Maine Legislature, Session 131, LD 1149
Committee: Judiciary
Sponsors: HICKMAN, LEE, BAILEY, BRAKEY, CARNEY, DUSON, BOYER, HASENFUS, MOONEN, POIRIER

Legislative Document
No. 1149
S.P. 476
In Senate, March 13, 2023
RESOLUTION, Proposing an Amendment to the Constitution of 
Maine to Strengthen the Due Process Rights of Persons Accused by 
Requiring Notification of Those Rights
Reference to the Committee on Judiciary suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator HICKMAN of Kennebec.
Cosponsored by Representative LEE of Auburn and
Senators: BAILEY of York, BRAKEY of Androscoggin, CARNEY of Cumberland, DUSON 
of Cumberland, Representatives: BOYER of Poland, HASENFUS of Readfield, MOONEN of 
Portland, POIRIER of Skowhegan.
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Constitutional amendment. Resolved: Two thirds of each branch of the 
Legislature concurring, that the following amendment to the Constitution of Maine be 
proposed:
Constitution, Art. I, §6 is amended to read:
Section 6.  Rights of persons accused.  In all criminal prosecutions, the accused 
shall have a right to be heard by the accused and counsel to the accused, or either, at the 
election of the accused;
To demand the nature and cause of the accusation, and have a copy thereof;
To be confronted by the witnesses against the accused;
To have compulsory process for obtaining witnesses in favor of the accused;
To have a speedy, public and impartial trial, and, except in trials by martial law or 
impeachment, by a jury of the vicinity. The accused shall not be compelled to furnish or 
give evidence against himself or herself, nor be deprived of life, liberty, property or 
privileges, but by judgement of that person's peers or the law of the land.
The accused has a right to be notified of the rights described by this section before a 
custodial interrogation.
Constitutional referendum procedure; form of question; effective date.  
Resolved:  That the municipal officers of this State shall notify the inhabitants of their 
respective cities, towns and plantations to meet, in the manner prescribed by law for holding 
a statewide election, at a statewide election held in the month of November following the 
passage of this resolution, to vote upon the ratification of the amendment proposed in this 
resolution by voting upon the following question:
"Do you favor amending the Constitution of Maine to establish an accused 
person's right to be notified of the person's rights before a custodial 
interrogation in a criminal investigation?"
The legal voters of each city, town and plantation shall vote by ballot on this question 
and designate their choice by a cross or check mark placed within the corresponding square 
below the word "Yes" or "No."  The ballots must be received, sorted, counted and declared 
in open ward, town and plantation meetings and returns made to the Secretary of State in 
the same manner as votes for members of the Legislature.  The Governor shall review the 
returns.  If it appears that a majority of the legal votes are cast in favor of the amendment, 
the Governor shall proclaim that fact without delay and the amendment becomes part of 
the Constitution of Maine on the date of the proclamation.
Secretary of State shall prepare ballots.  Resolved:  That the Secretary of State 
shall prepare and furnish to each city, town and plantation all ballots, returns and copies of 
this resolution necessary to carry out the purposes of this referendum.
SUMMARY
This resolution proposes to amend the Constitution of Maine to establish an accused 
person's right to be notified of the person's rights before a custodial interrogation in a 
criminal investigation.