LD 1844
pg. 4
Page 3 of 10 An Act To Amend the Maine Criminal Code and Motor Vehicle Laws as Recommended b... Page 5 of 10
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LR 2693
Item 1

 
shall attempt to verify the evidence as quickly as is reasonably
possible. During the period that verification is being attempted,
the officer may require the person to remain in the officer's
presence for a period not to exceed 2 hours. During this period,
if the officer reasonably believes that the officer's safety or the
safety of others present requires, the officer may search for any
dangerous weapon by an external patting of the person's outer
clothing. If in the course of the search the officer feels an
object that the officer reasonably believes to be a dangerous
weapon, the officer may take such action as is necessary to examine
the object, but may take permanent possession of the object only if
it is subject to forfeiture. The requirement that the person
remain in the presence of the officer does not constitute an
arrest.

 
After informing the person of the provisions of this subsection,
the officer may arrest the person either if the person
intentionally refuses to furnish any evidence of that person's
correct name and, address or date of birth or if, after
attempting to verify the evidence as provided for in this
subsection, the officer has probable cause to believe that the
person has intentionally failed to provide reasonably credible
evidence of the person's correct name and, address or date of
birth.

 
3. If, at any time subsequent to an arrest made pursuant to
subsection 2, it appears that the evidence of the person's
correct name and, address and date of birth was accurate, the
person must be released from custody and any record of that
custody must show that the person was released for that reason.
If, upon trial for violating subsection 2, a person is acquitted
on the ground that the evidence of the person's correct name and,
address and date of birth was accurate, the record of acquittal
must show that that was the ground.

 
Sec. 5. 17-A MRSA §751, sub-§1, as amended by PL 1997, c. 351, §2, is
further amended to read:

 
1. A person is guilty of obstructing government
administration if the person uses intentionally interferes by
force, violence or intimidation or engages in any criminal act
with the intent to interfere by any physical act with a public
servant performing or purporting to perform an official function.

 
Sec. 6. 17-A MRSA §1158, as amended by PL 2003, c. 143, §7, is
repealed.

 
Sec. 7. 17-A MRSA §1158-A is enacted to read:

 
§1158-A.__Forfeiture of firearms


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