An Act To Establish an Independent Board To Review Law Enforcement Officer-involved Deaths
Maine Legislature, Session 129, LD 1219
Committee: Judiciary
Sponsors: EVANGELOS, LIBBY, COLLINGS, PLUECKER, RECKITT, RISEMAN, TALBOT ROSS, WARREN, CHIPMAN, MIRAMANT
Amends: 5 MRSA §12004-J, 14 MRSA §8102, 25 MRSA §3851

Legislative Document
No. 1219
H.P. 879
House of Representatives, March 12, 2019
An Act To Establish an Independent Board To Review Law 
Enforcement Officer-involved Deaths
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative EVANGELOS of Friendship.
Cosponsored by Senator LIBBY of Androscoggin and
Representatives: COLLINGS of Portland, PLUECKER of Warren, RECKITT of South 
Portland, RISEMAN of Harrison, TALBOT ROSS of Portland, WARREN of Hallowell, 
Senators: CHIPMAN of Cumberland, MIRAMANT of Knox.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §12004-J, sub-§18 is enacted to read:
18.  
Sec. 2.  14 MRSA §8102, sub-§1, as amended by PL 2003, c. 489, §1, is further 
amended to read:
1.  Employee.  "Employee" means a person acting on behalf of a governmental entity 
in any official capacity, whether temporarily or permanently, and whether with or without 
compensation from local, state or federal funds, including elected or appointed officials; 
volunteer firefighters as defined in Title 30-A, section 3151; emergency medical service 
personnel; members and staff of the Consumer Advisory Board pursuant to Title 34-B, 
section 1216; members of the Maine National Guard but only while performing state 
active service pursuant to Title 37-B; sheriffs' deputies as defined in Title 30-A, section 
when they are serving orders pursuant to section 3135; members of the Independent 
Board To Review Law Enforcement Officer-involved Deaths pursuant to Title 25, section 
3851; and persons while performing a search and rescue activity when requested by a 
state, county or local governmental entity, but the term "employee" does not mean a 
person or other legal entity acting in the capacity of an independent contractor under 
contract to the governmental entity.
Sec. 3.  25 MRSA c. 411 is enacted to read:
CHAPTER 411
INDEPENDENT BOARD TO REVIEW LAW ENFORCEMENT OFFICER-
INVOLVED DEATHS
§3851.  Independent Board To Review Law Enforcement Officer-involved Deaths
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Board" means the Independent Board To Review Law Enforcement Officer-
involved Deaths.
B.  "Law enforcement agency" has the same meaning as in section 3701, subsection 
1.
C.  "Law enforcement officer" has the same meaning as in section 3701, subsection 3 
and includes a corrections officer, as defined in section 2801-A, subsection 2.
Public Safety
Independent Board 
To Review Law 
Enforcement 
Officer-involved 
Deaths
Expenses Only
MRSA §3851
D.  "Officer-involved death" means a death of an individual that results directly from 
the act or omission of a law enforcement officer while the officer is on duty or while 
the officer is off duty but performing activities that are within the scope of the 
officer's duties.
2.  Independent Board To Review Law Enforcement Officer-involved Deaths 
established.  The Independent Board To Review Law Enforcement Officer-involved 
Deaths, as established in Title 5, section 12004-J, subsection 18, is an independent board 
responsible for reviewing investigations of incidents of officer-involved death.
3.  Membership of board; appointment.  The board consists of 7 members 
appointed by the Attorney General as follows:
A.  Two employees in the Office of the Attorney General;
B.  Two persons recommended by a recognized statewide organization representing 
criminal defense attorneys;
C.  One member of the clergy recommended by a recognized statewide 
nondenominational organization representing religious interests;
D.  One person recommended by the Maine Sheriffs' Association or successor 
organization; and
E.  One person recommended by a nationally recognized organization that advocates 
for civil rights and minorities.
4.  Term; chair.  Members are appointed to serve a 3-year term.  The members shall 
elect one member to serve as chair for at least a 2-year term.
5.  Staff assistance; support.  The Office of the Attorney General shall provide 
necessary staff assistance and administrative support to the board.
6.  Compensation.  A member of the board serves without compensation but must be 
reimbursed for expenses, including travel expenses, incurred in the performance of the 
member's duties.
7.  Duties.  In a case of an officer-involved death, the board shall determine the facts 
of the incident, including reviewing all notes, data and reports of the law enforcement 
officer and the law enforcement agency involved in or responding to the incident; 
interviewing witnesses and experts; and collecting other information concerning the 
incident that the board determines relevant.  The board may collaborate with or seek 
guidance from other state and federal law enforcement agencies with experience in 
officer-involved deaths, including an incident review team convened by the Maine 
Criminal Justice Academy.  After reviewing the information the board determines 
relevant, the board shall issue recommendations to the prosecuting attorney of the county 
in which the incident occurred or, if the prosecuting attorney is the Attorney General, the 
Attorney General within 90 days of the incident unless the board requests an extension of 
time from the Attorney General.  The board shall also issue a public report with its 
findings and recommendations that the Attorney General shall publish on its publicly 
accessible website.
8.  Immunity.  Except when the plaintiff is the State, the provisions of Title 14, 
section 8111 apply to a member of the board in performing the member's official duties 
of the board.
Sec. 4.  Staggered terms.  Notwithstanding the provisions of the Maine Revised 
Statutes, Title 25, section 3851, subsection 4, of the initial appointees of the Independent 
Board To Review Law Enforcement Officer-involved Deaths, 2 are appointed for one-
year terms, 2 are appointed for 2-year terms and 3 are appointed for 3-year terms, 
according to a random lot drawing by the Attorney General.
SUMMARY
This bill establishes the Independent Board To Review Law Enforcement Officer-
involved Deaths to review investigations by law enforcement agencies concerning deaths 
involving law enforcement officers and to issue recommendations to the prosecuting 
attorneys or Attorney General.  The board consists of 7 members appointed to 3-year 
terms, and members of the board are conferred immunity in performing their duties on 
the board, except when the plaintiff is the State.  The bill requires the board to issue a 
public report of its findings and conclusions for every officer-involved death in the State.