LD 210 (subjects: JUVENILE OFFENDERS , RECORD )
Official bill page at mainelegislature.org: http://www.mainelegislature.org/legis/bills/display_ps.asp?ld=210&PID=1456&snum=127
Sponsors | Actions | Bill Text & Amendments | Patterns of Support
- Rep. Barry Hobbins of Saco: (D – District 14) — e-mail | Twitter
Rep. Justin Chenette of Saco: (D – District 15) — e-mail | Twitter | Facebook
Rep. Kimberly Monaghan-Derrig of Cape Elizabeth: (D – District 30) — e-mail | Twitter | Facebook
Rep. Diane Russell of Portland: (D – District 39) — e-mail | Twitter | Facebook
Rep. Joan Welsh of Rockport: (D – District 94) — e-mail | Facebook
Rep. Aaron Frey of Bangor: (D – District 124) — e-mail | Facebook
Sen. David Burns of Washington: (R – District 6) — e-mail | Twitter | Facebook
Sen. Christopher Johnson of Lincoln: (D – District 13) — e-mail | Facebook
Sen. Roger Katz of Kennebec: (R – District 15) — e-mail | Facebook
|2/3/2015||Senate||Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY
suggested and ordered printed
On motion by Senator ROSEN of Hancock Tabled until Later in Today’s Session, pending REFERENCE
|2/5/2015||Senate||Taken from the table by the President
On motion by Senator MASON of Androscoggin REFERENCE to the Committee on JUDICIARY
Ordered sent down forthwith for concurrence.
|2/10/2015||House||On motion of Representative McCABE of Skowhegan, the Bill was TABLED pending REFERENCE in concurrence.
Later today assigned.
|3/5/2015||House||Speaker laid before the House
Subsequently, the Bill was REFERRED to the Committee on JUDICIARY.
In concurrence. ORDERED SENT FORTHWITH.
|6/10/2015||Senate||Report READ and ACCEPTED.
Committee Amendment “A” (S-240) READ and ADOPTED.
Under suspension of the Rules, READ A SECOND TIME and PASSED TO BE ENGROSSED AS AMENDED BY Committee Amendment “A” (S-240) .
Ordered sent down forthwith for concurrence.
|6/10/2015||House||CONSENT CALENDAR – FIRST DAY
Under suspension of the rules
CONSENT CALENDAR – SECOND DAY.
The Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment “A” (S-240).
In concurrence. ORDERED SENT FORTHWITH.
|6/12/2015||House||PASSED TO BE ENACTED.
Sent for concurrence. ORDERED SENT FORTHWITH.
|6/15/2015||Senate||On motion by Senator HAMPER of Oxford, PLACED ON THE SPECIAL APPROPRIATIONS TABLE, pending ENACTMENT, in concurrence.|
|6/30/2015||Senate||On Motion by Senator HAMPER of Oxford taken from the SPECIAL APPROPRIATIONS TABLE. PASSED TO BE ENACTED , in concurrence.|
Important Note: The bill text below presents L.D. 210 as originally introduced. L.D. 210 was changed by the legislature through amendment. To understand the impact of this legislation in proper context, be sure to read adopted amendment text, available here: C-A (S-240) .
An Act To Provide for Special Restrictions on Dissemination and Use of Criminal History Record Information for Class E Crimes Committed by an Adult under 21 Years of Age
Sec. 1. 15 MRSA c. 310 is enacted to read:
POST-JUDGMENT MOTION BY PERSON SEEKING TO SATISFY THE PREREQUISITES FOR OBTAINING SPECIAL RESTRICTIONS ON DISSEMINATION AND USE OF CRIMINAL HISTORY RECORD INFORMATION FOR CERTAIN CRIMINAL CONVICTIONS
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
2252. Statutory prerequisites for obtaining special restrictions on dissemination and use of criminal history record information for a criminal conviction
The special restrictions on dissemination and use of criminal history record information for a criminal conviction specified in section 2255 apply only if:
2253. Motion; persons who may file
A person may file a written motion in the underlying criminal proceeding seeking a court determination that the person satisfies the statutory prerequisites specified in section 2252 for obtaining the special restrictions on dissemination and use of criminal history record information relating to a criminal conviction as specified in section 2255. The written motion must briefly address each of the statutory prerequisites.
2254. Motion and hearing; process
2255. Special restrictions on dissemination and use of criminal history record information relating to criminal conviction
Notwithstanding Title 16, section 704, the criminal history record information relating to a criminal conviction for which the court has determined the person is entitled to special restrictions on dissemination and use is confidential and may not be disseminated by a criminal justice agency, whether directly or through any intermediary, except:
For the purposes of this section, dissemination to a criminal justice agency for the purpose of the administration of criminal justice includes dissemination and use of the criminal history record information relating to the qualifying criminal conviction by an attorney for the State or for another jurisdiction as part of a prosecution of the person for a new crime, including use in a charging instrument or other public court document and in open court.
2256. Limited disclosure of eligible criminal conviction
A person who has a criminal conviction eligible for the special restrictions on dissemination and use of criminal history record information under section 2255 may respond to inquiries from other than criminal justice agencies by not disclosing its existence without being subject to any sanctions.
2257. Unlawful dissemination
A person who intentionally disseminates criminal history record information relating to a criminal conviction in violation of section 2255 knowing it to be in violation is guilty of unlawful dissemination as provided in Title 16, section 707.
2258. Review of determination of eligibility; review of determination of subsequent criminal conviction
A final judgment entered under section 2254, subsection 5 or 7 may be reviewed by the Supreme Judicial Court.
This chapter is repealed October 1, 2019.
Sec. 2. 16 MRSA 707, sub- 1, as enacted by PL 2013, c. 267, Pt. A, 2, is amended to read:
This bill establishes a process to apply special restrictions on the dissemination and use of criminal history record information about an eligible criminal conviction. To be eligible for the special restrictions, a person must file a motion with the court in the underlying criminal proceeding.
The Department of Public Safety, Bureau of State Police, State Bureau of Identification upon receipt of a court order must promptly alter its records relating to the person’s qualifying criminal conviction to reflect that future dissemination of this criminal history record information must be pursuant to the new procedure and is required to notify all prior recipients who have received that information within the year prior to the court order of the change. It must also notify the person of compliance with that requirement and of the prior recipients notified.
If the person is convicted of a subsequent crime, the person is required to file a written notice in the underlying criminal proceeding.
The criminal history record information relating to the eligible criminal conviction is confidential and may not be disseminated by a criminal justice agency, whether directly or through any intermediary, except to the person and to a criminal justice agency for the purpose of the administration of criminal justice and criminal justice agency employment. Unlawfully releasing the restricted information is a violation of the release of confidential information under the criminal history record information laws.
The provisions establishing the process to apply special restrictions on the dissemination and use of criminal history record information about an eligible criminal conviction are repealed October 1, 2019.
Pattern of Cosponsorship by Region:
Pattern of Cosponsorship by Gender:
Pattern of Cosponsorship by Party:
Pattern of Cosponsorship by Campaign Finance Classification:
Note: Maine Clean Elections Act (MCEA) Qualified candidates only accept a small dollar value of initial contributions early in their campaigns, pledge not to accept further campaign contributions from private sources, and receive public funding for their campaigns. MCEA Non-Qualified candidates choose not to obtain public funding and instead are free to accept campaign contributions from individuals, party committees, political action committees and business sources.
This information about LD 210 was last updated on 2016-05-12.
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