An Act Regarding Computers Used To Commit a Crime or Facilitate the Commission of a Crime
Sec. 1. 17-A MRSA §431, sub-§2, as enacted by PL 1989, c. 620, is amended to read:
Sec. 2. 17-A MRSA §431, sub-§10-A is enacted to read:
Sec. 3. 17-A MRSA §§436 and 437 are enacted to read:
§ 436. Permanent destruction of computer data on a computer used in the commission of a crime
If the conditions identified in paragraphs A to G of this subsection are not met, the computer data that are the subject of the request must be permanently destroyed in accordance with subsection 1.
§ 437. Permissible destruction or transfer of ownership to the State of a computer used in the commission of a crime
If the State assumes ownership of a computer pursuant to this subsection, all computer data stored on the computer must be permanently destroyed by the State, or caused by the State to be permanently destroyed, in accordance with section 436.
Sec. 4. Public notice concerning computers and computer data already in the custody of a criminal justice agency. Before a criminal justice agency, pursuant to the Maine Revised Statutes, Title 17-A, section 436 or 437, permanently destroys any computer data or disposes or assumes ownership of a computer in the custody of the agency prior to the effective date of this Act, the agency shall post on its publicly accessible website a notice stating that, unless written notification as described in Title 17-A, section 436, subsection 2 or Title 17-A, section 437, subsection 2 is given to the criminal justice agency within 4 months after the effective date of this Act, all such computer data and computers must be disposed of in accordance with the provisions of Title 17-A, section 436 or 437.
summary
This bill amends the law regarding the disposition of computers used to commit crimes to:
1. Add a definition of "data storage device," as it is used in the definition of "computer";
2. Require that computer data stored on a computer in the possession of the State that was used to commit or facilitate the commission of a crime be permanently destroyed or caused to be permanently destroyed by the State through the removal and destruction of any parts of the computer on which the computer data are stored;
3. Permit the release of specifically identifiable computer data to persons requesting that computer data if certain conditions are met;
4. Permit the State to either destroy or assume ownership of a computer under certain circumstances;
5. Allow a person having a bona fide property interest in a computer in the custody of the State to take possession of that computer, but only after computer data on the computer have been permanently destroyed. If the computer was used to commit or facilitate the commission of a crime involving sexual exploitation of a minor, that computer, and all computer data on that computer, must be permanently destroyed;
6. Require the State, if it assumes ownership of a computer, to permanently destroy, or cause to be permanently destroyed, all computer data stored on that computer; and
7. Require that, before a criminal justice agency permanently destroys any computer data or disposes or assumes ownership of a computer in the custody of the agency prior to the effective date of this bill, the agency post on its publicly accessible website a notice stating that, unless written notification as described in the bill is given to the criminal justice agency within 4 months after the effective date of this bill, all such computer data and computers must be disposed of in accordance with the provisions of the bill.