Except as provided in sections 805?A and 806, a record that is or contains intelligence and investigative record information is confidential and may not be disseminated by a Maine criminal justice agency to any person or public or private entity if there is a reasonable possibility that public release or inspection of the record would: [PL 2023, c. 235, §1 (AMD).]
1. Interfere with criminal law enforcement proceedings. Interfere with law enforcement proceedings relating to crimes;

[PL 2013, c. 267, Pt. A, §3 (NEW).]

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Terms Used In Maine Revised Statutes Title 16 Sec. 804

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Criminal justice agency: includes the Department of the Attorney General, district attorneys' offices and the equivalent departments or offices in any federal or state jurisdiction. See Maine Revised Statutes Title 16 Sec. 803
  • Dissemination: means the transmission of information by any means, including but not limited to orally, in writing or electronically, by or to anyone outside the criminal justice agency that maintains the information. See Maine Revised Statutes Title 16 Sec. 803
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Intelligence and investigative record information: includes information of record concerning investigative techniques and procedures and security plans and procedures prepared or collected by a criminal justice agency or other agency. See Maine Revised Statutes Title 16 Sec. 803
2. Result in dissemination of prejudicial information. Result in public dissemination of prejudicial information concerning an accused person or concerning the prosecution’s evidence that will interfere with the ability of a court to impanel an impartial jury;

[PL 2013, c. 267, Pt. A, §3 (NEW).]

3. Constitute an invasion of privacy. Constitute an unwarranted invasion of personal privacy;

[PL 2013, c. 267, Pt. A, §3 (NEW).]

4. Disclose confidential source. Disclose the identity of a confidential source;

[PL 2013, c. 267, Pt. A, §3 (NEW).]

5. Disclose confidential information. Disclose confidential information furnished only by a confidential source;

[PL 2013, c. 267, Pt. A, §3 (NEW).]

6. Disclose trade secrets or other confidential commercial or financial information. Disclose trade secrets or other confidential commercial or financial information designated as such by the owner or source of the information, by the Department of the Attorney General or by a district attorney’s office;

[PL 2013, c. 267, Pt. A, §3 (NEW).]

7. Disclose investigative techniques or security plans. Disclose investigative techniques and procedures or security plans and procedures not known by the general public;

[PL 2013, c. 267, Pt. A, §3 (NEW).]

8. Endanger law enforcement or others. Endanger the life or physical safety of any individual, including law enforcement personnel;

[PL 2013, c. 267, Pt. A, §3 (NEW).]

9. Disclose statutorily designated confidential information. Disclose information designated confidential by statute;

[PL 2013, c. 267, Pt. A, §3 (NEW).]

10. Interfere with civil proceedings. Interfere with proceedings relating to civil violations, civil enforcement proceedings and other civil proceedings conducted by the Department of the Attorney General or by a district attorney’s office;

[PL 2013, c. 267, Pt. A, §3 (NEW).]

11. Disclose arbitration or mediation information. Disclose conduct of or statements made or documents submitted by any person in the course of any mediation or arbitration conducted under the auspices of the Department of the Attorney General; or

[PL 2013, c. 267, Pt. A, §3 (NEW).]

12. Identify source of consumer or antitrust complaints. Identify the source of a complaint made to the Department of the Attorney General regarding a violation of consumer or antitrust laws.

[PL 2013, c. 267, Pt. A, §3 (NEW).]

SECTION HISTORY

PL 2013, c. 267, Pt. A, §3 (NEW). PL 2013, c. 507, §4 (AMD). PL 2023, c. 235, §1 (AMD).