CHAPTER 402
H.P. 1211 - L.D. 1711
An Act Addressing Sexual Exploitation of an Abuse Victim by a Law Enforcement Officer
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 25 MRSA §2806, sub-§1, ¶B, as amended by PL 1993, c. 744, §12, is further amended to read:
B. May suspend or revoke the certificate issued pursuant to former section 2803, 2805 or 2805-A or section 2803-A, 2804-B, 2804-C or 2804-D of any person who:
(1) Has been found guilty of murder or any crime classified in state law as a Class A, Class B, Class C or Class D crime or a violation of any provision of the Maine Criminal Code, chapter 15, 19, 25 or 45;
(2) Has engaged in conduct that is prohibited or penalized by state law as murder or a Class A, Class B, Class C or Class D crime or by any provision of the Maine Criminal Code, chapter 15, 19, 25 or 45;
(3) Has been found guilty of conduct specified in subparagraph (2) in another state or other jurisdiction, unless that conduct is not punishable as a crime under the laws of that state or other jurisdiction in which it occurred;
(4) Has engaged in conduct specified in subparagraph (2) in another state or other jurisdiction, unless that conduct is not punishable as a crime under the laws of that state or other jurisdiction in which it occurred;
(5) Has falsified or misrepresented material facts in obtaining or maintaining the certificate; or
(6) Has engaged in conduct that violates the standards established by the board pursuant to section 2803-B, subsection 1, provided that as long as the conduct, when viewed in light of the nature and purpose of the person's conduct and circumstances known to the person, involves a gross deviation from the standard of conduct that a reasonable and prudent law enforcement officer would observe in the same situation; and or
(7) Has engaged in a sexual act, as defined in Title 17-A, section 251, subsection 1, paragraph C, or in sexual contact, as defined in Title 17-A, section 251, subsection 1, paragraph D with another person, not the person's spouse, if at the time of the sexual act or sexual contact:
(a) The officer was engaged in an investigation or purported investigation involving an allegation of abuse, as defined in Title 19, section 762, subsection 1 and in Title 19-A, section 4002, subsection 1;
(b) The other person was the alleged victim of that abuse;
(c) The parties did not have a preexisting and ongoing sexual relationship that included engaging in any sexual act or sexual contact; and
(d) Fewer than 60 days had elapsed since the officer initially became involved in the investigation or purported investigation; and
Sec. 2. 25 MRSA §2806, sub-§1, ¶C, as amended by PL 1989, c. 521, §§9 and 17, is further amended to read:
C. Shall investigate a complaint, on its own motion or otherwise, regarding the failure of a law enforcement or corrections officer to comply with the requirements of section or 2804-D, 2804-E or 2804-F, and any rules adopted under those sections. The board may, upon notice, conduct an informal conference with the officer. If the board finds that the factual basis of the complaint is true and that further action is warranted, it may take the following action:
(1) Enter into a consent agreement with the officer, which agreement may contain provisions to ensure compliance, including voluntary surrender of the certificate and terms and conditions of recertification; or
(2) Refer the complaint to the Attorney General for action in the Administrative Court.
Effective September 19, 1997, unless otherwise indicated.
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