LD 1844
pg. 1
LD 1844 Title Page An Act To Amend the Maine Criminal Code and Motor Vehicle Laws as Recommended b... Page 2 of 10
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LR 2693
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 15 MRSA §3314, sub-§6, as corrected by RR 2001, c. 2, Pt. A,
§24 and affected by §25, is amended to read:

 
6. Forfeiture of firearms. As part of every disposition in
every proceeding under this code, every firearm that constitutes
the basis for an adjudication for a juvenile crime that, if
committed by an adult, would constitute a violation of section
393; Title 17-A, section 1105-A, subsection 1, paragraph C-1;
Title 17-A, section 1105-B, subsection 1, paragraph C; Title 17-
A, section 1105-C, subsection 1, paragraph C-1; or Title 17-A,
section 1105-D, subsection 1, paragraph B-1 and every firearm
used by the juvenile or any accomplice during the course of
conduct for which the juvenile has been adjudicated to have
committed a juvenile crime that would have been forfeited
pursuant to Title 17-A, section 1158 1158-A if the criminal
conduct had been committed by an adult must be forfeited to the
State and the juvenile court shall so order unless another person
satisfies the court prior to the dispositional hearing and by a
preponderance of the evidence that the other person had a right
to possess the firearm, to the exclusion of the juvenile, at the
time of the conduct that constitutes the juvenile crime. Rules
adopted by the Attorney General that govern the disposition of
firearms forfeited pursuant to Title 17-A, section 1158 1158-A
govern forfeitures under this subsection.

 
Sec. 2. 17-A MRSA §15-A, sub-§§1, 2 and 3, as amended by PL 1991, c. 459,
§4, are further amended to read:

 
1. A law enforcement officer who has probable cause to
believe a crime has been or is being committed by a person may
issue or have delivered a written summons to that person
directing that person to appear in the District Court to answer
the allegation that the person has committed the crime. The
summons must include the signature of the officer, a brief
description of the alleged crime, the time and place of the
alleged crime and the time, place and date the person is to
appear in court. The form used must be the Uniform Summons and
Complaint, except that, if the agency by whom the officer is
employed has on May 1, 1991 current stocks of forms that the
agency is authorized to use, the agency may permit officers to
use those forms until those stocks are depleted. A person to
whom a summons is issued or delivered must give a written promise
to appear. If the person refuses to sign the summons after
having been ordered to do so by a law enforcement officer, the
person commits a Class E crime. As soon as practicable after
service of the summons, the officer shall cause a copy of the
summons to be filed with the court.


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