LD 1598
pg. 1
LD 1598 Title Page An Act To Ensure Access to Intelligence and Investigative Information LD 1598 Title Page
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LR 1432
Item 1

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

 
Sec. 1. 16 MRSA §614, sub-§3, ¶¶B and C, as enacted by PL 2001, c. 532,
§2, are amended to read:

 
B. A state agency responsible for investigating abuse,
neglect or exploitation of children under Title 22, chapter
1071 or incapacitated or dependent adults under Title 22,
chapter 958-A for use in the investigation of suspected
abuse, neglect or exploitation; or

 
C. An accused person or that person's agent or attorney if
authorized by:

 
(1) The district attorney for the district in which
that accused person is to be tried;

 
(2) A rule or ruling of a court of this State or of
the United States; or

 
(3) The Attorney General.; or

 
Sec. 2. 16 MRSA §614, sub-§3, ¶D is enacted to read:

 
D.__A victim or a victim's attorney, at the victim's
request, unless the disclosure will result in irreparable
harm to an individual or an investigation or is otherwise
prohibited by law, in which case as much information as
possible must be provided to the victim without resulting in
such harm or violating the law.__Whenever a victim's request
is denied, in whole or in part, the victim must be notified
in writing of the reason for the denial.__Upon denial, the
victim may petition the court for access to the information.__
For the purposes of this section, "a victim" includes a
person who is injured in a motor vehicle accident.

 
Sec. 3. 16 MRSA §614, sub-§4 is enacted to read:

 
4.__Preservation of records.__All records and reports,
including notes, containing investigative information must be
retained by the investigating agency for a period of 6 years.

 
SUMMARY

 
This bill specifies that, upon request, intelligence and
investigative information, including police reports, must be
disclosed to a victim of a crime or a person injured in a car
accident. This bill also requires investigating agencies to
retain their records and reports for 6 years.


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