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

 
3. Assistance of law enforcement agency. The medical examiner,
the person expressly authorized by the Chief Medical Examiner or
the pathologist as described in subsection 8, may request the
assistance and use of the facilities of the law enforcement agency
having jurisdiction over the case for the purposes of
photographing, fingerprinting or otherwise identifying the body.
That agency shall provide the medical examiner, authorized person
or pathologist with a written report of the steps taken in
providing the assistance.

 
Sec. 4. 22 MRSA §3028, sub-§4, as amended by PL 1995, c. 272, §1, is
further amended to read:

 
4. Possession of useful objects. Except as otherwise
directed by the Attorney General, the Attorney General's deputies
or assistants, the medical examiner, the person expressly
authorized by the Chief Medical Examiner or the Office of the
Chief Medical Examiner may direct that a law enforcement officer
at the scene make measurements, take photographs and take
possession of all objects that in the opinion of the medical
examiner, authorized person or the Office of the Chief Medical
Examiner may be useful in establishing the cause, manner and
circumstances of death. For these same purposes, the medical
examiner, authorized person or the Office of the Chief Medical
Examiner may direct that a law enforcement officer take
possession of any objects or specimens that have been removed
from the victim at the scene or elsewhere while under medical
care.

 
Sec. 5. 22 MRSA §3028, sub-§5, as amended by PL 1995, c. 272, §2, is
further amended to read:

 
5. Requests for objects. Any person having possession of any
object or objects, as described in subsection 4, shall at the
request of the medical examiner or the person expressly
authorized by the Chief Medical Examiner give that object or
objects to a law enforcement officer, to the medical examiner, to
the authorized person or to the Office of the Chief Medical
Examiner. Medical personnel and institutions turning over any
objects or specimens that have been removed from the victim while
under medical care are immune from civil or criminal liability
when complying with this subsection. Original written or
recorded material that might express suicidal intent must be sent
to the Office of the Chief Medical Examiner. The Chief Medical
Examiner may elect to accept copies in place of originals.

 
Sec. 6. 22 MRSA §3028, sub-§6, as enacted by PL 1979, c. 538, §8, is
amended to read:

 
6. Examination of body. In all cases except those

 
requiring a report on a body already disposed of and not to be
exhumed for examination, the medical examiner or the person
expressly authorized by the Chief Medical Examiner shall conduct
a thorough examination of the body.

 
Sec. 7. 22 MRSA §3028, sub-§7, as amended by PL 1995, c. 272, §3, is
further amended to read:

 
7. Written report. Upon completing an investigation, the
medical examiner or the person expressly authorized by the Chief
Medical Examiner shall submit a written report of the
investigator's findings to the Chief Medical Examiner on forms
provided for that purpose. The medical examiner investigator
shall retain one copy of the report.

 
If a medical examiner an investigator reports suspected abuse,
neglect or exploitation to the Chief Medical Examiner, the Chief
Medical Examiner, by reporting that information to the department
on behalf of the medical examiner investigator, fulfills the
medical examiner's mandatory reporting requirement under section
3477 or 4011.

 
SUMMARY

 
This bill allows the Chief Medical Examiner to expressly
authorize a person to conduct the investigation and examination
on any case reported to the Office of Chief Medical Examiner.


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