An Act To Amend the Law Relating to the Crime of Hindering Apprehension or Prosecution
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, current laws relating to the crime of hindering apprehension or prosecution do not include hindering the apprehension or prosecution of persons who violate probation, supervised release for sex offenders or parole and therefore create significant barriers to timely arrest and prosecution that are of immediate concern; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Sec. 1. 17-A MRSA §753, sub-§1-B, ¶¶E and F, as enacted by PL 2001, c. 667, Pt. D, §17, are amended to read:
(1) The actor knew of the conduct of the other person that has in fact resulted in the charge of murder or a Class A crime or that has in fact rendered the other person liable to such a charge. Violation of this subparagraph is a Class B crime;
(2) The conduct of the other person has in fact resulted in the charge of murder or a Class A crime or in fact has rendered the other person liable to such a charge or the other person is charged or is liable to be charged with a Class B crime. Violation of this subparagraph is a Class C crime;
(3) The other person is charged or is liable to be charged with a Class C crime. Violation of this subparagraph is a Class D crime; or
(4) The other person is charged or is liable to be charged with a Class D or Class E crime. Violation of this subparagraph is a Class E crime; or
(1) The actor knew of the conduct of the other person that has in fact resulted in the charge of murder or a Class A crime or that has in fact rendered the other person liable to such a charge. Violation of this subparagraph is a Class B crime;
(2) The conduct of the other person has in fact resulted in the charge of murder or a Class A crime or in fact has rendered the other person liable to such a charge or the other person is charged or is liable to be charged with a Class B crime. Violation of this subparagraph is a Class C crime;
(3) The other person is charged or is liable to be charged with a Class C crime. Violation of this subparagraph is a Class D crime; or
(4) The other person is charged or is liable to be charged with a Class D or Class E crime. Violation of this subparagraph is a Class E crime . ; or
Sec. 2. 17-A MRSA §753, sub-§1-B, ¶G is enacted to read:
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.
summary
This bill includes in the crime of hindering apprehension or prosecution those who hinder the apprehension or prosecution of those who violate probation, supervised release for sex offenders or parole.