| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 17-A MRSA §106, sub-§1-A is enacted to read: |
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| | 1-A.__For purposes of subsection 1, "reasonable degree of | force" is an objective standard.__To constitute a reasonable | degree of force, the physical force applied to the person may | result in no more than transient discomfort or minor temporary | marks on that person. |
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| | Sec. 2. 17-A MRSA §106, sub-§4, as enacted by PL 1975, c. 499, §1, | is amended to read: |
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| | 4. The justification extended in subsections 1, 2 and 3 | does not apply to the purposeful intentional or reckless use | of force that creates a substantial risk of death, serious | bodily injury, or extraordinary pain. |
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| | Sec. 3. 17-A MRSA §107, as amended by PL 1995, c. 215, §§2 and 3, | is further amended to read: |
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| §107. Physical force in law enforcement |
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| | 1. A law enforcement officer is justified in using a | reasonable degree of nondeadly force upon another person: |
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| A. When and to the extent that he the officer reasonably | believes it necessary to effect an arrest or to prevent | the escape from custody of an arrested person, unless he | the officer knows that the arrest or detention is illegal; | or |
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| B. To defend himself or herself or a 3rd person from what | he the officer reasonably believes to be the imminent use | of unlawful nondeadly force encountered while attempting | to effect such an arrest or while seeking to prevent such | an escape. |
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| | 2. A law enforcement officer is justified in using deadly | force only when he the officer reasonably believes such force | is necessary: |
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| A. To defend himself or herself or a 3rd person from what | he the officer reasonably believes is the imminent use of | unlawful deadly force; or |
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| B. To effect an arrest or prevent the escape from arrest of a | person when the law enforcement officer reasonably believes | that the person has committed a crime involving the use or | threatened use of deadly force, is using a dangerous weapon in | attempting to escape or otherwise indicates that |
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