An Act To Amend the Intelligence and Investigative Record Information Act To Ensure Government Transparency and To Protect the Privacy and Safety of the Public
Maine Legislature, Session 130, LD 0015
Committee: Judiciary
Sponsors: DESCHAMBAULT
Amends: 16 MRSA §807, 16 MRSA §807-A

Legislative Document
No. 15
S.P. 22
In Senate, January 13, 2021
An Act To Amend the Intelligence and Investigative Record 
Information Act To Ensure Government Transparency and To 
Protect the Privacy and Safety of the Public
Submitted by the Department of Public Safety pursuant to Joint Rule 204.
Received by the Secretary of the Senate on January 11, 2021.  Referred to the Committee 
on Judiciary pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator DESCHAMBAULT of York.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  16 MRSA §807, as amended by PL 2013, c. 507, §8, is repealed.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 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 a record that is or contains 
intelligence and investigative record information, whether or not the information 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 a record that is or 
contains 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 person resides or where the agency has its principal office. With 
respect to an appeal under this subsection:
A.  Within 14 calendar days of service of the appeal, an official of the Maine criminal 
justice agency shall file with the court a statement of position explaining the basis for 
the agency's decision;
B.  Within 14 calendar days of service of the appeal, an official of the Maine criminal 
justice agency may file with the court, 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.  The court may take testimony and other evidence it determines to be necessary in 
the appeal;
D.  If the 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 Maine criminal justice 
agency under paragraph B 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 record that is or contains intelligence and investigative 
record information under subsection 1 and to further respond to the appellant's request 
as appropriate and permitted by law; and
E.  The appeal may be advanced on the court docket and receive priority over other 
cases if the court determines that the interests of justice so require.
SUMMARY
This bill amends the Intelligence and Investigative Record Information Act to allow 
Maine criminal justice agencies to refuse to confirm the existence or nonexistence of a 
record that is or contains intelligence and investigative record information, but only in the 
circumstances specified in the bill. Current law broadly prohibits Maine criminal justice 
agencies from confirming the existence or nonexistence of such information to any person 
or public or private entity that is not eligible to receive the information.
The bill also enacts an appeal process for a person aggrieved by a decision of an agency 
to refuse to confirm the existence or nonexistence of a record that is or contains intelligence 
and investigative record information.