HP0623, LD 900, item 1, An Act Regarding the Disclosure of Certain Records in Criminal Matters

An Act Regarding the Disclosure of Certain Records in Criminal Matters

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

Sec. 1. 5 MRSA §7070, sub-§5 is enacted to read:

5. Constitutional obligations of a prosecutor. Notwithstanding this section or any other provision of law, this section does not preclude the disclosure of confidential personnel records and the information contained in those records to the Attorney General, a deputy attorney general, an assistant attorney general, a district attorney, a deputy district attorney, an assistant district attorney or the equivalent departments or offices in a federal jurisdiction that are related to the determination of and compliance with the constitutional obligations of the State or the United States to provide discovery to a defendant in a criminal matter. A person or entity participating in good faith disclosure under this subsection or participating in a related proceeding is immune from criminal and civil liability for the act of disclosure or for participating in the proceeding.

Sec. 2. 30-A MRSA §503, sub-§3 is enacted to read:

3. Constitutional obligations of a prosecutor. Notwithstanding this section or any other provision of law, this section does not preclude the disclosure of confidential personnel records and the information contained in those records to the Attorney General, a deputy attorney general, an assistant attorney general, a district attorney, a deputy district attorney, an assistant district attorney or the equivalent departments or offices in a federal jurisdiction that are related to the determination of and compliance with the constitutional obligations of the State or the United States to provide discovery to a defendant in a criminal matter. A person or entity participating in good faith disclosure under this subsection or participating in a related proceeding is immune from criminal and civil liability for the act of disclosure or for participating in the proceeding.

Sec. 3. 30-A MRSA §2702, sub-§3 is enacted to read:

summary

This bill allows state, county and municipal government employers to disclose otherwise confidential personnel records to prosecutors when it is necessary for the determination of whether or not a defendant has a constitutional right to any of the information in the records, in accordance with Brady v. Maryland, 373 U.S. 83 (1963) and Giglio v. United States, 405 U.S. 150 (1972).

The bill also permits state, county and municipal employees to disclose personnel records at the request of prosecutors in support of the prosecutors' efforts to comply with their constitutional duties.

HP0623 LD 900	Session - 126th Maine Legislature		LR 509 Item 1
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