‘An Act To Establish an Independent Panel To Review the Use of Deadly Force by Law Enforcement Officers’
HP0879 LD 1219 |
Session - 129th Maine Legislature C "A", Filing Number H-644, Sponsored by
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LR 985 Item 2 |
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Bill Tracking, Additional Documents | Chamber Status |
Amend the bill by striking out the title and substituting the following:
‘An Act To Establish an Independent Panel To Review the Use of Deadly Force by Law Enforcement Officers’
Amend the bill by striking out everything after the enacting clause and inserting the following:
‘Sec. 1. 5 MRSA §200-K is enacted to read:
§ 200-K. Deadly Force Review Panel
There is created, within the Office of the Attorney General, the Deadly Force Review Panel, referred to in this section as "the panel." The panel must, to the extent practicable, include members that reflect the diversity of Maine's racial, gender, indigenous and tribal demographics.
Sec. 2. 5 MRSA §12004-I, sub-§74-J is enacted to read:
Public Safety | Deadly Force Review Panel | Not Authorized | 5 MRSA §200-K |
summary
This amendment replaces the bill and revises the title to reflect that the panel will review use of deadly force by law enforcement officers, not just officer-related deaths.
The amendment establishes a panel of 15 members. The following are ex officio members, although each may appoint a designee to attend meetings and participate as a panel member: the Commissioner of Public Safety; the Director of Investigations for the Office of the Attorney General; the Director of the Maine Criminal Justice Academy; and the Chief Medical Examiner. The remaining members are appointed by the Attorney General: an attorney who represents plaintiffs in actions under 42 United States Code, Section 1983; a municipal police chief; a county sheriff; a mental health professional; a representative of a statewide collective bargaining law enforcement organization; a representative of a statewide civil rights organization; an attorney who represents defendants in actions under 42 United States Code, Section 1983; a criminal prosecutor; and 3 citizens, each of whom is not and has never been a sworn law enforcement officer.
The panel is directed to select a chair and a vice-chair and must meet at least quarterly. The Attorney General must call the first meeting before January 1, 2020.
The panel examines deaths and serious injuries that result from a law enforcement officer's use of deadly force. The panel will wait to conduct its examination until the Attorney General conducts the investigation of the use of deadly force by a law enforcement officer as required in current law. The purpose of the examinations is to identify whether there was compliance with accepted and best practices under the particular circumstances and whether the practices were sufficient for the particular circumstances or whether the practices require adjustment or improvement. The panel must recommend methods of improving standards, including changes to statutes, rules, training, policies and procedures designed to ensure incorporation of best practices that demonstrate increased public safety or officer safety.
The panel may request information and records that are necessary and relevant to the review. Persons providing information or records are not criminally or civilly liable for disclosing or providing information or records as directed by the panel. The panel may consult with content experts and other professionals and discuss necessary information or records within the scope of the consultations.
The proceedings of the panel are not public proceedings and records of the panel are confidential and are not subject to subpoena, discovery or introduction into evidence in a civil or criminal action. To ensure oversight, the Legislature may inspect and review the records, but it must be under conditions that ensure the information is not further disclosed. The Office of the Attorney General shall disclose conclusions of the review panel but may not disclose information, records or data that are otherwise classified as confidential.
The panel is directed to submit a report on each incident it reviews, as well as annual reports summarizing its activities, to the joint standing committee of the Legislature having jurisdiction over judiciary matters beginning January 30, 2021.