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An Act To Require an Interstate Identification Index System Background Check for Certain Crimes
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  15 MRSA §458  is enacted to read:
§ 458. Interstate identification index system background check required for certain crimes
 
1.  Background check required.     Prior to filing a charging instrument with a court, an attorney for the State charging a person with any of the following crimes shall conduct an interstate identification index system background check on that person:
 
A.  Murder or felony murder under Title 17-A, sections 201 or 202;
 
B.  Any Class A, Class B, Class C or Class D crime under Title 17-A, chapter 9 or 11 when the person's alleged conduct involves:
 
(1) Use of a dangerous weapon as defined in Title 17-A, section 2, subsection 9;
 
(2) A victim who suffers serious bodily injury as defined in Title 17-A, section 2, subsection 23; or
 
(3) A victim who is a family or household member as defined in Title 19-A, section 4002, subsection 4.
 
2.  Certification.     If an attorney for the State is required under subsection 1 to conduct an interstate identification index system background check prior to filing a charging instrument with a court, the attorney shall certify in the charging instrument or an amendment to the charging instrument that an interstate identification index system background check has been conducted on the person charged in the instrument and shall include with the charging instrument or with an amendment to the charging instrument a description of all information obtained from the background check that is relevant to the charges brought.
For the purposes of this section, "interstate identification index system" has the same meaning as in Title 25, section 1703, subsection 12.
 
SUMMARY
This bill amends the criminal procedure laws to require an attorney for the State charging a person with certain crimes, prior to filing the charging instrument with a court, to conduct an interstate identification index system background check on that person. The attorney must certify in the charging instrument or an amendment to the charging instrument that the background check was conducted and must include with the charging instrument or with an amendment to the charging instrument a description of all information obtained from the background check that is relevant to the charges brought.