An Act To Require Investigation and Prosecution of Assaults by Law Enforcement Officers against Unarmed Individuals

Sec. 1. 5 MRSA §200-A,  as amended by PL 1995, c. 200, §1, is further amended by adding at the end a new paragraph to read:

The Attorney General shall prosecute all credible claims of assault against an unarmed person by a law enforcement officer.

Sec. 2. 25 MRSA c. 409  is enacted to read:

CHAPTER 409

ASSAULTS ON UNARMED PERSONS

§ 3841.  Assault on unarmed persons

A law enforcement agency may investigate a claim of assault against an unarmed person by a law enforcement officer of another law enforcement agency. A law enforcement officer who assaults an unarmed person is not immune from personal civil liability under Title 14, section 8111, subsection 1.

summary

This bill requires the Attorney General to prosecute all credible claims of assault by a law enforcement officer against an unarmed person, allows a law enforcement agency to investigate a claim of assault on an unarmed person by a law enforcement officer of another law enforcement agency and removes the immunity from personal civil liability from a law enforcement officer who assaults an unarmed person.