HP0817, LD 1113, item 1, An Act To Change Procedures of the Governor's Board on Executive Clemency and To Seal Marijuana Convictions

An Act To Change Procedures of the Governor's Board on Executive Clemency and To Seal Marijuana Convictions

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

PART A

Sec. A-1. 15 MRSA §2168 is enacted to read:

§ 2168. Executive clemency board

1. Hearing. A board, commission or panel established to provide a recommendation to the Governor concerning a pardon, clemency or commutation of a sentence shall grant a hearing to a petitioner who has been convicted of a nonviolent crime and, in considering a recommendation, shall review whether the petitioner:

A. Has engaged in or been convicted of any criminal activity for a period of 5 years prior to the petition;

B. Is a productive member of society by being employed or trying to advance the petitioner's position of employment;

C. Has been active in the community by serving on a municipal organization or board;

D. Has served in the Armed Forces of the United States in a regular or reserve capacity or in the National Guard; and

E. Has volunteered or worked for a nonprofit or religious organization.

2. Denial; appeal. If a board, commission or panel established to provide a recommendation to the Governor concerning a pardon, clemency or commutation of a sentence recommends denial of a petition under subsection 1, within 90 days after the recommendation the petitioner may appeal the recommendation to the Secretary of State, who shall confirm or overrule the recommendation and forward that decision to the Governor.

PART B

Sec. B-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. B-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 . ; and

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

M. Information disclosing a conviction for a current or former crime or civil violation that consisted of conduct that is authorized under Title 28-B, chapter 3.

SUMMARY

This bill requires a board, commission or panel established to provide the Governor a recommendation on a pardon, clemency or commutation of a sentence to grant a hearing to a petitioner who has been convicted of a nonviolent crime and to consider certain personal criteria of the petitioner and allows an appeal of a recommendation of denial to the Secretary of State.

This bill also seals criminal history record information regarding convictions for crimes and civil violations relating to personal adult use of marijuana by making the information confidential.

HP0817 LD 1113	Session - 129th Maine Legislature		LR 2164 Item 1
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