An Act To Enhance the Rights of Families of Missing Persons and Homicide Victims
Maine Legislature, Session 128, LD 1390
Committee: Criminal Justice and Public Safety
Sponsors: RILEY, CYRWAY, BROOKS, SKOLFIELD, STANLEY, TALBOT ROSS, CHENETTE
Amends: 17-A MRSA §1178

Legislative Document
No. 1390
H.P. 964
House of Representatives, April 11, 2017
An Act To Enhance the Rights of Families of Missing Persons and 
Homicide Victims
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative RILEY of Jay.
Cosponsored by Senator CYRWAY of Kennebec and
Representatives: BROOKS of Lewiston, SKOLFIELD of Weld, STANLEY of Medway, 
TALBOT ROSS of Portland, Senator: CHENETTE of York.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  17-A MRSA §1178 is enacted to read: 
§1178.  Information regarding unsolved missing persons and murder 
In addition to the requirements of this chapter, Title 5, chapter 316-A and Title 15, 
sections 812 and 6101, in order to improve communication with the families of murder 
and criminal homicide victims or missing persons regarding the status of unsolved or 
open murder, criminal homicide and missing person cases, the following provisions 
apply. 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Case" means an open investigation of a murder or missing person. 
B.  "Investigating agency" means the law enforcement agency that has primary 
responsibility for the investigation of a case. 
C.  "Murder" includes criminal homicide. 
D.  "Open" means: 
(1)  For a murder case, that a person committing the murder has not been tried or 
adjudicated for or pled guilty to murder or a lesser included crime or has been 
found not criminally responsible by reason of mental disease or defect of murder 
or a lesser included crime; and 
(2)  For a missing person case, that the person has not been located. 
2.  Open case website.  The Department of Public Safety shall maintain a publicly 
accessible website that lists all open missing person and murder cases in the State.  The 
cases listed on the website must be categorized first by missing person or murder and 
next by the type of each murder or missing person case, such as unsolved murder, 
suspicious death, active missing person or presumed missing, and must contain a 
summary of the details of the case and the name of and contact information for the 
investigating agency. 
3.  Annual interviews.  An investigating agency for an open case shall conduct a 
press conference or issue a press release annually on the anniversary date that the murder 
occurred or the person was reported missing unless the family of the victim or missing 
person requests otherwise. 
4.  Request for assistance from outside resources.  If a case remains open after 10 
years, the family of a murder victim or missing person may require the investigating 
agency to seek assistance from a federal law enforcement agency to resolve the open 
case. 
5.  Outside media.  The family of a murder victim or missing person may invite an 
investigation by an organization that performs investigative journalism for broadcast, in 
whatever form, to the public.  The investigating agency shall provide access to 
information regarding the open case except for that information the investigating agency 
considers to be detrimental to solving the case if made public. 
6.  Regular communication and updates by investigating agency and victim 
advocate.  The investigating agency and a victim advocate shall communicate on at least 
an annual basis with the family of the murder victim or missing person regarding the 
status of the investigation into the murder or missing person case unless the family of the 
murder victim or missing person requests otherwise.  If the investigating agency becomes 
aware of new information regarding the case or changes the status of the case, the 
investigating agency must inform the family of that new information within 14 days 
unless the investigating agency determines that the release of that information would be 
detrimental to solving the case. 
7.  Return of personal property; destruction or loss of evidence.  Upon request of 
the family of a murder victim or missing person, an investigating agency or other state 
agency in possession of personal property that belongs to the victim or missing person 
shall return to the family that personal property if the investigating agency and, if 
applicable, the Attorney General or other prosecuting agency determine that the retention 
of the personal property by the State is not necessary to the investigation or prosecution 
of the case.  If other evidence collected, compiled or produced during the investigation of 
a case is lost or destroyed, the investigating agency or, if applicable, the Attorney General 
or other prosecuting agency shall notify the family of the victim or missing person within 
hours of discovery of the loss or destruction of the evidence. 
SUMMARY 
This bill amends the current law regarding victims' rights to enhance and improve the 
communication between law enforcement agencies and prosecutors and the families of 
murder victims and missing persons and to increase public awareness of unsolved murder 
and missing person cases.  Specifically, this bill: 
1.  Requires the Department of Public Safety to establish a publicly accessible 
website that contains relevant information about open, or unsolved, murder and missing 
person cases; 
2.  Requires the law enforcement agency responsible for the investigation of an open 
murder or missing person case to hold a press conference or issue a press release annually 
on the anniversary date of the murder or the day the person was reported missing 
regarding the status of the case, unless the family of the victim requests otherwise; 
3.  Allows the family of a murder victim or missing person to seek the assistance of 
an investigative journalism organization and requires the investigating law enforcement 
agency to cooperate with the organization to the extent that cooperating does not 
jeopardize the resolution of the case; 
4.  After a case has been open for at least 10 years, allows the family to require the 
investigating law enforcement agency to seek help in solving the case from a federal law 
enforcement agency; 
5.  Requires at least annual communication by the investigating law enforcement 
agency and a victim advocate with the family of a murder victim or a missing person 
regarding the status of the case, unless the family requests otherwise.  Any change in 
status or new information regarding the case must be reported to the family within 14 
days; and 
6.  Requires that personal property that belonged to the murder victim or missing 
person in the possession of the State be returned to the family of the victim or person if it 
is determined that the property is not necessary to the investigation or prosecution of the 
case and requires the family to be notified if any other evidence collected, compiled or 
produced during the investigation is destroyed or lost. 
The actions required by this legislation are intended to be in addition to the rights of 
and responsibilities to victims and victims' families already in statute.