An Act to Ensme Release of Relevant Background Investigation Material to Current Employers of Law Enforcement and Corrections Officers
Maine Legislature, Session 131, LD 0096
Committee Amendment CA_A_H90 (House)
Amends: 25 MRSA §2805-B

COMMITTEE AMENDMENT" A "to HP 64, L D 96, "An Act to Ensme Release 
of Relevant Background Investigation Material to Current Employers of Law Enforcement 
and Corrections Officers" 
Amend the bill by stnking out everything after the enacting clause and msertmg the 
following 
'Sec. 1. 25 MRSA §2805-B, sub-§4, ~' as enacted by PL 2021, c 256, §1, 1s 
amended to read 
B The apphcant shall sign a request that an employing agency release all employment 
records to a hmng agency For the purposes of the employment apphcat10n, the request 
fonn must mclude a waiver of any rights that the applicant has to the privacy of the 
employment records, mcluding those rights related to the exchange of mformatlon 
resultmg from a background mvestlgat10n or polygraph exammat10n under subsection 
between the employing agency and the hn mg agency The request form must be 
signed by the applicant and the signature must be witnessed The board shall adopt 
rules establishing a standard request and waiver fonn Rules adopted pursuant to this 
paragraph are routme technical rules as defined by Title 5, chapte1 375, subchapter 2-A 
Sec. 2. 25 MRSA §2805-B, sub-§5, as enacted by PL 2021, c 256, §2, is amended 
to read 
5. Release of the results of a background mvest1gation or polygraph examination. 
When a background mvestlgatlon or polygraph exammat10n has been perfonned on a law 
enforcement officer 01 con ect1ons officer and the results indicate probable cause to believe 
that the officer is or has been involved in cnmmal activity, the head of the law enforcement 
agency, correctional fac1hty or county or iegional Jail that conducted the mvest1gat10n 01 
examination or for whom the investigation or examination was perfonned shall 1 el ease the 
results of the mvestigatlon or examination to the head of the law enforcement agency, 
correctional facility or county or regional jail that employs the law enf01 cement officei 01 
corrections officer 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT" A" to HP 64, L D 96 
The head of the law enforcement agency, correctional facility or county or reg10nal 1ail that 
conducted the background mvestlgat10n or polygraph examination of the law enforcement 
officer or corrections officer, or for whom the mvestlgatton or exammat1on was performed, 
is immune from civil or crimmal habihty foi releasing mfonnatton gathered durmg the 
mvestigatlon or exammation to the head of the law enforcement agency, correctional 
facility or county or reg10nal 1ail that employs the law enforcement officer or corrections 
officer' 
I 
Amend the bill by relettermg or renumbermg any nonconsecutive Part letter or section 
number to read consecutively 
SUMMARY 
This amendment replaces the bill and clarifies that when a law enforcement officer or 
corrections officei who is employed by a law enforcement agency, correctional facihty or 
county or regional Jail, or who was employed withm 90 days prior to making an application 
for employment, applies for a new position with a law enforcement agency, c01rect1onal 
facility or county or regional Jail, that applicant is reqmred to sign a release waivmg the 
applicant's rights to privacy m the exchange of mfonnat10n resultmg from a background 
mvestlgat10n or polygraph exammation conducted for the purposes of the employment 
application 
The amendment also specifies that the head of the law enforcement agency, 
correctional facility or county or reg10nal Jail that conducted the background mvestlgatlon 
or polygraph examination, or for whom the investigation or exammation was conducted, 1s 
immune ft om civil or cnmmal liability for sharmg the mfonnat1on gathered from the 
mvestlgation or examinat10n with the head of the law enforcement agency, correctional 
facihty or county or reg10nal Jail that employs the law enforcement officer or corrections 
officer 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
( 
Approved 02/21/23 ~ae:. 
LD96 
LR 115(02) 
An Act to Ensure Release of Relevant Background Investigation Material to Current Employers of 
Law Enforcement and Corrections Officers 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment'~' ( \-\- q 6) 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Mmor cost increase - General Fund 
Any add1t10nal costs to the Department of Pubhc Safety associated with this leg1slat1on can be absorbed w1thm 
ex1stmg budgeted resources 
LROl 15(02) - Fiscal Note - Page 1 of 1