CHAPTER 143

H.P. 741 - L.D. 1020

An Act To Amend the Maine Criminal Code as Recommended by

the Criminal Law Advisory Commission

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

Sec. 1. 17-A MRSA §106, sub-§1-A is enacted to read:

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.

Sec. 2. 17-A MRSA §106, sub-§4, as enacted by PL 1975, c. 499, §1, is amended to read:

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.

Sec. 3. 17-A MRSA §107, as amended by PL 1995, c. 215, §§2 and 3, is further amended to read:

§107. Physical force in law enforcement

1. A law enforcement officer is justified in using a reasonable degree of nondeadly force upon another person: