An Act Regarding Computers Used To Commit a Crime or Facilitate the Commission of a Crime
Sec. 1. 17-A MRSA §431, sub-§2, as enacted by PL 1989, c. 620, is amended to read:
Sec. 2. 17-A MRSA §431, sub-§10-A is enacted to read:
Sec. 3. 17-A MRSA §§436 and 437 are enacted to read:
§ 436. Permanent destruction of computer data on a computer used in the commission of a crime
If the conditions identified in paragraphs A to G of this subsection are not met, the computer data that are the subject of the request may be permanently destroyed in accordance with subsection 1.
The chief officer of the criminal justice agency that is subject to a request under this subsection shall respond to the requestor within 60 days from the date the request was received by the chief officer. The chief officer's response must include but is not limited to what actions if any the agency will take regarding the computer data identified in the request.
§ 437. Permissible destruction or transfer of ownership to the State of a computer used in the commission of a crime
If the State assumes ownership of a computer pursuant to this subsection, all computer data stored on the computer must be permanently destroyed by the State, or caused by the State to be permanently destroyed, in accordance with section 436.
When the State receives a notification from a person who wishes to take possession of a computer pursuant to subsection 2, the State must respond to that notification within 60 days from the date the notification was received by the State. The State's response must include but is not limited to what actions, if any, the State will take regarding the computer identified in the notification.
Sec. 4. Public notice concerning computers and computer data already in the custody of a criminal justice agency. Before a criminal justice agency, pursuant to the Maine Revised Statutes, Title 17-A, section 436 or 437, permanently destroys any computer data or disposes or assumes ownership of a computer in the custody of the agency prior to the effective date of this Act, the agency shall post on its publicly accessible website a notice stating that, unless written notification as described in Title 17-A, section 436, subsection 2 or Title 17-A, section 437, subsection 2 is given to the criminal justice agency within 90 days after the effective date of this Act, all such computer data and computers must be disposed of in accordance with the provisions of Title 17-A, section 436 or 437.