CHAPTER 370
H.P. 1053 - L.D. 1434
An Act To Ensure Basic Standards for Death Investigations by Law Enforcement Agencies
Mandate preamble. This measure requires one or more local units of government to expand or modify activities so as to necessitate additional expenditures from local revenues but does not provide funding for at least 90% of those expenditures. Pursuant to the Constitution of Maine, Article IX, Section 21, 2/3 of all of the members elected to each House have determined it necessary to enact this measure.
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 25 MRSA §2803-B, sub-§1, ¶¶G and H, as enacted by PL 1993, c. 744, §5, are amended to read:
G. Citizen complaints of police misconduct; and
H. Criminal conduct engaged in by law enforcement officers.; and
Sec. 2. 25 MRSA §2803-B, sub-§1, ¶I is enacted to read:
I. Death investigations, including at a minimum the protocol of the Department of the Attorney General regarding such investigations.
Sec. 3. 25 MRSA §2803-B, sub-§§2 and 3, as amended by PL 2001, c. 686, Pt. B, §1, are further amended to read:
2. Minimum policy standards. The board shall establish minimum standards for each law enforcement policy no later than June 1, 1995, except that policies for expanded requirements for domestic violence under subsection 1, paragraph D, subparagraphs (1) to (3) may must be established no later than January 1, 2003 and policies for death investigations under subsection 1, paragraph I must be established no later than January 1, 2004.
3. Agency compliance. The chief administrative officer of each law enforcement agency shall certify to the board no later than January 1, 1996 that the agency has adopted written policies consistent with the minimum standards established by the board pursuant to subsection 2, except that certification to the board for expanded policies for domestic violence under subsection 1, paragraph D, subparagraphs (1) to (3) must be made to the board no later than June 1, 2003 and certification to the board for adoption of a death investigation policy under subsection 1, paragraph I must be made to the board no later than June 1, 2004. This certification must be accompanied by copies of the agency policies. The chief administrative officer of each agency shall certify to the board no later than June 1, 1996 that the agency has provided orientation and training for its members with respect to the policies, except that certification for orientation and training with respect to expanded policies for domestic violence under subsection 1, paragraph D must be made to the board no later than January 1, 2004 and certification for orientation and training with respect to policies regarding death investigations must be made to the board no later than January 1, 2005.
Sec. 4. 25 MRSA §2803-B, sub-§4, as enacted by PL 1993, c. 744, §5, is amended to read:
4. Penalty. An agency that fails to comply with any provision of subsection 3 commits a civil violation for which the State Government or local government entity whose officer or employee committed the violation may be adjudged a forfeiture fine not to exceed $500.
Effective September 13, 2003, unless otherwise indicated.
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