An Act to Establish Disclosure Requirements Regarding Law
Maine Legislature, Session 132, LD 1671
Committee: Criminal Justice and Public Safety
Sponsors: LEE

Legislative Document
No. 1671
H.P. 1106
House of Representatives, April 17, 2025
An Act to Establish Disclosure Requirements Regarding Law 
Enforcement Officer Credibility Information
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative LEE of Auburn.
Cosponsored by Representatives: BABIN of Fort Fairfield, BISHOP of Bucksport, BUNKER 
of Farmington, HASENFUS of Readfield, HENDERSON of Rumford, LAJOIE of Lewiston, 
O'HALLORAN of Brewer, SALISBURY of Westbrook.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  25 MRSA c. 415 is enacted to read:
CHAPTER 415
LAW ENFORCEMENT OFFICER CREDIBILITY INFORMATION 
DISCLOSURE REQUIREMENTS
§3881. Definitions.
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1. Chief law enforcement officer. "Chief law enforcement officer" means the 
officially appointed or elected head of a law enforcement agency.
2. Credibility information. "Credibility information" means:
A. A sustained finding that a law enforcement officer:
(1) Has knowingly made an untruthful statement concerning a material fact or 
knowingly omitted a material fact in any capacity or circumstance;
(2) Has demonstrated a pattern of bias based on race, religion, ethnicity, gender, 
sexual orientation, age, disability, national origin or any other protected class;
(3) Is alleged to have committed or been charged with a felony or a crime involving 
dishonesty;
(4) Has intentionally violated the constitutional or statutory rights of others; or
(5) Has tampered with or fabricated evidence;
B. Facts reflecting a law enforcement officer's impaired ability to perceive or recall the 
truth of a matter;
C. A publicly aired allegation against a law enforcement officer claiming the officer to 
be untruthful or biased; and
D. Facts reflecting that a law enforcement officer resigned from another law 
enforcement agency after being accused of misconduct adversely reflecting the 
officer's truthfulness, bias or commission of any crime.
3. Involved law enforcement officer. "Involved law enforcement officer" means a law 
enforcement officer who is the subject of a report for credibility information under section 
3882, subsection 1.
4. Law enforcement agency. "Law enforcement agency" has the same meaning as in 
section 3701, subsection 1.
5. Law enforcement officer. "Law enforcement officer" has the same meaning as in 
section 2801-A, subsection 5 and includes a volunteer or employee who performs or aids a 
law enforcement function.
6. Prosecuting attorney's office. "Prosecuting attorney's office" means, as applicable, 
the Office of the District Attorney or the Office of the Attorney General.
7. Sustained finding. "Sustained finding" means a final determination by an 
investigating agency, commission, board, hearing officer, arbitrator or court, following an 
investigation and an opportunity to respond to allegations or proposed punitive or 
corrective actions, that the conduct of a law enforcement officer was found to violate the 
law or a policy of a law enforcement agency.
§3882. Law enforcement agency disclosure to prosecuting attorney's office and officer
The following provisions govern a law enforcement agency's obligation to disclose 
credibility information regarding a law enforcement officer to a prosecuting attorney's 
office.
1. Duty to notify prosecuting attorney's office. A law enforcement agency shall 
notify the prosecuting attorney's office of any credibility information regarding a law 
enforcement officer who is a potential witness in a criminal prosecution.
2. Duty to notify involved law enforcement officer. At the same time it provides the 
notice required pursuant to subsection 1, a law enforcement agency shall notify the 
involved law enforcement officer of the notification to the prosecuting attorney's office.
§3883. Prosecuting attorney's office notice to involved law enforcement officer
The following provisions govern the notice a prosecuting attorney's office must provide 
to an involved law enforcement officer and the officer's opportunity to correct or prevent 
further disclosure of credibility information prior to the prosecuting attorney's office's 
disclosure of the credibility information to the defendant in the case for which the involved 
law enforcement officer is a potential witness.
1. Notice of possible disclosure to defendant. At least 10 calendar days, or as soon as 
practicable, before a prosecuting attorney's office decides whether to disclose credibility 
information to a defendant, the prosecuting attorney's office shall provide a written notice 
to the involved law enforcement officer with a copy to the chief law enforcement officer 
that, at a minimum, includes a notice of possible disclosure of credibility information to a 
defendant, the officer's right to provide input to the prosecuting attorney's office before 
disclosure to a defendant and the prosecuting attorney's office's procedural requirements 
for the officer to provide the input.  If more immediate notification of credibility 
information to a defendant is necessary to accommodate an imminent hearing in a pending 
criminal case or more immediate notification is determined to be in the interest of justice, 
notification to the law enforcement officer must be provided within 5 calendar days before 
the prosecuting attorney's officer provides notification to a defendant.
2. Law enforcement officer opportunity to respond. Within 5 calendar days of 
receiving the notice from the prosecuting attorney's office pursuant to subsection 1, the 
involved law enforcement officer may request an opportunity to provide input to the 
prosecuting attorney's office before disclosure of any credibility information to a defendant.
3. Request for in camera review prior to disclosure. Before a prosecuting attorney's 
office discloses credibility information to a defendant, the involved law enforcement 
officer may request an in camera review of the credibility information in the Superior Court 
to determine whether or to what extent the information may be disclosed.
§3884. Written policies and procedures
Law enforcement agencies and prosecuting attorney's offices shall adopt written 
policies and procedures consistent with this chapter as follows.
1. Law enforcement agency. By January 1, 2026, a law enforcement agency shall 
implement written policies and procedures for prompt disclosure of credibility information, 
as required by section 3882.
2. Prosecuting attorney's office. By January 1, 2026, a prosecuting attorney's office 
shall adopt written policies and procedures for:
A. Receiving credibility information notifications;
B. Maintaining a current record of all credibility information;
C. Establishing a process by which to notify a defendant of credibility information 
under the Maine Rules of Unified Criminal Procedure, Rule 16;
D. Establishing a process for notifying other prosecuting attorney's offices in the State 
of a current record of credibility information; and
E. Establishing a process for removing any credibility information found to be 
inaccurate or false from the relevant prosecuting attorney's office's credibility 
information disclosure notification record.
§3885. Action to remove credibility information
If credibility information with respect to a law enforcement officer is found to be 
inaccurate or false and the prosecuting attorney's office continues to maintain the inaccurate 
or false information in its record of credibility information established pursuant to section 
3884, subsection 2, paragraph B, the involved law enforcement officer may petition the 
Superior Court for a review of governmental action to remove the credibility information 
from the relevant prosecuting attorney's office's credibility information records.
SUMMARY
This bill requires that a law enforcement agency disclose to a prosecuting attorney's 
office when a law enforcement officer who is a potential witness in a criminal prosecution 
has engaged in certain specified conduct that calls into question the credibility of the officer 
as a witness, including, but not limited to, knowingly making untruthful statements of 
material facts, tampering with evidence, other dishonest acts or admissions of dishonesty, 
demonstrated patterns of bias against protected classes and facts reflecting an officer's 
impaired ability to perceive or recall the truth of a matter. Law enforcement agencies must 
notify the law enforcement officer when disclosing the credibility information to a 
prosecuting attorney's office.
The prosecuting attorney's office must provide notice to the law enforcement officer 
and the chief law enforcement officer of the reporting law enforcement agency at least 10 
calendar days before disclosure of the information to a defendant, except under specific 
circumstances, and provide the law enforcement officer an opportunity to address a 
potential disclosure to a defendant before any such disclosure is made.
The bill requires a law enforcement agency to adopt written policies and procedures 
for disclosing credibility information to a prosecuting attorney's office. It requires the 
prosecuting attorney's office to adopt written policies and procedures for receiving and 
maintaining credibility records concerning law enforcement officers, disclosing credibility 
information to a defendant under the Maine Rules of Unified Criminal Procedure, Rule 16, 
notifying other prosecuting attorney's offices in the State of the credibility information and 
removing such records if the information is later determined to be inaccurate or false.
The bill allows an officer to file a petition in Superior Court to require a prosecuting 
attorney's office to remove the credibility information from the officer's records of that 
officer if the credibility information is found to be false or inaccurate.