An Act to Establish the Criminal Records Review Commission
Maine Legislature, Session 131, LD 2252
Committee: Judiciary
Amends: 5 MRSA §12004-I, 16 MRSA §901

Legislative Document
No. 2252
H.P. 1444
House of Representatives, March 5, 2024
An Act to Establish the Criminal Records Review Commission
Reported by Representative MOONEN of Portland for the Joint Standing Committee on 
Judiciary pursuant to Resolve 2023, chapter 103, section 7.
Reference to the Committee on Judiciary suggested and ordered printed pursuant to Joint 
Rule 218.
ROBERT B. HUNT
Clerk
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §12004-I, sub-§52-D is enacted to read:
52-D. 
Judiciary: 
Criminal 
Records 
Criminal Records Review Commission
Legislative Per 
Diem and 
Expenses for 
Legislators
MRSA 
§901
Sec. 2.  16 MRSA c. 11 is enacted to read:
CHAPTER 11
CRIMINAL RECORDS REVIEW COMMISSION
§901. Establishment
The Criminal Records Review Commission, established by Title 5, section 12004-I, 
subsection 52-D and referred to in this chapter as "the commission," is established for the 
purpose of conducting a continuing review of laws, rules and procedures related to criminal 
history record information and reporting to the Legislature its findings and 
recommendations on an annual basis. 
§902. Membership; terms; chair; vacancies; quorum
1. Membership. The commission consists of the following members: 
A.  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;
B.  Two members of the House of Representatives, appointed by the Speaker of the 
House of Representatives, including one member from each of the 2 parties holding 
the largest number of seats in the Legislature;
C.  The Attorney General or the Attorney General's designee;
D.  The Commissioner of Health and Human Services or the commissioner's designee;
E.  The Commissioner of Public Safety or the commissioner's designee;
F.  The Commissioner of Corrections or the commissioner's designee;
G.  The chair of the Right To Know Advisory Committee, established in Title 1, section 
411, or the chair's designee;
H.  The president of an organization representing the interests of prosecutors in the 
State, or the president's designee, appointed by the President of the Senate;
I.  The president of an organization representing criminal defense lawyers in the State, 
or the president's designee, appointed by the President of the Senate;
J.  A representative of a civil rights organization whose primary mission includes the 
advancement of racial justice, appointed by the President of the Senate;
K.  A representative of an organization that provides legal assistance on immigration, 
appointed by the President of the Senate;
L.  A representative of an organization whose primary mission is to address issues 
related to poverty, appointed by the President of the Senate;
M.  A representative of a statewide nonprofit organization whose mission includes 
advocating for victims and survivors of domestic violence, appointed by the President 
of the Senate;
N.  A representative of a substance use disorder treatment or recovery community, 
appointed by the President of the Senate;
O.  A representative of an adult and juvenile prisoners' rights organization, appointed 
by the President of the Senate;
P.  A representative of newspaper and other press interests, appointed by the President 
of the Senate;
Q.  The president of an organization representing county sheriffs, or the president's 
designee, appointed by the Speaker of the House of Representatives;
R.  The president of an organization representing municipal police chiefs, or the 
president's designee, appointed by the Speaker of the House of Representatives;
S.  A representative of broadcasting interests, appointed by the Speaker of the House 
of Representatives;
T.  A representative of a statewide nonprofit organization whose mission includes 
advocating for victims and survivors of sexual assault, appointed by the Speaker of the 
House of Representatives;
U.  A representative of an organization that provides free civil legal assistance to 
citizens of the State with low incomes, appointed by the Speaker of the House of 
Representatives;
V.  A representative of a mental health advocacy organization, appointed by the 
Speaker of the House of Representatives;
W.  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;
X.  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;
Y.  A representative of an organization involved in advocating for juvenile justice 
reform, appointed by the Speaker of the House of Representatives; and
Z.  A representative of a public records access advocacy organization, appointed by the 
Speaker of the House of Representatives.
The commission 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 commission.  
2. Terms. Members of the commission who are Legislators serve during the term of 
office for which they were elected. Other members of the commission serve for a term of 
years and may be reappointed. Members may serve beyond their designated terms until 
their successors are appointed.  
3. Chair. The first-named Senate member is the Senate chair and the first-named House 
member is the House chair of the commission.  
4. Vacancies. In the event of a vacancy on the commission, the member's unexpired 
term must be filled through appointment by the appointing authority for the vacant seat. 
5. Quorum. A quorum of the commission consists of 15 members.
§903. Duties and powers
1. Review of laws, rules and procedures. The commission shall review laws, rules 
and procedures pertaining to criminal history record information in this State, including but 
not limited to: 
A.  Procedures within the Department of Public Safety regarding the collection, 
maintenance and dissemination of criminal history record information;
B.  The criteria and eligibility for sealing criminal history record information; 
C.  Public access to criminal history record information; and
D.  The expungement, sealing and vacating of criminal history record information.
2. Recommendations; legislation. The commission may submit to the Legislature, at 
the start of each regular session, changes in the laws related to criminal history record 
information that the commission determines appropriate. The commission may also make 
recommendations to the Department of Public Safety, the Chief Justice of the Supreme 
Judicial Court, the judicial branch's advisory committee on the Maine Rules of Unified 
Criminal Procedure and any other organization or committee whose affairs pertain to the 
use, maintenance or dissemination of criminal history record information.
§904. Consultation; outside funding
1. Consultation. At the commission’s discretion, the commission may seek the advice 
of consultants or experts, including representatives of the executive and judicial branches 
of State Government and representatives of public interest organizations, in fields related 
to its duties.  
2. Outside funding. The commission may seek funding contributions to partially or 
fully fund the costs of the commission. All funding is subject to approval by the Legislative 
Council in accordance with its policies. 
SUMMARY
This bill implements a recommendation of the Criminal Records Review Committee 
established pursuant to Resolve 2023, chapter 103. The bill establishes the Criminal 
Records Review Commission. The commission members include Legislators, Executive 
Department commissioners or their designees and leaders and representatives from various 
organizations. The commission's duties include reviewing laws, rules and procedures 
pertaining to criminal history record information in this State. The commission may submit 
legislation to the Legislature at the start of each regular session and may also make 
recommendations to the Department of Public Safety, the Chief Justice of the Supreme 
Judicial Court, the judicial branch's advisory committee on the Maine Rules of Unified 
Criminal Procedure and any other organization or committee whose affairs pertain to the 
use, maintenance or dissemination of criminal history record information. The commission 
may consult with outside experts in fields related to its duties and may seek funding to 
partially or fully fund its costs. Members, other than legislative members, are not entitled 
to receive a legislative per diem or reimbursement of expenses.