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ME LD1671

ME LD1671
An Act to Establish Disclosure Requirements Regarding Law Enforcement Officer Credibility Information


summary

Introduced
04/17/2025
In Committee
04/17/2025
Crossed Over
Passed
Dead

Introduced Session

132nd Legislature

Bill Summary

This bill requires that a law enforcement agency disclose to a prosecuting attorney's office when a law enforcement officer who is a potential witness in a criminal prosecution has engaged in certain specified conduct that calls into question the credibility of the officer as a witness, including, but not limited to, knowingly making untruthful statements of material facts, tampering with evidence, other dishonest acts or admissions of dishonesty, demonstrated patterns of bias against protected classes and facts reflecting an officer's impaired ability to perceive or recall the truth of a matter. Law enforcement agencies must notify the law enforcement officer when disclosing the credibility information to a prosecuting attorney's office. The prosecuting attorney's office must provide notice to the law enforcement officer and the chief law enforcement officer of the reporting law enforcement agency at least 10 calendar days before disclosure of the information to a defendant, except under specific circumstances, and provide the law enforcement officer an opportunity to address a potential disclosure to a defendant before any such disclosure is made. The bill requires a law enforcement agency to adopt written policies and procedures for disclosing credibility information to a prosecuting attorney's office. It requires the prosecuting attorney's office to adopt written policies and procedures for receiving and maintaining credibility records concerning law enforcement officers, disclosing credibility information to a defendant under the Maine Rules of Unified Criminal Procedure, Rule 16, notifying other prosecuting attorney's offices in the State of the credibility information and removing such records if the information is later determined to be inaccurate or false. The bill allows an officer to file a petition in Superior Court to require a prosecuting attorney's office to remove the credibility information from the officer's records of that officer if the credibility information is found to be false or inaccurate.

AI Summary

This bill establishes comprehensive requirements for disclosing credibility information about law enforcement officers in criminal cases. It defines "credibility information" broadly, including sustained findings of officer misconduct such as making untruthful statements, demonstrating bias, tampering with evidence, violating constitutional rights, or having an impaired ability to perceive truth. The bill mandates that law enforcement agencies must notify prosecuting attorneys' offices about such credibility information for any officer who might be a witness in a criminal prosecution. Before disclosing this information to a defendant, the prosecuting attorney's office must provide at least 10 calendar days' notice to the involved officer, allowing the officer an opportunity to provide input or request an in-camera court review. Both law enforcement agencies and prosecuting attorneys' offices are required to develop written policies by January 1, 2026, for handling and maintaining these credibility records. The bill also provides a mechanism for officers to petition the Superior Court to remove credibility information that is found to be inaccurate or false. This legislation aims to ensure transparency and accountability in the criminal justice system by requiring disclosure of information that could potentially impact an officer's reliability as a witness.

Committee Categories

Justice

Sponsors (9)

Last Action

Carried over, in the same posture, to any special or regular session of the 132nd Legislature, pursuant to Joint Order SP 800. (on 06/25/2025)

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