An Act to Clarify the
Maine Legislature, Session 132, LD 0534
Committee Amendment CA_A_H704 (House)
Amends: 17-A MRSA §2110, 32 MRSA §8103, 32 MRSA §8104, 32 MRSA §8116

COMMITTEE AMENDMENT "A '' to H.P. 353, L.D. 534, "An Act to Clarify the 
Rights of Crime Victims and Witnesses Regarding Professional Investigator 
Communications,, 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec, 1. 17-A MRSA §2110 is enacted to read: 
§2110. Victim and witness rights when contacted by professional investigator 
The duties of a professional investigator, as defined in Title 32, section 8103, 
subsection 5. when contacting a victim or witness of a crime, are set out in rules adopted 
by the Chief of the State Police pursuant to Title 32. section 8116, subsection 3. including 
the disclosure of the right of a victim or witness to refuse communication. 
Sec. 2. 32 MRSA §8103, sub-§1-D is enacted to read: 
1-D. Crime. 
11Crime
has the same meaning as in Title 17-A, section 2101. subsection 
.L 
Sec. 3. 32 MRSA §8103, sub-§6 is enacted to read: 
6. Victim. "Victim" has the same meaning as in Title 17-A. section 2101. subsection 
2. 
Sec. 4. 32 MRSA §8103, sub-§7 is enacted to read: 
7. Witness. "Witness" has the same meaning as in Title 15. section 1412. subsection 
1. 
Sec. 5. 32 MRSA §8104, sub-§2, 1A, as amended by PL 2011, c. 366, §18, is 
further amended to read: 
A. A person employed by or on behalf of the Federal Government, any state or any 
political subdivision or public instrumentality or a Canadian province, while in the 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT "A" to H.P. 353, L.D. 534 
performance of the person's official duties, except for a person employed by the Maine 
Commission on Public Defense Services under Title 4, section 1801: 
Sec. 6. 32 MRSA §8116, sub-§3, as amended by PL 2011, c. 366, §49, is repealed 
and the following enacted in its place: 
3. Rules. 
The following provisions govern the adoption of rnles necessaiy to 
administer this chapter. 
A. The chief, with the advice of the board, shall adopt rules to ensure transparency for 
crime victims and witnesses when communicating with professional investigators. The 
rules must include, but are not limited to, the following requirements. 
(1) Prior to communicating about a crime with a victim or witness who is a minor, 
a professional investigator shall obtain consent to communicate with the minor 
from the minor's parent or guardian who is not the defendant in the criminal case. 
(2) Prior to a professional investigator seeking information from a victim or 
witness substantially related to a crime to which that person is a victim or witness, 
the professional investigator shall disclose to the victim or witness, or to the parent 
or guardian of a minor victim or witness who is not the defendant in the criminal 
case: 
(a) The purpose of the investigation: 
(b) The name of the person who hired the professional investigator: 
(c) That the victim or witness is not required to communicate with the 
professional investigator; and 
(d) If the professional investigator is employed by, compensated by or 
otherwise contracted to provide services for the Maine Commission on Public 
Defense Services under Title 4, section 1801, or employed by any criminal 
defense attorney for the purpose of investigating a crime or is otherwise 
working at the direction of or for the benefit of a defendant for purposes of 
investigating a crime for which the defendant is charged, that the professional 
investigator is a professional investigator working for the bene_fit of the 
defendant. 
(3) At any time, a victim or witness or parent or guardian of a minor victim or 
witness who is not the defendant in the criminal case may request, orally or in 
writing. that the prnfessional investigator ceases contact with the victim or witness, 
and the professional investigator may not attempt further communication unless 
expressly authorized by the victim or witness or parent or guardian of the minor 
victim or witness who is not the defendant in the criminal case. 
B, The chief, with the advice of the board, may adopt any other rules necessaty to 
administer this chapter, including, but not limited to, rules regarding standards of 
acceptable professional conduct and training requirements for and sponsorship of 
investigative assistants, 
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 353, L.D, 534 
Sec. 7. 
Appropriations and allocations. The following appropriations and 
allocations are made, 
PUBLIC DEFENSE SERVICES, MAINE COMMISSION ON 
Maine Commission on Public Defense Services Z112• 
Initiative: Provides funding for investigative services. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2025-26 
$367,230 
$367,230 
2026-27 
$367,230 
$367,230 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively, 
SUMMARY 
This amendment, which is the majority report of the committee, replaces the bill, The 
amendment requires the Chief of the State Police to adopt rules regarding communications 
between professional investigators and victims and witnesses, These rules require a 
professional investigator, prior to seeking infotmation from a victim or witness 
substantially related to the crime to which that person is a victim or witness, to disclose to 
the victim or witness the purpose of the investigation; the name of the person who hired 
the professional investigator; that the victim is not required to speak with the professional 
investigator; and, if the professional investigator is employed by the Maine Commission 
on Public Defense Services or by any criminal defense attorney, that the professional 
investigator is working for the benefit of the defendant. The amendment also requires that 
a professional investigator that is employed by or on behalf of the Maine Commission on 
Public Defense Services may not act as a professional investigator without obtaining from 
the Chief of the State Police a license to be a professional investigator, The amendment 
also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/07 /25 L-RL-
LD534 
LR 1465(02) 
An Act to Clarify the Rights of Crime Victims and Witnesses Regarding Professional Investigator 
Communications 
Fiscal Note for Bill as Amended by Committee Amendment ~'{f-l-7DL/\ 
Committee: Criminal Justice and Public Safety 
r) 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2025-26 
$367,23o' 
$367,230 
FY 2026-27 
$367,230 
$367,230 
Projections 
FY 2027-28 
$367,230 
$367,230 
Projections 
FY 2028-29 
$367,230 
$367,230 
The bill states that investigators with the Maine C01m11ission on Public Defense must be licensed. There are cunently 
investigators who are not licensed and under the bill would no longer be able to perfonn professional investigative 
work. The bill includes General Fund appropriations to the Maine Commission on Public Defense Services of 
$367,230 beginning in fiscal year 2025-26 for investigative services. 
Any additional costs to the Department of Pnblic Safety from the provisions of this bill are expected to be minor and 
can be absorbed within existing budgeted resources. 
LR1465(02) - Fiscal Note - Page 1 of 1