An Act To Clarify Public Safety Laws Regarding the Disclosure of Information and the Storage of Evidence, To Reauthorize the United States Secret Service To Enforce Certain State Laws and To Allow Designees To Serve on the Maine Communications System Policy Board
Sec. 1. 25 MRSA §1502-A, sub-§1, as amended by PL 2001, c. 602, §1, is further amended to read:
(1) The task force is a task force of the Maine Drug Enforcement Agency authorized under this Title; or
(2) The task force is a joint federal-state task force operating primarily within the territorial boundaries of this State and:
(a) An arrest is part of or related to an investigation of that federal-state task force; or
(b) An arrest occurs in a prosecutorial district and either:
(i) The district attorney of that district or the district attorney's written designee actively participates in and oversees the activities of the task force; or
(ii) The arrest occurs anywhere within the State and the Attorney General or the Attorney General's written designee actively participates in and oversees the activities of the task force . ;
This paragraph is repealed July 1, 2009; and
This paragraph is repealed July 1, 2009.
Federal officers are law enforcement officers for the purposes of Title 17-A, section 2, subsection 17.
Sec. 2. 25 MRSA §1502-A, sub-§5, ¶B-1, as enacted by PL 2001, c. 602, §3 and affected by §4, is further amended to read:
Sec. 3. 25 MRSA §1531, sub-§2, ¶A, as enacted by PL 2003, c. 678, §2, is amended to read:
Sec. 4. 25 MRSA §1531, sub-§2, ¶B, as enacted by PL 2003, c. 678, §2, is amended to read:
Sec. 5. 25 MRSA §1531, sub-§2, ¶C, as enacted by PL 2003, c. 678, §2, is amended to read:
Sec. 6. 25 MRSA §2929, sub-§6, as enacted by PL 1997, c. 291, §3, is amended to read:
Sec. 7. 25 MRSA §3821, first ¶, as enacted by PL 1999, c. 719, §4 and affected by §11, is amended to read:
If an alleged victim of gross sexual assault has a forensic examination and has not reported the alleged offense to a law enforcement agency when the examination is complete, the licensed hospital or licensed health care practitioner that completed the forensic examination shall notify the nearest law enforcement agency. That law enforcement agency shall transport the completed kit, identified only by a tracking number assigned by the hospital or health care practitioner, to its evidence storage facility. The law enforcement agency shall store the kit for at least 90 days from the time of receipt. If during that 90-day period the alleged victim reports the offense to a law enforcement agency, the agency storing the kit shall transport the kit to the Maine State Police Crime Laboratory continue to store the kit at its evidence storage facility.
summary
This bill:
1. Establishes the state of mind that must accompany the disclosure of confidential information regarding E-9-1-1 calls or recordings in order for such disclosure to be a crime;
2. Makes the law regarding the place at which forensic examination kits are to be stored reflective of and consistent with actual storage practices;
3. Updates references to federal agencies to reflect their placement into the Department of Homeland Security;
4. Renews until July 1, 2009 the authority previously granted to the United States Secret Service of the Department of Homeland Security to enforce laws of the State. The authority previously granted to that agency was repealed on July 1, 2004; and
5. Authorizes a designee of the Commissioner of Public Safety, a designee of the Chief of the State Police and a designee of the Chief Information Officer to serve in place of the commissioner, chief or Chief Information Officer, respectively, on the Maine Communications System Policy Board.