An Act To Increase Government Accountability”
Maine Legislature, Session 129, LD 2139
Committee Amendment CA_A_H831 (House)
Amends: 16 MRSA §807, 16 MRSA §807-A

COMMITTEE AMENDMENT “      ” to H.P. 1527, L.D. 2139, “An Act To Increase 
Government Accountability”
Amend the bill by striking out everything after the enacting clause and inserting the 
following:
'Sec. 1.  16 MRSA §807, as amended by PL 2013, c. 507, §8, is repealed.
Sec. 2.  16 MRSA §807-A is enacted to read:
§807-A.  Confirming existence or nonexistence of confidential intelligence and 
investigative record information
1.  Refusal to confirm existence or nonexistence.  A Maine criminal justice agency 
may refuse to confirm the existence or nonexistence of intelligence and investigative record 
information, whether or not the record exists or does not exist, only if there is a reasonable 
possibility that the fact of the record's existence or nonexistence would:
A.  Interfere with law enforcement proceedings related to crimes;
B.  Endanger the life or physical safety of an individual, including, but not limited to, 
a victim of domestic violence, a victim of abuse, a confidential source or law 
enforcement personnel;
C.  Constitute an unwarranted invasion of personal privacy of one or more individuals; 
or
D.  Disclose specific investigatory techniques that are not known to the general public 
and that, if disclosed, would cause the use of those techniques to be compromised.  For 
the purposes of this paragraph "specific investigatory techniques" does not include 
types of technology that might be used for investigative purposes.
2.  Appeal.  A person aggrieved by the decision of a Maine criminal justice agency 
under subsection 1 to refuse to confirm the existence or nonexistence of intelligence and 
investigative record information may, within 30 calendar days of the receipt of written 
notice from the agency, appeal that decision to the Superior Court for the county where the 
COMMITTEE AMENDMENT “      ” to H.P. 1527, L.D. 2139
COMMITTEE AMENDMENT
person resides or where the agency has its principal office.  When an appeal is filed the 
provisions of this subsection apply.
A.  Within 14 calendar days of service of the appeal, an official of the law enforcement 
agency shall file a statement of position explaining the basis of the agency's decision. 
B.  Within 14 calendar days of service of the appeal, an official of the law enforcement 
agency may file, in addition to the statement under paragraph A, an ex parte statement 
of position providing an explanation of the basis for the agency's decision if an ex parte 
explanation is necessary to avoid revealing the information withheld under subsection 
1.
C.  A court may take testimony and other evidence it determines to be necessary in the 
appeal.
D.  If a court after review of the appeal and any filings and testimony in the appeal and 
an in camera review of any ex parte statement filed by the law enforcement agency 
under paragraph B, if such a statement has been filed, determines that the agency's 
decision was not in accordance with subsection 1, the court shall enter an order 
requiring the agency to confirm the existence or nonexistence of the intelligence and 
investigative record information under subsection 1 and to further respond to the 
appellant's request as appropriate and permitted by law. 
E.  The appeal may be advanced on the court docket and receive priority over other 
cases when the court determines that the interests of justice so require.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively.
SUMMARY
This amendment is the majority report of the committee.  The amendment enacts 
authority for a Maine criminal justice agency to refuse to confirm the existence or 
nonexistence of confidential intelligence and investigative record information in specific 
circumstances.  The amendment enacts an appeal process for a person aggrieved by a 
decision of an agency not to confirm existence or nonexistence.
FISCAL NOTE REQUIRED
(See attached)
Approved: 07/27/20
LD 2139
LR 3227(02)
Correctional and Judicial Impact Statements
Fiscal Detail and Notes
Minor cost increase - General Fund
Minor revenue increase - General Fund
Minor revenue increase - Other Special Revenue Funds
The additional workload associated with the minimal number of new cases filed in the court system does not require 
additional funding at this time.
The collection of additional fine and/or fee revenue will increase General Fund and dedicated revenue by minor 
amounts.
Additional costs to the Department of Public Safety associated with this bill can be absorbed within existing budgeted 
resources.
An Act To Increase Government Accountability
Fiscal Note for Bill as Amended by Committee Amendment " "
Committee: Criminal Justice and Public Safety
Fiscal Note Required: Yes
Fiscal Note
LR3227(02) - Fiscal Note - Page 1 of 1