HP1197, LD 1670, item 2, Document Text

Amend the bill by striking out everything after the enacting clause and inserting the following:

‘Sec. 1. 15 MRSA §3308, sub-§8, as enacted by PL 1989, c. 744, §5, is amended to read:

8. Juvenile records sealed. This subsection governs the sealing of records of a person adjudicated to have committed a juvenile crime.

A. A person adjudicated to have committed a juvenile crime that, if the juvenile were an adult, would constitute murder, aggravated attempted murder, attempted murder, Class A manslaughter other than the reckless or criminally negligent operation of a motor vehicle, elevated aggravated assault on a pregnant person, elevated aggravated assault, arson that recklessly endangers any person, causing a catastrophe, Class A robbery, any Class A or Class B violation of Title 17-A, chapter 11 or 12 or OUI as described in Title 29-A, section 2411 may petition the court to seal from public inspection all records pertaining to the juvenile crime and its disposition, and to any prior juvenile records and their dispositions , if : at least 3 years have passed since the person's discharge from the disposition ordered for that juvenile crime.

(1) At least 3 years have passed since the person's discharge from the disposition ordered for that juvenile crime;

(2) Since the date of disposition, the person has not been adjudicated to have committed a juvenile crime and has not been convicted of committing a crime; and

(3) There are no current adjudicatory proceedings pending for a juvenile or other crime.

B. The court may grant the petition filed under paragraph A if it finds that the requirements of paragraph A are satisfied, unless it finds that the general public's right to information substantially outweighs the juvenile's interest in privacy. The juvenile has a right to appeal the court's denial of the juvenile's petition to seal as provided in chapter 509.

B-1. At the time that a person adjudicated to have committed a juvenile crime other than a crime listed in paragraph A is finally discharged from the disposition ordered for that juvenile crime, the court, upon receipt of appropriate notice of the discharge, shall immediately enter an order sealing from public inspection all records pertaining to the juvenile crime and its disposition. Appropriate notice that the juvenile is discharged from the disposition:

(1) Must be provided by the Department of Corrections if the juvenile's disposition involved either commitment to the Department of Corrections juvenile correctional facility or a supervised disposition and period of probation;

(2) Must be provided by the office of the district attorney who prosecuted the case if the disposition included restitution or community service; or

(3) May be provided by the juvenile or the juvenile's attorney. If the notice is provided by the juvenile or the juvenile's attorney, the juvenile or the juvenile's attorney shall serve a copy of the notice on the office of the district attorney who prosecuted the case before the court may enter the order to seal the record.

C. Notwithstanding subsections 3, 3-A, 4 and 5, the court order sealing the records permits only the following persons to have access to the sealed records:

(1) The courts and criminal justice agencies as provided by this section; and

(2) The person whose juvenile records are sealed or that person's designee.

C-1. A copy of the court's written order certifying its granting of the juvenile's petition, pursuant to paragraph A or B, or its order of immediate sealing pursuant to paragraph B-1 must be provided to the Department of Public Safety, Bureau of State Police, State Bureau of Identification if the adjudication is for a juvenile crime the criminal history records of which are maintained by the State Bureau of Identification pursuant to Title 25, section 1541, or provided to the Department of Inland Fisheries and Wildlife, the Department of Marine Resources or the Department of the Secretary of State, Bureau of Motor Vehicles, as appropriate. The State Bureau of Identification or the appropriate agency upon receipt of the order shall promptly update its records relating to each of the person's eligible juvenile adjudications included in the order. The State Bureau of Identification or the appropriate agency shall notify the person of compliance with the court's order.

D. If the petition is granted, the A person whose juvenile records have been sealed under this subsection may respond to inquiries from other than the courts and criminal justice agencies about that person's juvenile crimes, the records of which have been sealed, as if the juvenile crimes had never occurred, without being subject to any sanctions. If an adjudication disqualifies a person from possessing a firearm pursuant to section 393, the sealing of the juvenile records associated with that adjudication does not affect that prohibition.’

Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.

SUMMARY

The bill provides for the automatic sealing of all records of juvenile crimes once the juvenile is finally discharged from the disposition ordered for the crime.

This amendment restores the 3-year waiting period after discharge and the petition process for sealing records of juvenile crimes and provides that the petition process applies to crimes that, if the juvenile were an adult, would constitute murder, aggravated attempted murder, attempted murder, Class A manslaughter other than the reckless or criminally negligent operation of a motor vehicle, elevated aggravated assault on a pregnant person, elevated aggravated assault, arson that recklessly endangers any person, causing a catastrophe, Class A robbery, any Class A or Class B sex crimes or operating under the influence.

This amendment clarifies that the court is required to seal the record for other juvenile crimes when it receives appropriate notice that the juvenile has been finally discharged from the disposition ordered. That notice must come from the Department of Corrections, the district attorney or the juvenile or the juvenile's attorney. If the juvenile or the juvenile's attorney is providing the notice, the notice must first be served on the office of the district attorney who prosecuted the juvenile crime.

This amendment provides that the court must send the order sealing the record to the Department of Public Safety, Bureau of State Police, State Bureau of Identification, the Department of Inland Fisheries and Wildlife, the Department of Marine Resources or the Department of the Secretary of State, Bureau of Motor Vehicles, as appropriate.

This amendment provides that if the juvenile crime for which the person was adjudicated disqualifies the person from possessing a firearm as provided in the Maine Revised Statutes, Title 15, section 393, the sealing of the record does not affect the prohibition on possession of a firearm by that person.

FISCAL NOTE REQUIRED

(See attached)

HP1197 LD 1670	Session - 129th Maine Legislature C "A", Filing Number H-594, Sponsored by		LR 2128 Item 2
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