Sec. 1. 15 MRSA §1702, as amended by PL 1989, c. 104, Pt. C, §§8 and 10, is repealed and the following enacted in its place:

§1702.__No punishment until conviction; costs

1.__No punishment before conviction.__A person may not be punished for an offense until convicted of that offense in a court having jurisdiction over the person and case.

2.__Costs included in sentence.__If a person is convicted and the court imposes a fine, the court:

A.__May sentence the defendant to pay the costs of prosecution;

B.__May sentence the defendant to pay the costs of drug tests, other than tests under Title 29-A, administered to the defendant by a law enforcement officer or medical personnel at the request of a law enforcement officer.__ The court shall transfer all amounts paid by a defendant under this paragraph to the municipality, county or agency that incurred the costs; and

C.__Shall, if the case is prosecuted in District Court, sentence the defendant to pay a fine sufficient to cover the costs as provided in Title 4, section 173.__This paragraph does not apply to defendants prosecuted for violations of Title 26, chapter 7, subchapter 1-B or for violations of Title 28-A, sections 2078 and 2223.

SUMMARY

This bill authorizes a court to include in a sentence for a crime the costs of drug tests administered by a law enforcement agency to the defendant. The court must then pay over any amounts collected to the municipality, county or law enforcement agency that incurred the costs. This bill does not apply to a test administered under the Maine Revised Statutes, Title 29-A for OUI.