MaineProposed rules would require investigators to explain crime-related contacts
The proposed replacement amendment would require State Police rules for investigator contacts, including consent before discussing crimes with minors and a way to stop further contact.
What it does
The Chief of the State Police would have to set rules for professional investigators who contact crime victims or witnesses.
Before discussing a crime with a minor, an investigator would need consent from a parent or guardian who is not the defendant. Before seeking related information, the investigator would have to explain who hired them, why, and that answering is optional.
A victim or witness, or a minor's parent or guardian who is not the defendant, could ask an investigator to stop contact. The investigator could not try again unless contact was expressly allowed.
Investigators employed by or on behalf of the Maine Commission on Public Defense Services would need a State Police license to work as professional investigators.
The amendment would allocate $367,230 each year for two years to the Maine Commission on Public Defense Services for investigative services.
Argument forVictims and witnesses could know who is asking questions and why, and could stop unwanted contact.
Argument againstInvestigators might get less information if victims or witnesses decline to speak, or stop contact before an investigation is complete.
More detail
The Chief of the State Police would have to adopt rules about professional investigators' communications with crime victims and witnesses. The rules would cover professional investigators who contact crime victims or witnesses. The Chief would adopt the rules with advice from the Board. The rules would be routine technical rules.
The rules would require investigators to get consent before discussing a crime with a minor and to share information before seeking substantially related information from a victim or witness. These rules would apply to communications about a crime with a minor and requests for information substantially related to a crime from its victim or witness. The minor's parent or guardian must not be the defendant in the case. Before seeking information, the investigator would have to explain the investigation's purpose, name the person who hired them, and say that speaking is optional. If the investigator is employed by, paid by, or contracted to serve the Maine Commission on Public Defense Services; works for a criminal defense attorney to investigate a crime; or works at a defendant's direction or for the defendant's benefit, the investigator would have to disclose that they are working for the defendant's benefit. Consent would be needed before communicating with a minor about the crime. The disclosures would be required before seeking substantially related information.
The rules would require an investigator to stop trying to contact a victim or witness after a stop-contact request, unless that person later expressly allows contact. A victim or witness, or a minor's parent or guardian who is not the defendant, could request that the investigator stop contacting the victim or witness. A request may be oral or written. For a minor victim or witness, the request may come from a parent or guardian who is not the defendant. A request could be made at any time.
The amendment would require professional investigators employed by or on behalf of the Maine Commission on Public Defense Services to obtain a State Police license. The requirement described in the amendment summary covers professional investigators employed by or on behalf of the Maine Commission on Public Defense Services.
The amendment would allocate General Fund money to the Maine Commission on Public Defense Services for investigative services. The listed funds would go to the Maine Commission on Public Defense Services for investigative services. The allocations are listed for fiscal years 2025–26 and 2026–27.
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Where it stands
- Introduced
- Passed 1st Chamber
- Became Law
- Died
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Apr 29Died in Possession of the Senate when the Legislature adjourned Sine Die and was PLACED IN THE LEGISLATIVE FILES. (DEAD)Died
- 2025
- Jun 25CARRIED OVER, in the same posture, to any special or regular session of the 132nd Legislature, pursuant to Joint Order SP 800.
- Jun 16On motion by Senator ROTUNDO of Androscoggin PLACED ON THE SPECIAL APPROPRIATIONS TABLE pending ENACTMENT in concurrence.
- Jun 16Sent for concurrence. ORDERED SENT FORTHWITH.
- Jun 16PASSED TO BE ENACTED.Became Law
- Jun 16Under suspension of the Rules, READ A SECOND TIME and PASSED TO BE ENGROSSED AS AMENDED by Committee Amendment "A" (H-704) in concurrenceMinor
- Jun 16Committee Amendment "A" (H-704) READ and ADOPTEDMinor
- Jun 16READ ONCEMinor
- Jun 16On motion by Senator BEEBE-CENTER of Knox the Majority Ought to Pass as Amended Report ACCEPTED
- Jun 16Reports Read
- Jun 13Reported Out - OTP-AM/ONTP
- Jun 13Sent for concurrence. ORDERED SENT FORTHWITH.
- Jun 13The Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment "A" (H-704).Minor
- Jun 13Under suspension of the rules, the Bill was given its SECOND READING without REFERENCE to the Committee on Bills in the Second Reading.
- Jun 13Committee Amendment "A" (H-704) was READ and ADOPTED.Minor
- Jun 13The Bill was READ ONCE.Minor
- Jun 13On motion of Representative HASENFUS of Readfield, the Majority Ought to Pass as Amended Report was ACCEPTED.
- Jun 13Reports READ.
- May 30Reported Out - OTP-AM/ONTP
- May 14Voted - Divided Report
- May 14Work Session Held
- May 5Work Session Held - TABLED
- Mar 26Work Session Held - TABLED
- Mar 21Carried over, in the same posture, to the next special or regular session of the 132nd Legislature, pursuant to Joint Order SP 519.
- Feb 11The Bill was REFERRED to the Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY in concurrenceMinor
- Feb 11Sent for concurrence. ORDERED SENT FORTHWITH.
- Feb 11The Bill was REFERRED to the Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY.Minor
- Feb 11Committee on Criminal Justice and Public Safety suggested and ordered printed.Introduced
Criminal Justice