An Act To Limit the Dissemination of Certain Criminal Records
Maine Legislature, Session 129, LD 0764
Committee Amendment CA_A_H614 (House)

COMMITTEE AMENDMENT "If,, to H.P. 569, L.D. 764, Bill, "An Act To Limit 
the Dissemination of Certain Criminal Records" 
Amend the bill by striking out the title and substituting the following: 
'Resolve, To Create the Criminal Records Review Committee' 
Amend the bill by striking out everything after the title and inserting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the definition of appropriate access to criminal records is evolving as 
society changes its thinking with regard to sentencing, punishment, rehabilitation and 
fresh starts; and 
Whereas, the treatment of convictions for conduct that is no longer criminal is 
subject to reevaluation; and 
Whereas, the separation of powers concept enshrined in the Constitution of Maine 
limits the options available for reducing access to criminal records; and 
Whereas, the Criminal Records Review Committee is established in this resolve to 
develop a proposed policy on the appropriate access to criminal records; and 
Whereas, the work of the committee must be initiated before the 90-day period 
expires in order that the work may be completed and a report submitted in time for 
submission to the next legislative session; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, be it 
Sec. 1. Review committee established. Resolved: That the Criminal Records 
Review Committee, referred to in this resolve as "the review committee, 
is established. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT •ft" to H.P. 569, L.D. 764 
Sec. 2. Review committee membership. Resolved: That, notwithstanding 
Joint Rule 353, the review committee consists of 15 members appointed as follows: 
1. Two members of the Senate appointed by the President of the Senate, including 
one member from each of the 2 parties holding the largest number of seats in the 
Legislature; 
2. Three members of the House of Representatives appointed by the Speaker of the 
House of Representatives, including at least one member from each of the 2 parties 
holding the largest number of seats in the Legislature; 
3. The Attorney General or the Attorney General's designee; 
4. The Commissioner of Public Safety or the commissioner's designee; 
5. The President of the Maine Prosecutors Association or the president's designee; 
. 
6. The President of the Maine Association of Criminal Defense Lawyers or the 
president's designee; 
7. The President of the Maine Sheriffs' Association or the president's designee; 
8. A representative of a civil rights organization whose primary mission includes the 
advancement of racial justice, appointed by the President of the Senate; 
9. A representative of a nonprofit organization whose mission includes advocating 
for victims and survivors of domestic violence or sexual assault, appointed by the 
President of the Senate; 
10. A representative of a civil liberties organization whose primary mission is the 
protection of civil liberties, appointed by the Speaker of the House of Representatives; 
and 
11. 
A representative of a nonprofit organization whose primary mission is to 
advocate for victims and survivors of sexual exploitation and sex trafficking, appointed 
by the Speaker of the House of Representatives. 
The review committee shall invite the Chief Justice of the Supreme Judicial Court to 
designate a member of the judicial branch to serve as a member of the committee. 
Sec. 3. Chairs. Resolved: That the first-named Senate member is the Senate 
chair and the first-named House of Representatives member is the House chair of the 
review committee. 
Sec. 4. Appointments; convening of review committee. Resolved: That all 
appointments must be made no later than 30 days following the effective date of this 
resolve. The appointing authorities shall notify the Executive Director of the Legislative 
Council once all appointments have been completed. After appointment of all members, 
the chairs shall call and convene the first meeting of the review committee. If 30 days or 
more after the effective date of this resolve a majority of but not all appointments have 
7 
been made, the chairs may request authority and the Legislative Council may grant 
authority for the review committee to meet and conduct its business. 
Sec. 5. Duties. Resolved: That the review committee shall: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "/f" to H.P. 569, L.D. 764 
1. Review activities in other states that address the expungement of, sealing of and 
otherwise limiting public access to criminal records; 
2. 
Consider whether the following convictions should be subject to different 
treatment: 
A. Convictions for conduct that has been decriminalized in this State over the last 10 
years and conduct that is currently under consideration for decriminalization; and 
B. Convictions for conduct that was committed by victims and survivors of sexual 
exploitation and sex trafficking; 
3. Consider whether there is a time limit after which some or all criminal records 
should not be publicly available; 
4. Invite comments and suggestions from interested parties, including but not limited 
to victim advocates and prison and correctional reform organizations; 
5. Review existing information about the harms and benefits of making criminal 
records confidential; 
6. Invite comments and suggestions concerning the procedures and processes to limit 
public accessibility of criminal records; 
7. Consider who, if anyone, should continue to have access to criminal records that 
are not publicly available; and 
8. Develop options to manage criminal records. 
Sec. 6. Staff assistance. Resolved: That the Legislative Council shall provide 
necessary staffing services to the review committee, except that Legislative Council staff 
support is not authorized when the Legislature is in regular or special session. 
Sec. 7. Report. Resolved: That, no later than December 4, 2019, the review 
committee shall submit to the Joint Standing Committee on Judiciary a report that 
includes its findings and recommendations, including suggested legislation, for 
presentation to the Second Regular Session of the 129th Legislature. 
Sec. 8. Outside funding. Resolved: That the review committee shall seek 
funding contributions to fully fund the costs of the study. All funding is subject to 
approval by the Legislative Council in accordance with its policies. If sufficient 
contributions to fund the study have not been received within 30 days after the effective 
date of this resolve, no meetings are authorized and no expenses of any kind may be 
incurred or reimbursed. 
Sec. 9. Appropriations and allocations. Resolved: 
That the following 
appropriations and allocations are made. 
LEGISLATURE 
Study Commissions - Funding 0444 
Initiative: Allocates funds for the one-time costs to the Legislature of the Criminal 
Records Review Committee. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 569, L.D. 764 
OTHER SPECIAL REVENUE FUNDS 
Personal Services 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2019-20 
$1,100 
$1,650 
$2,750 
2020-21 
$0 
$0 
$0 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment strikes the bill and replaces it with a resolve that establishes the 
Criminal Records Review Committee, consisting of 15 members, including a member 
representing the judicial branch if one is designated by the Chief Justice of the Supreme 
Judicial Court. 
The review committee is directed to look at all issues concerning limiting public 
availability of criminal records and to provide recommendations to the Joint Standing 
Committee on Judiciary by December 4, 2019. The review committee's funding must 
come from outside sources. The amendment also adds an appropriations and allocations 
section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 06/12/19 fe.ae 
LD764 
LR655(02) 
An Act To Limit the Dissemination of Certain Criminal Records 
Fiscal Note for Bill as Amended by Committee Amendment .Jr.( JI-ft,/~ 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
FY2019-20 
FY2020-21 
Projections 
FY2021-22 
Projections 
FY2022-23 
Appropriations/Allocations 
Other Special Revenue Funds 
Fiscal Detail and Notes 
$2,750 
$0 
$0 
$0 
Allocates $2,750 in fiscal year 2019-20 for the one-time costs to the Legislature of the Criminal Records Review 
Committee. The review committee is required to seek outside funding to fully fund the costs of the study. The 
additional costs incurred by other departments and agencies to participate in the work of the Criminal Records Review 
Committee are expected to be minor and can be absorbed within existing budgeted resources. 
LR0655(02) - Fiscal Note - Page 1 of 1