Maine Revised Statutes Title 16 Sec. 805-A – Exceptions
Current as of: 2023 | Check for updates
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1. Dissemination of certain information. This chapter does not preclude dissemination of intelligence and investigative record information that is confidential under section 804 by a Maine criminal justice agency to:
A. Another criminal justice agency; [PL 2023, c. 235, §3 (NEW).]
B. A person or public or private entity as part of the criminal justice agency’s administration of criminal justice or the administration of civil justice by the Department of the Attorney General or a district attorney’s office; [PL 2023, c. 235, §3 (NEW).]
C. A person accused of a crime or that person’s agent or attorney for trial and sentencing purposes if authorized by:
(1) The responsible prosecutorial office or prosecutor; or
(2) A court rule, court order or court decision of this State or of the United States.
As used in this subsection, “agent” means a licensed professional investigator, an expert witness or a parent, foster parent or guardian if the accused person has not attained 18 years of age; [PL 2023, c. 235, §3 (NEW).]
D. A federal court, the District Court, Superior Court or Supreme Judicial Court or an equivalent court in another state; [PL 2023, c. 235, §3 (NEW).]
E. A person or public or private entity expressly authorized to receive the intelligence and investigative record information by statute, executive order, court rule, court decision or court order. “Express authorization” means language in the statute, executive order, court rule, court decision or court order that specifically speaks of intelligence and investigative record information or specifically refers to a type of intelligence or investigative record; or [PL 2023, c. 235, §3 (NEW).]
F. The Secretary of State for use in the determination and issuance of a driver’s license suspension. [PL 2023, c. 235, §3 (NEW).]
[PL 2023, c. 235, §3 (NEW).]
Terms Used In Maine Revised Statutes Title 16 Sec. 805-A
- Administration of civil justice: means activities relating to the anticipation, prevention, detection, monitoring or investigation of known, suspected or possible civil violations and prospective and pending civil actions. See Maine Revised Statutes Title 16 Sec. 803
- Administration of criminal justice: means activities relating to the anticipation, prevention, detection, monitoring or investigation of known, suspected or possible crimes. See Maine Revised Statutes Title 16 Sec. 803
- 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
- Executive order: means an order of the President of the United States or the chief executive of a state that has the force of law and that is published in a manner permitting regular public access. See Maine Revised Statutes Title 16 Sec. 803
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- 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
- State: means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam and American Samoa. See Maine Revised Statutes Title 16 Sec. 803
- Statute: A law passed by a legislature.
- Statute: means an Act of Congress or an act of a state legislature or a provision of the Constitution of the United States or the constitution of a state. See Maine Revised Statutes Title 16 Sec. 803
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
2. Record of complaint. On request to a Maine criminal justice agency under the Freedom of Access Act, a person is entitled to receive one copy of a complaint made by that person. The criminal justice agency may not charge a fee for a copy of a complaint provided under this subsection.
[PL 2023, c. 235, §3 (NEW).]
SECTION HISTORY
PL 2023, c. 235, §3 (NEW).