LD 1844
pg. 3
Page 2 of 10 An Act To Amend the Maine Criminal Code and Motor Vehicle Laws as Recommended b... Page 4 of 10
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LR 2693
Item 1

 
1. A law enforcement officer who has probable cause to
believe that a civil violation has been committed by a person
must issue or have delivered a written summons to that person
directing the person to appear in the District Court to answer
the allegation that the person has committed the violation. The
summons must include the signature of the officer, a brief
description of the alleged violation, the time and place of the
alleged violation and the time, place and date the person is to
appear in court. The form used must be the Violation Summons and
Complaint, as prescribed in Title 29-A, section 2601, for traffic
infractions and the Uniform Summons and Complaint for other civil
violations, 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 in place of the Uniform Summons and Complaint
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. The law enforcement officer may not order a person to
sign the summons for a civil violation unless the civil violation
is an offense defined in Title 12; Title 23, section 1980; Title
28-A, section 2052; or Title 29-A.

 
Every law enforcement officer issuing a Violation Summons and
Complaint charging the commission of a traffic infraction shall
file the original of the Violation Summons and Complaint with the
violations bureau within 5 days of the issuance of that Violation
Summons and Complaint. Every law enforcement officer issuing a
Uniform Summons and Complaint that charges the commission of an
offense shall file the original of the Uniform Summons and
Complaint with the District Court having jurisdiction over the
offense or in such other location as instructed by the Chief
Judge of the District Court without undue delay and, in any
event, within 5 days after the issuance of the Uniform Summons
and Complaint.

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

 
2. Any person to whom a law enforcement officer is authorized
to issue or deliver a summons pursuant to subsection 1 who
intentionally fails or refuses to provide the officer reasonably
credible evidence of the person's correct name and, address or
date of birth commits a Class E crime, provided that if the
person persists in that failure or refusal after having been
informed by the officer of the provisions of this subsection. If
the person furnishes the officer evidence of that person's
correct name and, address and date of birth and the evidence does
not appear to be reasonably credible, the officer


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