An Act To Establish an Independent Board To Review Law Enforcement Officer-involved Deaths
Maine Legislature, Session 129, LD 1219
Committee Amendment CA_A_H644 (House)
Amends: 5 MRSA §200-K, 5 MRSA §12004

COMMITTEE AMENDMENT A " 
to H.P. 879, L.D. 1219, Bill, "An Act To 
Establish an Independent Board To Review Law Enforcement Officer-involved Deaths" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Establish an Independent Panel To Review the Use of Deadly Force by 
Law Enforcement Officers' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 5 MRSA §200-K is enacted to read: 
§200-K. Deadly Force Review Panel 
There is created. within the Office of the Attorney General, the Deadly Force Review 
Panel. referred to in this section as "the panel." The panel must. to the extent practicable. 
include members that reflect the diversity of Maine's racial. gender. indigenous and tribal 
demographics. 
1. Composition. The panel is composed of 15 members as follows: 
A. The Commissioner of Public Safety. ex officio; 
B. The director of investigations for the Office of the Attorney General. ex officio: 
C. The Director of the Maine Criminal Justice Academy. ex officio: 
D. The Chief Medical Examiner. ex officio: 
E. An attorney who represents plaintiffs in actions under 42 United States Code. 
Section 1983 appointed by the Attorney General: 
F. A municipal police chief appointed by the Attorney General: 
G. A county sheriff appointed by the Attorney General: 
H. A mental health professional appointed by the Attorney General: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 879, L.D. 1219 
I. 
A representative of a statewide collective bargaining organization for law 
enforcement employees appointed by the Attorney General: 
J. A representative of a statewide civil rights organization whose primary mission is 
related to racial justice appointed by the Attorney General: 
K. An attorney who represents defendants in actions under 42 United States Code, 
Section 1983 appointed by the Attorney General: 
L. A criminal prosecutor appointed by the Attorney General; and 
M. Three citizens, each of whom is not and has never been a sworn law enforcement 
officer. appointed by the Attorney General. 
2. Designees; terms of office. An ex officio member of the panel may appoint a 
designee to represent the ex officio member on the panel for one or more meetings. A 
designee, once appointed, qualifies as a full voting member of the panel and may hold 
office and enjoy all the other rights and privileges of full membership on the panel. The 
appointed members of the panel serve for a term of 3 years. Any vacancy on the panel 
must be filled in the same manner as the original appointment for the unexpired term. 
3. Meetings; officers. The Attorney General shall call the first meeting before 
January 1, 2020. The panel shall organize initially and annually thereafter by electing a 
chair and a vice-chair from among its members. The vice-chair shall also serve as 
secretary. The panel shall meet at such time or times as may be reasonably necessary to 
carry out its duties, but it shall meet at least once in each calendar quarter at such place 
and time as the panel determines and it shall meet at the call of the chair. 
4. Powers and duties. The panel shall examine deaths or serious injuries resulting 
from the use of deadly force by a law enforcement officer after the Attorney General has 
completed the investigation of the use of deadly force under section 200-A. The mu:pose 
of such examinations is to identify whether there was compliance with accepted and best 
practices under the particular circumstances and whether the practices were sufficient for 
the particular circumstances or whether the practices require adjustment or improvement. 
The panel shall recommend methods of improving standards, including changes to 
statutes, rules, training, policies and procedures designed to ensure incorporation of best 
practices that demonstrate increased public safety and officer safety. 
5. Access to information and records. In any case subject to review by the panel, 
unless prohibited by federal law and notwithstanding any provision of law to the contrary, 
upon oral or written request of the panel, any person who possesses information or 
records that are necessary and relevant to a panel review shall as soon as practicable 
provide the panel with the information and records. Persons disclosing or providing 
information or records upon request of the panel are not criminally or civilly liable for 
disclosing or providing information or records in compliance with this subsection. The 
panel in its discretion may consult with content experts or other professionals and discuss 
necessary information or records within the scope of such consultations. 
6. Confidentiality. The proceedings of the panel are not public proceedings and the 
records of the panel are confidential and are not subject to subpoena, discovery or 
introduction into evidence in a civil or criminal action. The Legislature may inspect and 
review records covered by this subsection under conditions that protect the information 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT'~ "to H.P. 879, L.D. 1219 
from further disclosure. The Office of the Attorney General shall disclose conclusions of 
the panel but may not disclose information. records or data that are otherwise classified as 
confidential. 
7. Incident examination and annual reports. Within 30 days of the conclusion of 
the examination of the use of deadly force by a law enforcement officer under subsection 
4. the panel shall submit a report on the panel's activities, conclusions and 
recommendations with regard to the incident to the joint standing committee of the 
Legislature having jurisdiction over judiciary matters. The panel shall submit a report by 
January 30. 2021. and annually thereafter, that summarizes the panel's meetings and the 
incidents of the use of deadly force by law enforcement officers that resulted in deaths or 
serious injuries that the panel examined in the preceding year. 
Sec. 2. 5 MRSA §12004-1, sub-§74-J is enacted to read: 
74-J. 
Public Safety 
Deadly Force 
Review Panel 
Not Authorized 
SUMMARY 
MRSA §200-K 
This amendment replaces the bill and revises the title to reflect that the panel will 
review use of deadly force by law enforcement officers, not just officer-related deaths. 
The amendment establishes a panel of 15 members. The following are ex officio 
members, although each may appoint a designee to attend meetings and participate as a 
panel member: the Commissioner of Public Safety; the Director of Investigations for the 
Office of the Attorney General; the Director of the Maine Criminal Justice Academy; and 
the Chief Medical Examiner. The remaining members are appointed by the Attorney 
General: an attorney who represents plaintiffs in actions under 42 United States Code, 
Section 1983; a municipal police chief; a county sheriff; a mental health professional; a 
representative of a statewide collective bargaining law enforcement organization; a 
representative of a statewide civil rights organization; an attorney who represents 
defendants in actions under 42 United States Code, Section 1983; a criminal prosecutor; 
and 3 citizens, each of whom is not and has never been a sworn law enforcement officer. 
The panel is directed to select a chair and a vice-chair and must meet at least 
quarterly. The Attorney General must call the first meeting before January 1, 2020. 
The panel examines deaths and serious injuries that result from a law enforcement 
officer's use of deadly force. The panel will wait to conduct its examination until the 
Attorney General conducts the investigation of the use of deadly force by a law 
enforcement officer as required in current law. The purpose of the examinations is to 
identify whether there was compliance with accepted and best practices under the 
particular circumstances and whether the practices were sufficient for the particular 
circumstances or whether the practices require adjustment or improvement. The panel 
must recommend methods of improving standards, including changes to statutes, rules, 
training, policies and procedures designed to ensure incorporation of best practices that 
demonstrate increased public safety or officer safety. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to H.P. 879, L.D. 1219 
The panel may request information and records that are necessary and relevant to the 
review. Persons providing information or records are not criminally or civilly liable for 
disclosing or providing information or records as directed by the panel. The panel may 
consult with content experts and other professionals and discuss necessary information or 
records within the scope of the consultations. 
The proceedings of the panel are not public proceedings and records of the panel are 
confidential and are not subject to subpoena, discovery or introduction into evidence in a 
civil or criminal action. To ensure oversight, the Legislature may inspect and review the 
records, but it must be under conditions that ensure the information is not further 
disclosed. The Office of the Attorney General shall disclose conclusions of the review 
panel but may not disclose information, records or data that are otherwise classified as 
confidential. 
The panel is directed to submit a report on each incident it reviews, as well as annual 
reports summarizing its activities, to the joint standing committee of the Legislature 
having jurisdiction over judiciary matters beginning January 30, 2021. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 06/14/19 ha~ 
LD 1219 
LR985(02) 
An Act To Establish an Independent Board To Review Law Enforcement Officer-involved Deaths 
Fiscal Note for Bill as Amended by Committee Amendment /J,{lf-6</1 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Any additional costs to the departments whose commissioners are required to serve on the Deadly Force Review Panel 
are assumed to be minor and can be absorbed within existing budgeted resources. 
LR0985(02) - Fiscal Note - Page 1 of 1