LD 1721
pg. 1
LD 1721 Title Page An Act to Allow Expressly Authorized Persons to Conduct Investigations for the ... Page 2 of 2
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LR 2420
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 22 MRSA §3028, sub-§1, as amended by PL 1985, c. 611, §7, is
further amended to read:

 
1. Authority to conduct investigation. The medical examiner
shall have or the person expressly authorized by the Chief
Medical Examiner has authority to conduct an investigation and
inquiry into the cause, manner and circumstances of death in a
medical examiner case. He The medical examiner or authorized
person shall, if deemed it is determined necessary, immediately
proceed to the scene and, subject to the authority of the
Attorney General, assume custody of the body for the purposes of
the investigation, and shall retain custody until the
investigation has been completed or until the Chief Medical
Examiner has assumed charge of the case.

 
Sec. 2. 22 MRSA §3028, sub-§2, as repealed and replaced by PL 1991,
c. 97, §1, is amended to read:

 
2. Investigation by law enforcement officer. When death is
not suspected to be the result of criminal violence physical
injury attributable to criminal conduct, the medical examiner may
elect not to proceed to the scene, or the Chief Medical Examiner
may elect not to dispatch a medical examiner or the person
expressly authorized by the Chief Medical Examiner under
subsection 1 to the scene. If the medical examiner elects not to
proceed to the scene, or the Chief Medical Examiner elects not to
dispatch a medical examiner or authorized person to the scene,
the law enforcement officer in charge of the scene shall:

 
A. Investigate and photograph the scene, take photographs
and take possession of useful objects as directed by the
medical examiner, authorized person or the Office of the
Chief Medical Examiner pursuant to subsection 4;

 
B. Take possession of all objects that in the opinion of
the medical examiner or Office of Chief Medical Examiner may
be useful in establishing the cause, manner and
circumstances of death;

 
C. Remove the body in accordance with the instructions of
the medical examiner, authorized person or the Office of the
Chief Medical Examiner; and

 
D. Make a report of the investigation available to the
medical examiner, authorized person or the Office of the
Chief Medical Examiner.

 
Sec. 3. 22 MRSA §3028, sub-§3, as amended by PL 1985, c. 611, §7, is
further amended to read:


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