Maine LD 96: An Act To Ensure Release Of Relevant Background Investigation Material To Current Employers Of Law Enforcement And Corrections Officers

Bill Text

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STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
_____
H.P. 64 - L.D. 96
An Act to Ensure Release of Relevant Background Investigation Material to
Current Employers of Law Enforcement and Corrections Officers
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 25 MRSA §2805-B, sub-§4, ¶B, as enacted by PL 2021, c. 256, §1, is
amended to read:
B. The applicant shall sign a request that an employing agency release all employment
records to a hiring agency. For the purposes of the employment application, the request
form must include a waiver of any rights that the applicant has to the privacy of the
employment records, including those rights related to the exchange of information
resulting from a background investigation or polygraph examination under subsection
5 between the employing agency and the hiring agency. The request form must be
signed by the applicant and the signature must be witnessed. The board shall adopt
rules establishing a standard request and waiver form. Rules adopted pursuant to this
paragraph are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A.
Sec. 2. 25 MRSA §2805-B, sub-§5, as enacted by PL 2021, c. 256, §2, is amended
to read:
5. Release of the results of a background investigation or polygraph examination.
When a background investigation or polygraph examination has been performed on a law
enforcement officer or corrections officer and the results indicate probable cause to believe
that the officer is or has been involved in criminal activity, the head of the law enforcement
agency, correctional facility or county or regional jail that conducted the investigation or
examination or for whom the investigation or examination was performed shall release the
results of the investigation or examination to the head of the law enforcement agency,
correctional facility or county or regional jail that employs the law enforcement officer or
corrections officer.
The head of the law enforcement agency, correctional facility or county or regional jail that
conducted the background investigation or polygraph examination of the law enforcement
officer or corrections officer, or for whom the investigation or examination was performed,
is immune from civil or criminal liability for releasing information gathered during the
investigation or examination to the head of the law enforcement agency, correctional
APPROVED
MAY 15, 2023
BY GOVERNOR
CHAPTER
84
PUBLIC LAW

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facility or county or regional jail that employs the law enforcement officer or corrections
officer.