An Act Regarding the
Maine Legislature, Session 132, LD 0428
Committee Amendment CA_A_H635 (House)
Amends: 15 MRSA §101-C, 15 MRSA §101-D

COMMITTEE AMENDMENT "A" to H.P. 282, L.D. 428, "An Act Regarding the 
State Forensic Service" 
. 
Amend the bill by striking out the title and substituting the following: 
'An Act to Require Electronic Delivery of Mental Examination Records of Criminal 
Defendants' 
Amend the bill by striking out everything after the enacting clause and insetting the 
following: 
'Sec. 1. 15 MRSA §101-C, sub-§6 is enacted to read: 
6. Method of production. A record or copy of a record sent by regular mail to a 
person or entity pursuant to subsection 1 must also be sent to that person or entity by 
electronic means, if feasible, the same day as the record is sent by regular mail. 
Sec. 2. 15 MRSA §101-D, sub-§1, 1A, as enacted by PL 2009, c. 268, §3, is 
amended to read: 
A. Upon motion by the defendant or by the State, or upon its own motion, a comt 
having jurisdiction in any criminal case may for cause shown order that the defendant 
be examined by the State Forensic Service for evaluation of the defendant's 
competency to proceed. When ordered to evaluate a defendant under this paragraph, 
the State Forensic Service shall promptly examine the defendant and repo1t its initial 
determination regarding the defendant's competency to proceed to the comt. The State 
Forensic Service shall send the repmt to the comt by electronic means. If, based upon 
its examination, the State Forensic Service concludes that fmther examination is 
necessary to fully evaluate the defendant's competency to proceed, the repott must so 
state and must set fo1th recommendations as to the nature and scope of any further 
examination. The court shall forward any report filed by the State Forensic Service to 
the defendant or the defendant's attorney and to the attorney for the State. 
Sec. 3. 15 MRSA §101-D, sub-§1, 1C, as enacted by PL 2009, c. 268, §3, is 
5 
amended to read: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 282, L.D. 428 
C. If the report submitted pursuant to paragraph A recommends further evaluation of 
the defendant or upon motion by the defendant or by the State for good cause shown, 
the comt may order fmther evaluation of the defendant by the State Forensic Service. 
Any order for fu1ther evaluation may designate the specialty of the person to perform 
the evaluation. In addition, if at any time during a criminal proceeding an issue of 
competency to proceed arises with respect to a defendant initially determined to be 
competent, the court may order such further examination by the State Forensic Service 
as the court finds necessary and appropriate. The State Forensic Service shall send any 
further repo1t under this paragraph to the comt by electronic means. The comt shall 
forward any further rep01t filed by the State Forensic Service to the defendant or the 
defendant's attorney and to the attomey for the State. 
Sec. 4. 15 MRSA §101-D, sub-§2, 1A, as amended by PL 2015, c. 431, §4, is 
further amended by amending subparagraph (1) to read: 
( 1) When ordered to evaluate a defendant under this paragraph, the State Forensic 
Service shall promptly examine the defendant and the circumstances of the crime 
and provide a repo1t of its evaluation to the comt. The State Forensic Service shall 
send the repo1tto the comt by electronic means. If, based upon its examination, the 
State Forensic Service concludes that further examination is necessary to fully 
evaluate the defendant's mental state at the time of the crime, the rep01t must so 
state and must set f01th recommendations as to the nature and scope of any fmther 
examination. 
Sec. 5. 15 MRSA §101-D, sub-§2, ~, as amended by PL 2015, c. 431, §4, is 
fmther amended to read: 
D. If the repo1t submitted pursuant to paragraph A recommends fmther evaluation of 
the defendant or upon motion by the defendant or by the State for good cause shown, 
the court may order fu1ther evaluation of the defendant by the State Forensic Service. 
An order for further evaluation may designate the specialty of the person to perform 
the evaluation. The State Forensic Service shall send any further report under this 
paragraph to the court by electronic means. The court shall forward any fmther rep01t 
filed by the State Forensic Service to the defendant or the defendant's attorney and, 
unless the defendant had objected to the order for examination, to the attorney for the 
State. 
The comt may order an examination under this paragraph over the objection of the 
defendant, but any repo1t filed by the State Forensic Service must be impounded and 
may not be shared with the attorney for the State, unless with reference to criminal 
responsibility the defendant enters a plea of not criminally responsible by reason of 
insanity or with reference to an abnormal condition of mind the defendant provides 
notice to the attorney for the State of the intention to introduce testimony as to the 
defendant's abnormal condition of mind pursuant to the Maine Rules of Unified 
Criminal Procedure, Rule 16A(a). 
Sec. 6. 15 MRSA §101-D, sub-§3, 1A, as enacted by PL 2009, c. 268, §3, is 
amended to read: 
A. Upon motion by the defendant or by the State or upon its own motion a cou1i having 
jurisdiction in any criminal case may for cause shown order that the defendant be 
examined by the State Forensic Service for evaluation with respect to any issue 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'A" to H.P. 282, L,D, 428 
necessary for determination in the case, including the appropriate sentence. The court's 
order shall set f01th the issue or issues to be addressed by the State Forensic Service, 
When ordered to evaluate a defendant under this paragraph, the State Forensic Service 
shall promptly examine the defendant and the circumstances relevant to the issues 
identified in the couit's order and rep01t to the comt regarding the defendant's mental 
condition as it pertains to those issues. The State Forensic Service shall send the repott 
to the couit by electronic means. Prior to a verdict or finding of guilty or prior to 
acceptance of a plea of guilty or nolo contendere, the couit may not order examination 
under this subsection over the objection of the defendant unless the defendant has 
asse1ted, or intends to assert, the defendant's mental condition as a basis for an 
objection, a defense or for mitigation at sentencing, The couit shall forward any repott 
filed by the State Forensic Service to the defendant or ·the defendant's attomey and to 
the attomey for the State, 
Sec. 7. Effective date. This Act takes effect January 1, 2028.' 
Amend the bill by relettering or renumbering any nonconsecutive Patt letter or section 
number to read consecutively. 
SUMMARY 
This amendment, which is the majority rep01t of the committee, replaces the bill, which 
is a concept draft, and changes the title, The amendment requires the State Forensic Service 
to send mental examination rep01ts of a defendant accused of a ~rime to a coutt by 
electronic means, The amendment also requires that when a person or entity that has been 
ordered to conduct a mental examination on a criminal defendant requests a record from a 
cettain entity, that entity must provide the requested records by electronic means, if 
feasible, the same day it is sent by regulat· mail. This legislation does not take effect until 
January 1, 2028. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/03/25 • LRL 
LD428 
LR 1939(02) 
An Act Regarding the State Forensic Service 
Fiscal Note for Bill as Amended by Committee Amendment '/f {H-6 3!5) 
Committee: Criminal Justice and Public Safety 
· 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
.Any additional costs to the Office of the Attomey General from the provisions of this bill are expected to be minor 
and can be absorbed within existing budgeted resources. 
LR1939(02) - Fiscal Note - Page 1 of 1