does not include known, suspected or possible traffic infractions. 
2.  Administration of criminal justice.  "Administration of criminal justice" means 
activities relating to the anticipation, prevention, detection, monitoring or investigation of 
known, suspected or possible crimes.  It includes the collection, storage and 
dissemination of intelligence and investigative record information relating to the 
administration of criminal justice. 
3.  Administration of juvenile justice.  "Administration of juvenile justice" means 
activities relating to the anticipation, prevention, detection, monitoring or investigation of 
known, suspected or possible juvenile crimes.  "Administration of juvenile justice" 
includes the collection, storage and dissemination of intelligence and investigative 
information relating to the administration of juvenile justice. 
4.  Criminal justice agency.  "Criminal justice agency" means a federal, state or 
governmental level that performs the administration of criminal justice pursuant to a 
statute or executive order. "Criminal justice agency" includes the Department of the 
Attorney General, district attorneys' offices and the equivalent departments or offices in 
any federal or state jurisdiction.  "Criminal justice agency" also includes any equivalent 
agency at any level of Canadian government and the government of any federally 
recognized Indian tribe. 
5.  Dissemination.  "Dissemination" means the transmission of information by any 
means, including but not limited to orally, in writing or electronically, by or to anyone 
outside the criminal justice agency that maintains the information. 
6.  Executive order.  "Executive order" means an order of the President of the United 
States or the chief executive of a state that has the force of law and that is published in a 
manner permitting regular public access. 
7.  Intelligence and investigative record information.  "Intelligence and 
investigative record information" means information of record collected by or prepared 
by or at the direction of a criminal justice agency or kept in the custody of a criminal 
justice agency while performing the administration of criminal justice or, exclusively for 
the Department of the Attorney General and district attorneys' offices, the administration 
of civil justice.  "Intelligence and investigative record information" includes information 
of record concerning investigative techniques and procedures and security plans and 
procedures prepared or collected by a criminal justice agency or other agency.  
"Intelligence and investigative record information" does not include criminal history 
record information as defined in section 703, subsection 3 and does not include 
information of record collected or kept while performing the administration of juvenile 
justice. 
8.  State.  "State" means any state of the United States, the District of Columbia, the 
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the 
United States Virgin Islands, Guam and American Samoa.  "State" also includes the 
federal government of Canada and any provincial government of Canada and the 
government of any federally recognized Indian tribe. 
9.  Statute.  "Statute" means an Act of Congress or an act of a state legislature or a 
provision of the Constitution of the United States or the constitution of a state. 
§804.  Limitation on dissemination of intelligence and investigative record 
information 
Except as provided in sections 805 and 806, a record that contains intelligence and 
investigative record information is confidential and may not be disseminated by a 
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: 
1.  Interfere with criminal law enforcement proceedings.  Interfere with law 
enforcement proceedings relating to crimes; 
2.  Result in dissemination of prejudicial information.  Result in public 
dissemination of prejudicial information concerning an accused person or concerning the 
prosecution's evidence that will interfere with the ability of a court to impanel an 
impartial jury; 
3.  Constitute an invasion of privacy.  Constitute an unwarranted invasion of 
personal privacy; 
4.  Disclose confidential source.  Disclose the identity of a confidential source; 
5.  Disclose confidential information.  Disclose confidential information furnished 
only by a confidential source; 
6.  Disclose trade secrets or other confidential commercial or financial 
information.  Disclose trade secrets or other confidential commercial or financial 
information designated as such by the owner or source of the information, by the 
Department of the Attorney General or by a district attorney's office; 
7.  Disclose investigative techniques or security plans.  Disclose investigative 
techniques and procedures or security plans and procedures not known by the general 
public; 
8.  Endanger law enforcement or others.  Endanger the life or physical safety of 
any individual, including law enforcement personnel; 
9.  Disclose statutorily designated confidential information.  Disclose information 
designated confidential by statute; 
10.  Interfere with civil proceedings.  Interfere with proceedings relating to civil 
violations, civil enforcement proceedings and other civil proceedings conducted by the 
Department of the Attorney General or by a district attorney's office; 
11.  Disclose arbitration or mediation information.  Disclose conduct of or 
statements made or documents submitted by any person in the course of any mediation or 
arbitration conducted under the auspices of the Department of the Attorney General; or 
12.  Identify source of consumer or antitrust complaints.  Identify the source of a 
complaint made to the Department of the Attorney General regarding a violation of 
consumer or antitrust laws. 
§805.  Exceptions 
This chapter does not preclude dissemination of intelligence and investigative record 
information that is confidential under section 804 by a Maine criminal justice agency to: 
1.  Another criminal justice agency.  Another criminal justice agency; 
2.  A person or entity for purposes of intelligence gathering or ongoing 
investigation.  A person or public or private entity as part of the criminal justice agency's 
administration of criminal justice or the administration of civil justice by the Department 
of the Attorney General or a district attorney's office; 
3.  An accused person or that person's agent or attorney.  A person accused of a 
crime or that person's agent or attorney for trial and sentencing purposes if authorized by: 
A.  The responsible prosecutorial office or prosecutor; or 
B.  A court rule or court order of this State or of the United States. 
As used in this subsection, "agent" means a licensed professional investigator, an expert 
witness or a parent, foster parent or guardian if the accused person has not attained 18 
years of age; 
4.  Court.  A federal court, the District Court, Superior Court or Supreme Judicial 
Court or an equivalent court in another state; or 
5.  An authorized person or entity.  A person or public or private entity expressly 
authorized to receive the intelligence and investigative record information by statute, 
executive order, court rule, court decision or court order.  "Express authorization" means 
language in the statute, executive order, court rule, court decision or court order that 
specifically speaks of intelligence and investigative record information or specifically 
refers to a type of intelligence or investigative record. 
§806.  Exceptions subject to reasonable limitations 
Subject to reasonable limitations imposed by a Maine criminal justice agency to 
protect against the harms described in section 804, this chapter does not preclude 
dissemination of intelligence and investigative record information confidential under 
section 804 by a Maine criminal justice agency to: 
1.  A government agency responsible for investigating child or adult abuse, 
neglect or exploitation.  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 if the intelligence 
and investigative record information is used in the investigation of suspected abuse, 
neglect or exploitation; 
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 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 
3.  A counselor or advocate.  A sexual assault counselor, as defined in section 53-A, 
subsection 1, paragraph B, or an advocate, as defined in section 53-B, subsection 1, 
paragraph A, with a specific agreement with a criminal justice agency.  An agreement 
between a criminal justice agency and a sexual assault counselor or an advocate must, at a 
minimum, include provisions that: 
A.  Permit the sexual assault counselor or advocate to use a report or record that 
contains intelligence and investigative record information if the intelligence and 
investigative record information is used in planning for the safety of a victim named 
in the report or record; 
B.  Prohibit the sexual assault counselor or advocate from further disseminating a 
report or record that contains intelligence and investigative record information; 
C.  Require the sexual assault counselor or advocate to ensure that a report or record 
that contains intelligence and investigative record information remain secure and 
confidential; 
D.  Require the sexual assault counselor or advocate to destroy a report or record that 
contains intelligence and investigative record information within 30 days after the 
sexual assault counselor's or advocate's receiving the report or record; 
E.  Permit the criminal justice agency to perform reasonable and appropriate audits in 
order to ensure that a report or record containing intelligence and investigative record 
information that are obtained by and that are in the custody of the sexual assault 
counselor or advocate are maintained in accordance with the requirements of this 
subsection; 
F.  Require the sexual assault counselor or advocate to indemnify and hold harmless 
the criminal justice agency with respect to any litigation that may result from the 
provision of reports or records that contain intelligence and investigative record 
information; 
G.  Permit a criminal justice agency to immediately and unilaterally revoke an 
agreement made under this subsection; and 
H.  Provide sanctions for any violations of this subsection. 
The Commissioner of Public Safety may adopt a model agreement pursuant to this 
subsection for use by criminal justice agencies, sexual assault counselors and advocates. 
§807.  Confirming existence or nonexistence of confidential intelligence and 
investigative record information 
A 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. 
§808.  No right to access or review 
A person who is the subject of intelligence and investigative record information 
maintained by a criminal justice agency has no right to inspect or review that information 
for accuracy or completeness. 
§809.  Unlawful dissemination of intelligence and investigative record information 
1.  Offense.  A person is guilty of unlawful dissemination of intelligence and 
investigative record information if the person intentionally disseminates intelligence and 
investigative record information knowing it to be in violation of any of the provisions of 
this chapter. 
2.  Classification.  Unlawful dissemination of intelligence and investigative record 
information is a Class E crime. 
PART B 
Sec. B-1.  1 MRSA §402, sub-§3-A, as amended by PL 2001, c. 477, §1, is 
further amended to read: 
3-A.  Public records further defined.  "Public records" also includes the following 
criminal justice agency records: 
A.  Records relating to prisoner furloughs to the extent they pertain to a prisoner's 
identity, conviction data public criminal history record information, as defined in 
Title 16, section 703, subsection 8, address of furlough and dates of furlough; 
B.  Records relating to out-of-state adult probationer or parolee supervision to the 
extent they pertain to a probationer's or parolee's identity, conviction data public 
criminal history record information, as defined in Title 16, section 703, subsection 8, 
address of residence and dates of supervision; and 
C.  Records to the extent they pertain to a prisoner's, adult probationer's or parolee's 
identity, conviction data public criminal history record information, as defined in 
Title 16, section 703, subsection 8, and current address or location, unless the 
Commissioner of Corrections determines that it would be detrimental to the welfare 
of a client to disclose the information. 
Sec. B-2.  5 MRSA §19506, sub-§1, as amended by PL 2001, c. 357, §13, is 
further amended to read: 
1.  Records.  Agency personnel must be granted access to all records, reports and 
supporting information, other than records, reports and supporting information created in 
the course of an ongoing criminal investigation by the Attorney General, a district 
attorney's office or a law enforcement agency or records, reports and supporting 
information designated as confidential by Title 16, section 614 804, that: 
A.  Pertain to a person who is a client of the agency, if the person or the person's legal 
guardian or other legal representative has authorized the agency to have that access; 
C.  Describe incidents of abuse, exploitation, neglect or injury, and the steps taken to 
investigate those incidents, prepared by any staff person of any facility serving 
persons with disabilities or by any agency charged with investigating allegations of 
abuse, exploitation, neglect and injury occurring at facilities that serve persons with 
disabilities; or 
D.  Pertain to an individual who is or was a person with a disability and who is the 
subject of a complaint received by the agency or who, as a result of monitoring or 
other activities resulting from a complaint or other evidence, the agency has probable 
cause to believe has been or is being abused, exploited or neglected and who: 
(1) By reason of a mental or physical condition is unable to authorize the agency 
to have access and is either under public guardianship or without a legal guardian 
or other representative who may authorize the agency to have access; 
(2) Has a legal guardian, conservator or other legal representative who has been 
contacted by the agency upon receipt of the name and address of the guardian, 
conservator or representative, and the agency has offered assistance to that person 
to resolve the situation, and that person has failed or refused to act on behalf of 
the individual; or 
(3)  Is deceased or whose whereabouts are unknown. 
Agency personnel must be given access to the records of a person with a disability and 
other records relevant to conducting an investigation within 3 business days of the agency 
making a written request.  When the agency determines there is probable cause to believe 
that the health or safety of the person is in serious or immediate jeopardy or in event of 
the death of a person with a disability, the agency must be given access to records within 
hours of the agency making a written request. 
Sec. B-3.  9-A MRSA §13-115, sub-§1, ¶A, as enacted by PL 2009, c. 362, Pt. 
B, §1, is amended to read: 
A.  Criminal, civil and administrative information, including nonconviction data 
confidential criminal history record information as defined in Title 16, section 611 
703, subsection 9 2; 
Sec. B-4.  10 MRSA §8003-B, sub-§3, as amended by PL 1993, c. 719, §4 and 
affected by §12, is further amended to read: 
3.  Attorney General records.  The provision or disclosure of investigative records 
of the Department of the Attorney General to a departmental employee designated by the 
commissioner or to a complaint officer of a board or commission does not constitute a 
waiver of the confidentiality of those records for any other purposes.  Further disclosure 
of those investigative records is subject to Title 16, section 614 804 and the discretion of 
the Attorney General. 
Sec. B-5.  15 MRSA §709, sub-§1-A, as enacted by PL 1987, c. 680, §1, is 
amended to read: 
1-A.  Administration of criminal justice.  "Administration of criminal justice" has 
the same meaning as in Title 16, section 611 703, subsection 1. 
Sec. B-6.  15 MRSA §3308, sub-§7, ¶A, as enacted by PL 1985, c. 426, is 
amended to read: 
A.  For purposes of this subsection the following terms have the following meanings.  
(1)  "Administration of criminal justice" has the same meaning as found in Title 
16, section 611 703, subsection 1. 
(2)  "Administration of juvenile criminal justice" means detection, activities 
related to the apprehension or summonsing, detention, conditional or 
unconditional release, informal adjustment, initial appearance, bind over, 
adjudication or, disposition, custody and supervision or rehabilitation of accused 
juveniles or adjudicated juvenile criminal offenders. It includes juvenile crime 
identification activities and the collection, storage and dissemination of juvenile 
crime information. 
(3)  "Criminal justice agency" has the same meaning as found in Title 16, section 
703, subsection 4. 
(4)  "Dissemination" has the same meaning as found in Title 16, section 611 703, 
subsection 6. 
Sec. B-7.  16 MRSA §632, as enacted by PL 1993, c. 346, §1, is amended to read: 
§632.  Definitions 
As used in this subchapter, unless the context otherwise indicates, the following 
terms have the following meanings. 
1.  Administration of criminal justice.  "Administration of criminal justice" has the 
same meaning as defined in section 611 703, subsection 1. 
2.  Conviction data.  "Conviction data" has the same meaning as defined in section 
611, subsection 2. 
2-A.  Confidential criminal history record information.  "Confidential criminal 
history record information" has the same meaning as defined in section 703, subsection 2. 
3.  Criminal history record information.  "Criminal history record information" has 
the same meaning as defined in section 611 703, subsection 3. 
4.  Criminal justice agency.  "Criminal justice agency" has the same meaning as 
defined in section 611 703, subsection 4. 
5.  Criminal record information system.  "Criminal record information system" 
means a system including equipment, facilities, procedures and agreements for the 
collection, processing, preservation and dissemination of criminal record information 
including criminal history record information. 
6.  Disposition.  "Disposition" has the same meaning as defined in section 611 703, 
subsection 5. 
7.  Executive order.  "Executive order" has the same meaning as defined in section 
703, subsection 7. 
8.  Nonconviction data.  "Nonconviction data" has the same meaning as defined in 
section 611, subsection 9. 
9.  Offender.  "Offender" means an individual, juvenile or adult, accused or 
convicted of a criminal offense under the laws of this State or federal law. 
10.  Offender-based tracking information.  "Offender-based tracking information" 
means information collected during the administration of criminal justice by criminal 
justice agencies related to an identifiable person who has been determined to be an 
offender. 
11.  Person.  "Person" has the same meaning as defined in section 611, subsection 
10. 
11-A.  Public criminal history record information.  "Public criminal history record 
information" has the same meaning as defined in section 703, subsection 8. 
12.  State.  "State" has the same meaning as defined in section 611 703, subsection 
9. 
13.  Statute.  "Statute" has the same meaning as defined in section 611 703, 
subsection 12 10. 
Sec. B-8.  17 MRSA §1023, sub-§3, as enacted by PL 2001, c. 422, §13, is 
amended to read: 
3.  Cooperation between agencies.  For the purposes of this section, law 
enforcement officers, the commissioner or the commissioner's designee, humane agents, a 
state veterinarian and certified animal control officers may exchange information and 
reports pertaining to an investigation of cruelty to animals pursuant to Title 16, chapter 3, 
subchapter VIII subsection 4 and Title 7, section 3909, subsection 6. 
Sec. B-9.  18-A MRSA §9-304, sub-§(a-1), ¶(2), as corrected by RR 2001, c. 1, 
§21, is amended to read: 
(2).  The court shall request a background check for each prospective adoptive parent 
who is not the biological parent of the child.  The background check must include a 
screening for child abuse cases in the records of the department and criminal history 
record information obtained from the Maine Criminal Justice Information System and 
the Federal Bureau of Investigation. 
(i)  The criminal history record information obtained from the Maine Criminal 
Justice Information System must include a record of Maine conviction data 
public criminal history record information as defined in Title 16, section 703, 
subsection 8. 
(ii)  The criminal history record information obtained from the Federal Bureau of 
Investigation must include other state and national criminal history record 
information. 
(iii)  Each prospective parent who is not the biological parent of the child shall 
submit to having fingerprints taken.  The State Police, upon receipt of the 
fingerprint card, may charge the court for the expenses incurred in processing 
state and national criminal history record checks.  The State Police shall take or 
cause to be taken the applicant's fingerprints and shall forward the fingerprints to 
the State Bureau of Identification so that the bureau can conduct state and 
national criminal history record checks.  Except for the portion of the payment, if 
any, that constitutes the processing fee charged by the Federal Bureau of 
Investigation, all money received by the State Police for purposes of this 
paragraph must be paid over to the Treasurer of State.  The money must be 
applied to the expenses of administration incurred by the Department of Public 
Safety. 
(iv)  The subject of a Federal Bureau of Investigation criminal history record 
check may obtain a copy of the criminal history record check by following the 
procedures outlined in 28 Code of Federal Regulations, Sections 16.32 and 16.33.  
The subject of a state criminal history record check may inspect and review the 
criminal history record information pursuant to Title 16, section 620 709. 
(v)  State and federal criminal history record information may be used by the 
court for the purpose of screening prospective adoptive parents in determining 
whether the adoption is in the best interests of the child. 
(vi)  Information obtained pursuant to this paragraph is confidential.  The results 
of background checks received by the court are for official use only and may not 
be disseminated outside the court except as required under Title 22, section 
4011-A. 
(vii)  The expense of obtaining the information required by this paragraph is 
incorporated in the adoption filing fee established in section 9-301.  The Probate 
Court shall collect the total fee and transfer the appropriate funds to the 
Department of Public Safety and the department. 
Sec. B-10.  18-A MRSA §9-304, sub-§(a-2), ¶(1), as enacted by PL 2003, c. 
575, §2, is amended to read: 
(1).  The department may request a background check for each prospective adoptive 
parent who is not the biological parent of the child.  The background check must 
include criminal history record information obtained from the Maine Criminal Justice 
Information System and the Federal Bureau of Investigation. 
(i)  The criminal history record information obtained from the Maine Criminal 
Justice Information System must include a record of Maine conviction data 
public criminal history record information as defined in Title 16, section 703, 
subsection 8. 
(ii)  The criminal history record information obtained from the Federal Bureau of 
Investigation must include other state and national criminal history record 
information. 
(iii)  Each prospective parent who is not the biological parent of the child shall 
submit to having fingerprints taken.  The State Police, upon receipt of the 
fingerprint card, may charge the department for the expenses incurred in 
processing state and national criminal history record checks.  The State Police 
shall take or cause to be taken the applicant's fingerprints and shall forward the 
fingerprints to the State Bureau of Identification so that the bureau can conduct 
state and national criminal history record checks.  Except for the portion of the 
payment, if any, that constitutes the processing fee charged by the Federal Bureau 
of Investigation, all money received by the State Police for purposes of this 
paragraph must be paid over to the Treasurer of State.  The money must be 
applied to the expenses of administration incurred by the Department of Public 
Safety. 
(iv)  The subject of a Federal Bureau of Investigation criminal history record 
check may obtain a copy of the criminal history record check by following the 
procedures outlined in 28 Code of Federal Regulations, Sections 16.32 and 16.33.  
The subject of a state criminal history record check may inspect and review the 
criminal history record information pursuant to Title 16, section 620 709. 
(v)  State and federal criminal history record information may be used by the 
department for the purpose of screening prospective adoptive parents in 
determining whether the adoption is in the best interests of the child. 
(vi)  Information obtained pursuant to this paragraph is confidential.  The results 
of background checks received by the department are for official use only and 
may not be disseminated outside the department except to a court considering an 
adoption petition under subsection (a-1). 
Sec. B-11.  20-A MRSA §6103, sub-§1, as amended by PL 1997, c. 452, §3, is 
further amended to read: 
1.  Criminal history record information obtained; reliance.  The commissioner 
shall obtain criminal history record information containing a record of conviction data 
confidential criminal history record information as defined in Title 16, section 703, 
subsection 2 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 
months prior to the issuance of a certificate, authorization, approval or renewal. 
Sec. B-12.  20-A MRSA §6103, sub-§8, as enacted by PL 1997, c. 452, §3, is 
amended to read: 
8.  Applicant's access to criminal history record check.  The subject of a Federal 
Bureau of Investigation criminal history record check may obtain a copy of a criminal 
history record check by following the procedures outlined in 28 Code of Federal 
Regulations, Sections 16.32 and 16.33.  The subject of a state criminal record check may 
inspect and review criminal record information pursuant to Title 16, section 620 709. 
Sec. B-13.  22 MRSA §3022, sub-§14, as enacted by PL 2001, c. 221, §5, is 
amended to read: 
14.  Access to report documents.  Report documents, as defined in section 3035, 
subsection 2, in the possession or custody of a medical examiner or the Office of the 
Chief Medical Examiner constitute investigative information.  Release and inspection are 
governed by Title 16, section 614 804.  Release and inspection are also contingent upon 
the person's request specifying a specific decedent or decedents and the payment of any 
required fee under section 3035. 
Sec. B-14.  22 MRSA §3480, sub-§1, ¶B, as corrected by RR 2009, c. 2, §56, is 
amended to read: 
B.  Obtain nonconviction data confidential criminal history record information and 
other criminal history record information under Title 16, section 611 703, which the 
commissioner, the commissioner's delegate or the legal counsel for the department 
deems considers relevant to a case of alleged abuse, neglect or exploitation. 
Sec. B-15.  22 MRSA §4007, sub-§1-A, ¶D, as enacted by PL 2007, c. 351, §2, 
is amended to read: 
D.  Records that are required to be maintained by the court as confidential under this 
subsection may be disclosed to: 
(1)  A state agency if necessary to carry out the statutory function of that agency; 
(2)  A guardian ad litem appointed to the case; or 
(3)  A criminal justice agency, as defined by Title 16, section 611 703, subsection 
4, if necessary to carry out the administration of criminal justice or the 
administration of juvenile justice, and such disclosure is otherwise permitted 
pursuant to section 4008. 
In making such disclosure, the court shall order the party receiving the information to 
maintain the information as confidential. 
Sec. B-16.  22 MRSA §4021, sub-§1, ¶B, as amended by PL 2007, c. 586, §15, 
is further amended to read: 
B.  Obtain nonconviction data confidential criminal history record information and 
other criminal history record information under Title 16, chapter 3, subchapter 8 7 
that the commissioner, the commissioner's delegate or the legal counsel for the 
department considers relevant to an abuse or neglect case or the investigation of a 
suspicious child death. 
Sec. B-17.  22 MRSA §4038-E, sub-§7, ¶A, as enacted by PL 2011, c. 402, §15, 
is amended to read: 
A.  The department may, pursuant to rules adopted pursuant to Title 18-A, section 
9-304, subsection (a-2), request a background check for each permanency guardian. 
The background check must include criminal history record information obtained 
from the Maine Criminal Justice Information System and the Federal Bureau of 
Investigation. 
(1)  The criminal history record information obtained from the Maine Criminal 
Justice Information System must include a record of Maine conviction data 
public criminal history record information as defined in Title 16, section 703, 
subsection 8. 
(2)  The criminal history record information obtained from the Federal Bureau of 
Investigation must include other state and national criminal history record 
information. 
(3)  Each permanency guardian of the child shall submit to having fingerprints 
taken.  The State Police, upon receipt of the fingerprint card, may charge the 
department for the expenses incurred in processing state and national criminal 
history record checks.  The State Police shall take or cause to be taken the 
applicant's fingerprints and shall forward the fingerprints to the State Bureau of 
Identification so that the bureau can conduct state and national criminal history 
record checks. Except for the portion of the payment, if any, that constitutes the 
processing fee charged by the Federal Bureau of Investigation, all money 
received by the State Police for purposes of this paragraph must be paid over to 
the Treasurer of State.  The money must be applied to the expenses of 
administration incurred by the Department of Public Safety. 
(4)  The subject of a Federal Bureau of Investigation criminal history record 
check may obtain a copy of the criminal history record check by following the 
procedures outlined in 28 Code of Federal Regulations, Sections 16.32 and 16.33.  
The subject of a state criminal history record check may inspect and review the 
criminal history record information pursuant to Title 16, section 620 709. 
(5)  State and federal criminal history record information may be used by the 
department for the purpose of screening each permanency guardian in 
determining whether the adoption is in the best interests of the child. 
(6)  Information obtained pursuant to this paragraph is confidential.  The results 
of background checks received by the department are for official use only and 
may not be disseminated outside the department except to a court considering an 
adoption petition under this section. 
Sec. B-18.  25 MRSA §1541, sub-§3, ¶B, as enacted by PL 2001, c. 372, §1, is 
amended to read: 
B.  Notwithstanding chapter 199, the fingerprints and descriptive information of any 
person that have been submitted to the Federal Bureau of Investigation for the 
purpose of conducting a criminal history record check for noncriminal justice 
purposes through the interstate identification index system, as defined in section 
1703, subsection 12, are not a criminal history record, as defined by section 1703, 
subsection 5, or criminal history record information, as defined by Title 16, section 
703, subsection 3, and such submittal is not an activity related to criminal justice, 
as defined by section 1703, subsection 6, or the administration of criminal justice, as 
defined by Title 16, section 611 703, subsection 1. 
Sec. B-19.  25 MRSA §1541, sub-§6, as amended by PL 2007, c. 539, Pt. PPP, 
§1, is further amended to read: 
6.  Establishment of fees.  The State Bureau of Identification may charge a fee to 
individuals, nongovernmental organizations, governmental organizations that are engaged 
in licensing and governmental organizations that are not a governmental entity of the 
State, a county of the State or a municipality of the State for each criminal history record 
check requested for noncriminal justice purposes pursuant to Title 16, chapter 3, 
subchapter 8 7.  The requestor shall provide a name and date of birth for each record 
being requested.  A request made pursuant to 5 United States Code, Section 9101 must be 
accompanied by fingerprints.  A governmental organization that is engaged in licensing 
may charge an applicant for the cost of the criminal history record check.  The 
commissioner shall establish a schedule of fees that covers the cost of providing these 
services. One dollar of each fee generated under this subsection must be deposited to the 
Other Special Revenue account within the Bureau of State Police to offset the cost of 
maintenance and replacement of both hardware and software associated with the criminal 
history record check system. The remaining revenues generated from these fees must be 
credited to the General Fund. 
Sec. B-20.  29-A MRSA §2117-A, sub-§5, as enacted by PL 2009, c. 605, §1, is 
amended to read: 
5.  Data retention.  Data collected or retained through the use of an automated 
license plate recognition system in accordance with subsection 3 that are not considered 
intelligence and investigative record information as defined by Title 16, section 611 803, 
subsection 8 7, or data collected for the purposes of commercial motor vehicle screening, 
may not be stored for more than 21 days. 
Sec. B-21.  32 MRSA §85, sub-§3, as amended by PL 2011, c. 271, §8, is further 
amended to read: 
3.  Minimum requirements for licensing.  In setting rules for the licensure of 
emergency medical services persons, the board shall ensure that a person is not licensed 
to care for patients unless that person's qualifications are at least those specified in this 
subsection.  Any person who meets these conditions is considered to have the credentials 
and skill demonstrations necessary for licensure to provide emergency medical treatment. 
A.  The person must have completed successfully the training specified in rules 
adopted by the board pursuant to the Maine Administrative Procedure Act. 
C.  The person must have successfully completed a state cognitive test for basic 
emergency medical treatment and a board-approved practical evaluation of 
emergency medical treatment skills. 
The board shall obtain criminal history record information containing a record of 
conviction data public criminal history record information as defined in Title 16, section 
703, subsection 9 for an applicant seeking licensure under this subsection.  Information 
obtained pursuant to this subsection is confidential and may be used only to determine 
suitability for issuance of a license to provide emergency medical services.  The results of 
criminal history record checks received by the board are for official use only and may not 
be disseminated outside the board.  The applicant for licensure shall pay the expense of 
obtaining the information required by this subsection. 
Sec. B-22.  34-A MRSA §1001, sub-§§19 and 20, as enacted by PL 1987, c. 
633, §1, are amended to read: 
19.  Administration of criminal justice.  "Administration of criminal justice" has 
the same meaning as in Title 16, section 611 703, subsection 1. 
20.  Criminal justice agency.  "Criminal justice agency" has the same meaning as in 
Title 16, section 611 703, subsection 4. 
Sec. B-23.  34-A MRSA §1216, sub-§1, as amended by PL 2011, c. 515, §2 and 
c. 662, §22, is repealed and the following enacted in its place: 
1.  Limited disclosure.  All orders of commitment, medical and administrative 
records, applications and reports, and facts contained in them, pertaining to any person 
receiving services from the department must be kept confidential and may not be 
disclosed by any person, except that public records must be disclosed in accordance with 
Title 1, section 408-A; criminal history record information may be disseminated in 
accordance with Title 16, chapter 7; and documents other than those documents 
pertaining to information obtained by the department for the purpose of evaluating a 
client's ability to participate in a community-based program or from informants in a 
correctional or detention facility for the purpose of determining whether facility rules 
have been violated or pertaining to a victim's request for notice of release may, and must 
upon request, be disclosed: 
A.  To any person if the person receiving services, that person's legal guardian, if any, 
and, if that person is a minor, that person's parent or legal guardian give informed 
written consent to the disclosure of the documents referred to in this subsection after 
being given the opportunity to review the documents sought to be disclosed; 
B.  To any state agency if necessary to carry out the statutory functions of that 
agency; 
C.  If ordered by a court of record, subject to any limitation in the Maine Rules of 
Evidence, Rule 503; 
D.  To any criminal justice agency if necessary to carry out the administration of 
criminal justice or the administration of juvenile criminal justice or for criminal 
justice agency employment; 
E.  To persons engaged in research if: 
(1)  The research plan is first submitted to and approved by the commissioner; 
(2)  The disclosure is approved by the commissioner; and 
(3)  Neither original records nor identifying data are removed from the facility or 
office that prepared the records. 
The commissioner and the person doing the research shall preserve the anonymity of 
the person receiving services from the department and may not disseminate data that 
refer to that person by name or number or in any other way that might lead to the 
person's identification; 
F.  To persons who directly supervise or report on the health, behavior or progress of 
a juvenile, to the superintendent of a juvenile's school and the superintendent's 
designees and to agencies that are or might become responsible for the health or 
welfare of a juvenile if the information is relevant to and disseminated for the 
purpose of creating or maintaining an individualized plan for the juvenile's 
rehabilitation, including reintegration into the school; or 
G.  To any state agency engaged in statistical analysis for the purpose of improving 
the delivery of services to persons who are or might become mutual clients if: 
(1)  The plan for the statistical analysis is first submitted to and approved by the 
commissioner; and 
(2)  The disclosure is approved by the commissioner. 
The commissioner and the state agency requesting the information shall preserve the 
anonymity of the persons receiving services from the department and may not 
disseminate data that refer to any person by name or number or that in any other way 
might lead to a person's identification. 
Notwithstanding any other provision of law, the department may release the names, dates 
of birth and social security numbers of persons receiving services from the department 
and, if applicable, eligibility numbers and the dates on which those persons received 
services to any state or federal agency for the sole purpose of determining eligibility and 
billing for services and payments under federally funded programs administered by the 
agency.  The department may also release to the agency information required for and to 
be used solely for audit or research purposes, consistent with federal law, for those 
services provided by or through the department.  Agency personnel shall treat this 
information as confidential in accordance with federal and state law and shall return the 
records when their purpose has been served. 
Sec. B-24.  34-A MRSA §11221, sub-§8, as enacted by PL 2003, c. 371, §7, is 
amended to read: 
8.  Criminal justice agency access to information.  The bureau shall provide access 
to the information described in subsection 1 to criminal justice agencies.  For purposes of 
this subsection, "criminal justice agency" has the same meaning as in Title 16, section 
703, subsection 4. 
Sec. B-25.  34-A MRSA §11221, sub-§10, as amended by PL 2011, c. 299, §2, is 
further amended to read: 
10.  Registrant access to information.  The bureau shall provide all information 
described in subsection 1, paragraphs A to F to a registrant who requests that person's 
own information.  The process for access and review of that information is governed by 
Title 16, section 620 709. 
Sec. B-26.  34-A MRSA §11281, sub-§6, as enacted by PL 2011, c. 663, §3, is 
amended to read: 
6.  Criminal justice agency access to information.  The bureau shall provide access 
to the information described in subsection 1 to criminal justice agencies.  For purposes of 
this subsection, "criminal justice agency" has the same meaning as in Title 16, section 
703, subsection 4. 
PART C 
Sec. C-1.  7 MRSA §3909, sub-§6 is enacted to read: 
6.  Confidential information.  The names of and other identifying information about 
persons providing information pertaining to criminal or civil cruelty to animals to the 
department are confidential information and may not be released. 
Sec. C-2.  17 MRSA §1023, sub-§4 is enacted to read: 
4.  Confidential information.  The names of and other identifying information about 
persons providing information pertaining to criminal or civil cruelty to animals to the 
Department of Agriculture, Conservation and Forestry are confidential information and 
may not be released. 
PART D 
Sec. D-1.  15 MRSA §3308-A is enacted to read: 
§3308-A.  Dissemination of juvenile intelligence and investigative record information 
by a Maine criminal justice agency 
The following provisions apply to the dissemination of juvenile intelligence and 
investigative record information collected by or at the direction of or kept in the custody 
of any Maine criminal justice agency. 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Administration of juvenile justice" means activities relating to the anticipation, 
prevention, detection, monitoring or investigation of known, suspected or possible 
juvenile crimes.  "Administration of juvenile justice" includes the collection, storage 
and dissemination of juvenile intelligence and investigative record information 
relating to the administration of juvenile justice. 
B.  "Criminal justice agency" has the same meaning as in Title 16, section 803, 
subsection 4. 
C.  "Dissemination" has the same meaning as in Title 16, section 803, subsection 5. 
D.  "Executive order" has the same meaning as in Title 16, section 803, subsection 6. 
E.  "Juvenile intelligence and investigative record information" means information of 
record collected by a criminal justice agency or at the direction of a criminal justice 
agency or kept in the custody of a criminal justice agency while performing the 
administration of juvenile justice.  "Juvenile intelligence and investigative record 
information" includes information of record concerning investigative techniques and 
procedures and security plans and procedures prepared or collected by a criminal 
justice agency or another agency.  "Juvenile intelligence and investigative record 
information" does not include criminal history record information as defined in Title 
16, section 703, subsection 3 or intelligence and investigative record information as 
defined in Title 16, section 803, subsection 7. 
F.  "State" has the same meaning as in Title 16, section 803, subsection 8. 
G.  "Statute" has the same meaning as in Title 16, section 803, subsection 9. 
2.  Information part of proceeding.  To the extent the juvenile intelligence and 
investigative record information has been made part of the court records of a juvenile 
proceeding, dissemination of that juvenile intelligence and investigative record 
information by a Maine criminal justice agency must be as provided by section 3307 and 
section 3308. 
3.  Limited dissemination.  Except as otherwise provided in subsection 2, juvenile 
intelligence and investigative record information is confidential and may be disseminated 
by a Maine criminal justice agency only to: 
A.  Another criminal justice agency; 
B.  A person or public or private entity as part of performing the administration of 
juvenile justice; 
C.  A juvenile accused of a juvenile crime or that juvenile's agent or attorney for 
adjudicatory or dispositional purposes if authorized by: 
(1)  The responsible prosecutorial office or prosecutor; or 
(2)  A court rule or court order of this State or of the United States. 
As used in this paragraph, "agent" means a licensed professional investigator, an 
expert witness or the juvenile's parents, guardian or legal custodian; 
D.  A juvenile crime victim or that victim's agent or attorney if authorized by: 
(1)  Statute; or 
(2)  A court order. 
As used in this paragraph, "agent" means a licensed professional investigator or an 
immediate family member if, due to death, age, physical or mental disease, disorder 
or intellectual disability or autism, the victim cannot realistically act on the victim's 
own behalf; 
E.  A federal court, the District Court, including when it is exercising the jurisdiction 
conferred by section 3101, the Superior Court or the Supreme Judicial Court and an 
equivalent court in another state; and 
F.  A person or public or private entity expressly authorized to receive the juvenile 
intelligence and investigative record information by statute, executive order, court 
rule, court decision or court order.  "Express authorization" means language in the 
statute, executive order, court rule, court decision or court order that specifically 
speaks to intelligence or investigative record information or specifically refers to a 
type of intelligence or investigative record. 
SUMMARY 
This bill implements the recommendations of the Criminal Law Advisory 
Commission to revise the criminal history record information laws, currently allocated to 
the Maine Revised Statutes, Title 16, chapter 3, subchapter 8. 
Part A of the bill repeals chapter 3, subchapter 8, which includes sections 611 to 623, 
and enacts 2 new chapters within Title 16.  The creation of 2 chapters allows for the 
separate treatment of the 2 mutually exclusive information-of-record categories of 
criminal history record information and intelligence and investigative record information.  
Their consolidated treatment in chapter 3, subchapter 8 resulted in significant confusion 
as to their differing meanings and applications. 
1.  This bill enacts Title 16, chapter 7, which: 
A.  Designates, in section 701, the new chapter as the Criminal History Record 
Information Act; 
B.  Outlines, in section 702, the chapter's scope and application, which had no 
counterpart in former subchapter 8.  It makes clear that when criminal history record 
information is public information, the term "public criminal history record 
information" is used.  Similarly, when criminal history record information is 
confidential, it is labeled as "confidential criminal history record information";  
C.  Defines, in section 703, like in former section 611, technical terms used 
throughout the subchapter, including: 
(1)  A definition of "administration of criminal justice," which mirrors former 
section 611, subsection 1, except that the word "detection" has been eliminated 
from the first sentence and "criminal identification activities" has been eliminated 
from the 2nd sentence because such activities are now addressed in the new 
chapter 9 regarding intelligence and investigative record information; 
(2)  A definition of "confidential criminal history record information," which 
replaces former section 611, subsection 9.  What was formerly identified as 
"nonconviction data" is now identified as "confidential criminal history record 
information."  The types of criminal history record information described in 
former section 611, subsection 9 are included in section 703, subsection 2 and 
have been modified for purposes of clarity and completeness.  Section 703, 
subsection 2, paragraphs D, I, J and K have no counterpart in former section 611, 
subsection 9; 
(3)  A definition of "criminal history record information," which replaces former 
section 611, subsection 3 with a new section 703, subsection 3 and expands on 
the former definition.  The new subsection 3 employs and refers to formal 
involvement in the criminal justice system either as an accused or as a convicted 
criminal defendant and defines the term to specifically include "a juvenile treated 
by statute as an adult for criminal prosecution purposes" and expands on 
examples of criminal history record information.  The new definition expressly 
excludes civil proceedings of any kind, intelligence and investigative record 
information and any information of record of juvenile crime proceedings; 
(4)  A definition of "criminal justice agency," which replaces former section 611, 
subsection 4 with a new section 703, subsection 4 and differs in 4 substantive 
respects.  First, the definition now specifies that the only jurisdictions to which it 
applies are the Federal Government, a state as defined in the new section 703, 
subsection 9 and the State of Maine.  Foreign countries, other than Canada, are 
not included.  Second, as to the included jurisdictions, the applicable government 
agencies or subunits are at all governmental levels.  The former references to 
state, district, county or local have been replaced by "at any governmental level" 
because although these governmental divisions are appropriate insofar as Maine 
is concerned, they are not necessarily correct in describing the governmental 
divisions in the other named jurisdictions.  Third, the definition no longer 
conditions government agency or subunit qualification on whether the criminal 
justice agency allocates a substantial part of its annual budget to the 
administration of criminal justice.  It also adds an equivalent agency of any 
federally recognized Indian tribe.  Fourth, it replaces the word "courts" with 
"federal courts, Maine courts, courts in any other state"; 
(5)  A definition of "disposition," which replaces former section 611, subsection 
5; 
(6)  A definition of "dissemination," which parallels former section 611, 
subsection 6, but expands the listed means of transmission by adding the phrase 
"by any means"; 
(7)  A definition of "executive order," which parallels former section 611, 
subsection 7 but makes 3 nonsubstantive changes; 
(8)  A definition of "public criminal history record information," which replaces 
former section 611, subsection 9.  What was formerly identified as "conviction 
data" is now identified as "public criminal history record information."  It defines 
"public criminal history record information" to mean "criminal history record 
information that is not confidential criminal history record information"; 
(9)  A definition of "state," which parallels former section 611, subsection 11, but 
specifically identifies what formerly was described as "any territory or possession 
of the United States."  It includes in the definition of "state" the federal and any 
provincial government of Canada and any federally recognized Indian tribe, both 
of which are a "criminal justice agency"; and 
(10)  A definition of "statute," which mirrors the content of the former definition 
in section 611, subsection 12; 
D.  Collects in section 704 in a single comprehensive section addressing the 
dissemination of public criminal history record information by a Maine criminal 
justice agency what formerly was contained in former sections 612, subsection 3, 
section 615 and section 616.  It is made up of 2 subsections.  The first subsection 
elaborates on former section 612, subsection 3 and former section 615.  It makes 
clear that public criminal history record information is public for purposes of the 
Freedom of Access Act; that no time limitation exists for the dissemination of it; and 
that "no time limitation" means that dissemination is authorized whether the 
information relates to a crime for which a person is currently within the jurisdiction 
of the criminal justice system or instead, is no longer within that jurisdiction.  The 
2nd subsection parallels former section 616, but differs in 3 respects.  First, a Maine 
court is exempted from making inquiry of the State Bureau of Identification before 
dissemination because a court's own records already contain the most up-to-date 
disposition information.  Second, only dissemination of public criminal history record 
information for a noncriminal justice purpose is addressed.  Confidential criminal 
history record information in this context is now addressed in section 705, subsection 
3.  Third, the term "noncriminal justice purpose" is now defined to mean "a purpose 
other than the administration of criminal justice or criminal justice agency 
employment"; 
E.  Collects in section 705 in a single comprehensive section addressing the 
dissemination of confidential criminal history record information by a Maine criminal 
justice agency what formerly was contained in former section 612, subsection 3 and 
sections 613, 616 and 618.  Subsection 1 establishes the general rule that 
dissemination of such information directly or through an intermediary by a Maine 
criminal justice agency is only to authorized persons or entities and lists the 
authorized persons and entities.  Paragraphs A to D mirror former section 613, 
subsections 1 to 4.  Paragraph E parallels former section 612, subsection 3, paragraph 
B, but does not require that the information disseminated be based upon data 
excluded by section 708, former section 612, subsection 2, as unnecessary.  The 
remaining issue contained in the final sentence of former paragraph B is controlled by 
new paragraph F.  Paragraph F expands and clarifies former section 612, subsection 
3, paragraph A.  It expressly allows dissemination by a Maine criminal justice agency 
to the public for the purpose of announcing the fact of a specific disposition that is 
confidential criminal history record information, other than that contained in section 
703, subsection 2, paragraph A, within 30 days of the date of occurrence of that 
disposition.  Further, it also allows for public dissemination at any point in time if the 
person to whom the disposition relates specifically authorizes that it be made public.  
Paragraph G replaces former section 612, subsection 3, paragraph C and parallels its 
content.  Section 705, subsection 2 replaces former section 618 and parallels its 
content.  Section 705, subsection 3 replaces former section 616.  It mirrors the 
content of section 704, subsection 2 except that it addresses only the dissemination of 
confidential criminal history information.  Public criminal history record information 
in this context is addressed in section 704, subsection 2; 
F.  Enacts section 706 to replace former section 612-A.  Like its predecessor, it serves 
the dual purpose of helping to guard against secret arrests and to provide public 
access to information concerning the crime or crimes for which a person is arrested 
and the time, place and circumstances of the arrest itself.  Although section 706 
parallels former section 612-A, changes have been made in subsection 1 to enhance 
clarity and completeness.  The former requirement in section 612-A, subsection 2 that 
the permanent record be in a bound volume has been removed in light of current 
electronic recording methods, and the former exception respecting juveniles in 
section 612-A, subsection 3 has been deleted as unnecessary in light of section 703, 
subsection 3; 
G.  Enacts section 707 to replace former section 619.  Although it parallels former 
section 619, it limits the crime to the unlawful dissemination of confidential criminal 
history record information and conditions criminality upon the person intentionally 
disseminating and knowing it to be in violation of any of the provisions of chapter 7; 
H.  Enacts section 708 to replace former section 612, subsection 2.  It retains each of 
the former exceptions to which the subchapter does not apply.  Except for subsection 
3, changes were made to the former law only to enhance clarity and completeness.  
Subsection 3 has been redrafted to clarify that access to and dissemination of Maine 
trial and appellate court records of public judicial proceedings is as the Supreme 
Judicial Court provides by rule or administrative order; 
I.  Enacts section 709 to replace former section 620, makes the language gender 
neutral and removes language addressing intelligence and investigative record 
information because chapter 9 now addresses that information.  In addition, language 
addressing judicial review has been updated to rely upon the Maine Administrative 
Procedure Act and Rule 80C of the Maine Rules of Civil Procedure; and 
J.  Enacts section 710, which replaces former section 622 and mirrors its content. 
2.  The bill enacts Title 16, chapter 9, which: 
A.  Enacts section 801, which designates chapter 9 as the Intelligence and 
Investigative Record Information Act; 
B.  Enacts section 802, which replaces that portion of former section 614, subsection 
that applied the section 614 limitations on dissemination of intelligence and 
investigative information of record to specifically identified Maine criminal justice 
agencies, rather than to all Maine criminal justice agencies.  Section 802 applies the 
chapter to all Maine criminal justice agencies; 
C.  Defines in section 803, like in former section 611, technical terms used 
throughout the chapter, including: 
(1)  A definition of "administration of civil justice," which had no counterpart in 
former subchapter 8.  It addresses the same types of criminal justice agency 
activities described in the new subsection 2 but in the context of "civil violations" 
and "civil actions" rather than in the context of crimes.  It does not include 
known, suspected or possible traffic infractions; 
(2)  A definition of "administration of criminal justice," which is wholly different 
from former section 611, subsection 1 except to the extent former subsection 1 
included the activities of "detection" and "criminal identification."  It includes 
criminal justice agency activities "relating to the anticipation, prevention, 
detection, monitoring or investigation of known, suspected or possible crimes," 
activities that generally predate the activities addressed in former section 611, 
subsection 1.  However, particularly in the context of "known" crimes, 
investigation can continue well after a specific, identifiable person is formally 
involved with the criminal justice system as an accused in anticipation of trial 
and sentencing; 
(3)  A definition of "administration of juvenile justice," which had no counterpart 
in former subchapter 8.  It addresses the same types of criminal justice agency 
activities described in the new subsections 1 and 2 but in the context of juvenile 
crimes.  The administration of juvenile justice is distinct from the administration 
of criminal justice and the administration of civil justice because a juvenile crime 
is, strictly speaking, neither a crime nor is it civil.  It is a hybrid of both.  As a 
consequence, the administration of juvenile justice is expressly excluded from the 
definition of "intelligence and investigative record information" and is instead 
addressed in a new section 3308-A of the Maine Juvenile Code; 
(4)  A definition of "criminal justice agency," which replaces former section 611, 
subsection 4 and mirrors new section 703, subsection 4, except it does not 
include courts.  Courts are now addressed in section 805, subsection 4; 
(5)  A definition of "dissemination," which replaces former section 611, 
subsection 6 and mirrors new section 703, subsection 6; 
(6)  A definition of "executive order," which replaces former section 611, 
subsection 7 and mirrors new section 703, subsection 7; 
(7)  A definition of "intelligence and investigative record information," which 
replaces former section 611, subsection 8 and modifies the former definition to 
better clarify the scope of the definition.  It speaks both in terms of information of 
record collected or kept by any Maine criminal justice agency while performing 
the "administration of criminal justice," which is included as subsection 1, and in 
terms of information of record collected or kept by the Department of the 
Attorney General or by district attorneys' offices when they are performing the 
administration of civil justice, included as subsection 2.  The definition of 
"intelligence and investigative record information" includes the Department of 
the Attorney General's records relating to the administration of civil justice in 
order to perpetuate Public Law 1993, chapter 719, "An Act to Bring the 
Department of the Attorney General into Conformity with the Criminal History 
Record Information Laws."  District attorneys' offices have been added because 
they too have records relating to the administration of civil justice that merit 
similar treatment.  Further, it expands the former reference to operation plans to 
reflect new section 804, subsection 7 and former section 614, subsection 1, 
paragraph G.  See also Title 1, section 402, subsection 3, paragraph L.  
Subsection 7, like former section 611, subsection 8, expressly excludes criminal 
history record information as defined in section 703.  It expressly addresses the 
"administration of juvenile justice" and makes clear that information of record 
collected or kept while a criminal justice agency is performing the administration 
of juvenile justice is not included and thus is not addressed further in this chapter; 
(8)  A definition of "state," which replaces former section 611, subsection 11 and 
mirrors new section 703, subsection 9; and 
(9)  A definition of "statute," which replaces former section 611, subsection 12 
and mirrors new section 703, subsection 10; 
D.  Enacts section 804, which contains that portion of former section 614, subsection 
that prohibits a criminal justice agency from disseminating intelligence and 
investigative record information to the public if there is a reasonable possibility that 
public release or inspection of the information would result in one or more 
enumerated harms in section 614, subsection 1.  Section 804 lists 12 harms, 9 of 
which mirror the content of the formerly listed harms in section 614, subsection 1.  
Two of the remaining 12 were formerly listed harms, but with slightly changed 
content.  Subsection 1 parallels former section 614, subsection 1, paragraph A, but 
the clarifying phrase "relating to crimes" has been added to draw the necessary 
distinction between the subsection 1 harm of interference with criminal proceedings 
and the new subsection 10 harm of interference with civil proceedings conducted by 
the Department of the Attorney General or by a district attorney.  Section 804, 
subsection 6 parallels former section 614, subsection 1, paragraph F but the phrase 
"or by a district attorney's office" has been added to make clear that such offices, in 
carrying out their prosecutorial responsibilities, must also have the same authority as 
the Department of the Attorney General to designate information as a trade secret or 
as confidential commercial or financial information.  Lastly, section 804, subsection 
has been added and has no counterpart in former section 614, subsection 1.  The 
specific harm identified is interfering with proceedings relating to civil violations, 
civil enforcement proceedings and other civil proceedings conducted by the 
Department of the Attorney General or by a district attorney's office.  Subsections 11 
and 12 apply solely to the Department of the Attorney General because these harms 
are unique to that department.  Section 804 does not contain the content of former 
section 614, subsection 1-A relating to information about reports of cruelty to 
animals; instead its substance has been relocated to both Title 7, section 3909, 
subsection 6 and Title 17, section 1023, subsection 4; 
E.  Enacts section 805, which, along with section 806, replaces former section 614, 
subsection 3.  Section 805 lists certain disseminations of confidential intelligence and 
investigative record information by a Maine criminal justice agency that are excepted 
from section 804.  These exceptions, unlike those listed in section 806, are not subject 
to reasonable limitations to protect against the harms described in section 804.  The 
first unconditional exception in subsection 1 mirrors former section 614, subsection 
3, paragraph A.  The 2nd unconditional exception in subsection 2 has no counterpart 
in former section 614, subsection 3.  It has been added to make clear that criminal 
justice agencies, when carrying out the administration of criminal justice, often 
disseminate intelligence and investigative record information to persons and public or 
private entities for intelligence gathering purposes and for ongoing investigative 
purposes and that such disseminations are authorized under chapter 9.  Additionally, 
subsection 2 has been added to make clear that the Department of the Attorney 
General and district attorneys' offices are authorized under chapter 9 to make similar 
disseminations to carry out the administration of civil justice.  The 3rd unconditional 
exception in subsection 3 parallels former section 614, subsection 3, but with 4 
modifications.  First, the phrase "an accused person" is replaced by a "person accused 
of a crime" for trial and sentencing purposes.  Second, the person's "agent" is defined.  
Third, the required authorization contained in subsection 3, paragraph A merges 
former subsection 3, paragraph C, subparagraphs (1) and (3).  Fourth, the required 
authorization contained in subsection 3, paragraph B slightly modifies the wording of 
subsection 3, paragraph A, subparagraph (2).   The 4th unconditional exception in 
subsection 4 has no counterpart in former section 614, subsection 3.  It has been 
added to make clear that criminal justice agencies may disseminate confidential 
intelligence and investigative record information to a federal court, the District Court, 
Superior Court or Supreme Judicial Court, and the equivalent courts in another state.  
The 5th and final unconditional exception in subsection 5 has no counterpart in 
former section 614, subsection 3.  It is modeled after section 705, subsection 1, 
paragraph B but redrafted to address intelligence and investigative record information 
rather than confidential criminal history record information.  It allows dissemination 
of confidential intelligence and investigative record information by a Maine criminal 
justice agency to a person or public entity expressly authorized to receive the 
information by statute, executive order, court rule, court decision or court order.  
"Express authorization" is defined; 
F.  Enacts section 806, which replaces that portion of former section 614, subsection 
that listed certain disseminations of confidential intelligence or investigative record 
information by a Maine criminal justice agency that were excepted from former 
section 614, subsection 1, but nonetheless were subject to reasonable limitations to 
protect the interests against the harms described in subsection 1.  The first conditional 
exception in section 806, subsection 1 parallels former subsection 3, paragraph B but 
broadens its scope to include 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" for use in the investigation of suspected abuse, neglect or exploitation.  The 
2nd conditional exception in section 806, subsection 2 mirrors former subsection 3, 
paragraph D except the victim's "agent," previously undefined, is now defined to 
mean "a licensed professional investigator or an immediate family member if due to 
death, age or physical or mental disease, disorder or defect the victim cannot 
realistically act on the victim's own behalf."  The 3rd and final conditional exception 
in section 806, subsection 1 mirrors former subsection 3, paragraph E; 
G.  Enacts section 807, which has no former counterpart in subchapter 8, but it 
parallels section 705, subsection 2 respecting a criminal justice agency confirming 
the existence or nonexistence of confidential criminal history record information to 
any person or public or private entity that would not be eligible to receive the 
information itself; 
H.  Enacts section 808, which carries forward that portion of former section 620, 
subsection 1 that denied to a person who is the subject of intelligence and 
investigative record information the right to inspect or review that information; and 
I.  Enacts section 809 to replace former section 614, subsection 4 establishing the 
Class E crime of unlawful dissemination of intelligence and investigative record 
information.  In addition to restructuring the crime, section 809 adds the additional 
element of knowing it to be in violation.  These changes make the crime parallel with 
section 707 addressing the unlawful dissemination of confidential criminal history 
record information. 
Part B corrects cross-references in existing law to reflect the new Criminal History 
Record Information Act and the new Intelligence and Investigative Record Information 
Act. 
Part C moves the confidentiality protection for reports of animal cruelty from the 
former section governing intelligence and investigative record information to the animal 
welfare laws in Titles 7 and 17. 
Part D adds a new section 3308-A to the Maine Juvenile Code, addressing 
dissemination of juvenile intelligence and investigative record information by a Maine 
criminal justice agency. 
Title 15, section 3308-A, subsection 1 contains technical terms used in that section.  
The terms "administration of juvenile justice," "criminal justice agency," "dissemination," 
"executive order," "state" and "statute" mirror the meanings found in the new Title 16, 
section 803, subsections 3 to 6, 8 and 9, respectively.  The term "juvenile intelligence and 
investigative record information" has no counterpart in Title 16, section 803 because the 
"administration of juvenile justice" is expressly excluded from the definition of 
"intelligence and investigative record information" in section 803, subsection 7.  
Title 15, section 3308-A, subsection 2 clarifies that, to the extent a criminal justice 
agency has juvenile intelligence and investigative record information that has been made 
part of the court records of a juvenile proceeding, dissemination of that information by 
the criminal justice agency must be as provided by section 3307 and section 3308. 
Title 15, section 3308-A, subsection 3 clarifies that juvenile intelligence and 
investigative record information is confidential other than as provided in subsection 2.  
Additionally, subsection 3 lists certain disseminations of confidential juvenile intelligence 
and investigative record information that are expressly authorized.  These parallel those 
contained in Title 16, section 805.