An Act Regarding Computers Used To Commit a Crime or Facilitate the Commission of a Crime
Maine Legislature, Session 126, LD 1316
Committee: Criminal Justice and Public Safety
Sponsors: TYLER, PLUMMER, LAJOIE, LONG, MARKS, PEASE, PLANTE, DUTREMBLE, GERZOFSKY
Amends: 17-A MRSA §431

Legislative Document 
No. 1316 
H.P. 941 
House of Representatives, April 2, 2013 
An Act Regarding Computers Used To Commit a Crime or 
Facilitate the Commission of a Crime 
Submitted by the Department of Public Safety pursuant to Joint Rule 204. 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative TYLER of Windham. 
Cosponsored by Senator PLUMMER of Cumberland and 
Representatives: LAJOIE of Lewiston, LONG of Sherman, MARKS of Pittston, PEASE of 
Morrill, PLANTE of Berwick, Senators: DUTREMBLE of York, GERZOFSKY of 
Cumberland. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  17-A MRSA §431, sub-§2, as enacted by PL 1989, c. 620, is amended to 
read: 
2.    "Computer" means an electronic, magnetic, optical, electrochemical, or other 
high-speed data processing device performing logical, arithmetic, or storage functions, 
and includes any data storage facility device or communications facility directly related to 
or operating in conjunction with such the device. 
Sec. 2.  17-A MRSA §431, sub-§10-A is enacted to read: 
10-A.    "Data storage device" means any computer or accessory device, designed for 
or capable of storing digital media or data, including, but not limited to, installed or 
transportable hard drives, memory cards and servers. 
Sec. 3.  17-A MRSA §§436 and 437 are enacted to read: 
§436.  Permanent destruction of computer data on a computer used in the 
commission of a crime 
1.     If a person is found guilty of a violation of this Title, the State shall permanently 
destroy the computer data on any computer that was used to commit or facilitate the 
commission of that violation or cause the computer data to be permanently destroyed 
through the removal and destruction of any part of the computer in the possession of the 
State on which that computer data are stored. 
2.   Notwithstanding subsection 1, a criminal justice agency, prior to the destruction 
of computer data, may extract and provide computer data to a person if: 
A.  Prior to the conclusion of criminal prosecution in the matter involving the 
computer data, the person provides written notification to the criminal justice agency 
having custody of the computer on which the computer data are stored that the person 
is interested in obtaining that computer data; 
B.  The person either has an ownership interest in the computer data or wants the 
computer data only for the sentimental value of the data.  When computer data are 
requested only for the sentimental value of the data, the person must state such in a 
written affidavit; 
C.  The computer data that are the subject of the person's request may be lawfully 
disseminated; 
D.  The computer data that are the subject of the person's request are not confidential 
by law; 
E.  The computer data that are the subject of the request are specifically identified by 
the person making the request.  For the purposes of this paragraph, "specifically 
identified" means identified with reasonable precision and not merely categorically; 
F.  The criminal justice agency, in the judgment of the chief officer of the agency, 
determines the agency has the technological expertise, resources and personnel 
available to accommodate the request or to cause the request to be accommodated; 
and 
G.  Notwithstanding any provision of law to the contrary, the person requesting the 
computer data makes advance payment for the time and costs that the criminal justice 
agency estimates will be needed for the requested computer data to be extracted and 
provided by the agency or caused by the agency to be extracted and provided to the 
person. 
If the conditions identified in paragraphs A to G of this subsection are not met, the 
computer data that are the subject of the request must be permanently destroyed in 
accordance with subsection 1. 
§437.  Permissible destruction or transfer of ownership to the State of a computer 
used in the commission of a crime 
1.   Notwithstanding any provision of law to the contrary and except as provided in 
subsection 3, the State may either permanently destroy or assume ownership of a 
computer that was used in the commission of a crime or that facilitated the commission of 
a crime if: 
A.  A person has been found guilty of a crime committed using, or that was facilitated 
through the use of, the computer; 
B.  The opportunity for the computer to be forfeited to the State through proceedings 
at the presentencing stage has passed; and 
C.  A person having a lawful property interest in the computer has not notified the 
State in writing within 6 months following the finding of guilt that the person wants 
to take possession of the computer.  The written notification must be made to the 
criminal justice agency having custody of the computer. 
If the State assumes ownership of a computer pursuant to this subsection, all computer 
data stored on the computer must be permanently destroyed by the State, or caused by the 
State to be permanently destroyed, in accordance with section 436. 
2.  A person who has a lawful property interest in a computer that was used to 
commit a crime or that facilitated the commission of a crime may take possession of the 
computer if: 
A.  The person notifies the State in writing within 6 months following the finding of 
guilt that a person committed a crime using, or that was facilitated by the use of, the 
computer that the person wants to take possession of that computer.  The written 
notification must be made to the criminal justice agency having custody of the 
computer; 
B.  The crime that was committed using, or that was facilitated through the use of, the 
computer is not a crime identified in chapter 12; and 
C.  All computer data stored on the computer have been permanently destroyed 
pursuant to section 436. 
3.  Notwithstanding subsection 2, a person having a lawful property interest in a 
computer may not take possession of that computer if the crime that was committed 
using, or that was facilitated through the use of, the computer is a crime identified in 
chapter 12.  Notwithstanding subsection 1, the computer must be permanently destroyed 
by the State, or caused by the State to be permanently destroyed, in accordance with 
section 436 if the crime that was committed using, or that was facilitated through the use 
of, the computer is a crime identified in chapter 12. 
Sec. 4.  Public notice concerning computers and computer data already in 
the custody of a criminal justice agency.  Before a criminal justice agency, pursuant 
to the Maine Revised Statutes, Title 17-A, section 436 or 437, permanently destroys any 
computer data or disposes or assumes ownership of a computer in the custody of the 
agency prior to the effective date of this Act, the agency shall post on its publicly 
accessible website a notice stating that, unless written notification as described in Title 
17-A, section 436, subsection 2 or Title 17-A, section 437, subsection 2 is given to the 
criminal justice agency within 4 months after the effective date of this Act, all such 
computer data and computers must be disposed of in accordance with the provisions of 
Title 17-A, section 436 or 437. 
SUMMARY 
This bill amends the law regarding the disposition of computers used to commit 
crimes to: 
1.  Add a definition of "data storage device," as it is used in the definition of 
"computer"; 
2.  Require that computer data stored on a computer in the possession of the State that 
was used to commit or facilitate the commission of a crime be permanently destroyed or 
caused to be permanently destroyed by the State through the removal and destruction of 
any parts of the computer on which the computer data are stored; 
3.  Permit the release of specifically identifiable computer data to persons requesting 
that computer data if certain conditions are met; 
4.  Permit the State to either destroy or assume ownership of a computer under certain 
circumstances; 
5.  Allow a person having a bona fide property interest in a computer in the custody 
of the State to take possession of that computer, but only after computer data on the 
computer have been permanently destroyed.  If the computer was used to commit or 
facilitate the commission of a crime involving sexual exploitation of a minor, that 
computer, and all computer data on that computer, must be permanently destroyed; 
6. Require the State, if it assumes ownership of a computer, to permanently destroy, 
or cause to be permanently destroyed, all computer data stored on that computer; and 
7.  Require that, before a criminal justice agency permanently destroys any computer 
data or disposes or assumes ownership of a computer in the custody of the agency prior to 
the effective date of this bill, the agency post on its publicly accessible website a notice 
stating that, unless written notification as described in the bill is given to the criminal 
justice agency within 4 months after the effective date of this bill, all such computer data 
and computers must be disposed of in accordance with the provisions of the bill.