§805. Exceptions

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:   [PL 2013, c. 267, Pt. A, §3 (NEW).]

1.  Another criminal justice agency.  Another criminal justice agency;

[PL 2013, c. 267, Pt. A, §3 (NEW).]

2.  A person or entity for purposes of intelligence gathering or ongoing investigation.  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 2013, c. 267, Pt. A, §3 (NEW).]

3.  An accused person or that person's agent or attorney.  A person accused of a crime or that person's agent or attorney for trial and sentencing purposes if authorized by:

A. The responsible prosecutorial office or prosecutor; or   [PL 2013, c. 267, Pt. A, §3 (NEW).]

B. A court rule, court order or court decision of this State or of the United States.   [PL 2013, c. 507, §5 (AMD).]

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 2013, c. 507, §5 (AMD).]

4.  Court.  A federal court, the District Court, Superior Court or Supreme Judicial Court or an equivalent court in another state;

[PL 2013, c. 267, Pt. A, §3 (NEW).]

5.  An authorized person or entity.  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 2013, c. 267, Pt. A, §3 (NEW).]

6.  Secretary of State.  The Secretary of State for use in the determination and issuance of a driver's license suspension.

[PL 2013, c. 267, Pt. A, §3 (NEW).]

SECTION HISTORY

PL 2013, c. 267, Pt. A, §3 (NEW). PL 2013, c. 507, §5 (AMD).