HP0569, LD 764, item 1, An Act To Limit the Dissemination of Certain Criminal Records

An Act To Limit the Dissemination of Certain Criminal Records

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

Sec. 1. 16 MRSA §703, sub-§2, ¶K, as enacted by PL 2013, c. 267, Pt. A, §2, is amended to read:

K. Information disclosing that a criminal proceeding has been terminated because the court lacked jurisdiction over the defendant; and

Sec. 2. 16 MRSA §703, sub-§2, ¶L, as amended by PL 2017, c. 432, Pt. B, §1, is further amended to read:

L. Information disclosing that a person has petitioned for and been granted a full and free pardon . ;

Sec. 3. 16 MRSA §703, sub-§2, ¶¶M to P are enacted to read:

M. All adjudications and related records under Title 15, Part 6, after 3 years from the date of disposition;

N. Except for Class E and Class D crimes under Title 17-A, chapter 11 and chapter 12 and that involve domestic violence, all convictions and related records for Class E and Class D crimes after 3 years from the date of imposition of sentence;

O. All convictions and related records for Class E and Class D crimes under Title 17-A, chapter 11 and chapter 12 and that involve domestic violence after 7 years from the date of imposition of sentence; and

P. All convictions and related records for Class C, Class B and Class A crimes that are based solely on the defendant's convictions for prior Class E and Class D crimes.

Sec. 4. 16 MRSA §704, sub-§1, as enacted by PL 2013, c. 267, Pt. A, §2, is amended to read:

1. Generally. Public criminal history record information is public for purposes of Title 1, chapter 13. Public criminal history record information may be disseminated by a Maine criminal justice agency to any person or public or private entity for any purpose. Public criminal history record information is public whether it relates to a crime for which a person is currently within the jurisdiction of the criminal justice system or it relates to a crime for which a person is no longer within that jurisdiction. There Except as provided in section 703, subsection 2, paragraphs M, N, O and P, there is no time limitation on dissemination of public criminal history record information.

Sec. 5. 16 MRSA §705, sub-§1, as enacted by PL 2013, c. 267, Pt. A, §2, is amended to read:

1. Generally. A Maine criminal justice agency, whether directly or through any intermediary, may disseminate confidential criminal history record information only to:

A. Other criminal justice agencies for the purpose of the administration of criminal justice and criminal justice agency employment; and

B. Any person for any purpose when expressly authorized by a statute, executive order, court rule, court decision or court order containing language specifically referring to confidential criminal history record information or one or more of the types of confidential criminal history record information ; .

C. Any person with a specific agreement with a criminal justice agency to provide services required for the administration of criminal justice or to conduct investigations determining the employment suitability of prospective law enforcement officers. The agreement must specifically authorize access to data, limit the use of the data to purposes for which given, ensure security and confidentiality of the data consistent with this chapter and provide sanctions for any violations;

D. Any person for the express purpose of research, evaluation or statistical purposes or under an agreement with the criminal justice agency. The agreement must specifically authorize access to confidential criminal history record information, limit the use of the information to research, evaluation or statistical purposes, ensure the confidentiality and security of the information consistent with this chapter and provide sanctions for any violations;

E. Any person who makes a specific inquiry to the criminal justice agency as to whether a named individual was summonsed, arrested or detained or had formal criminal charges initiated on a specific date;

F. The public for the purpose of announcing the fact of a specific disposition that is confidential criminal history record information, other than that described in section 703, subsection 2, paragraph A, within 30 days of the date of occurrence of that disposition or at any point in time if the person to whom the disposition relates specifically authorizes that it be made public; and

G. A public entity for purposes of international travel, such as issuing visas and granting of citizenship.

summary

This bill amends the Criminal History Record Information Act in the following ways:

1. Makes confidential all juvenile adjudications and related records after 3 years from the date of disposition;

2. Except for crimes involving sexual assault, sexual exploitation of minors and domestic violence, makes confidential all convictions and related records for Class E and Class D crimes after 3 years from the date of imposition of sentence;

3. Makes confidential all convictions and related records for Class E and Class D crimes involving sexual assault, sexual exploitation of minors and domestic violence after 7 years from the date of imposition of sentence;

4. Makes confidential all convictions and related records for Class C, Class B and Class A crimes that are based solely on the defendant's convictions for prior Class E and Class D crimes; and

5. Limits the dissemination of confidential criminal history record information to criminal justice agencies for the purpose of the administration of criminal justice and criminal justice agency employment and pursuant to court order.

HP0569 LD 764	Session - 129th Maine Legislature		LR 655 Item 1
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