LD 1844
pg. 2
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LR 2693
Item 1

 
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.

 
2. Any person who a law enforcement officer has probable
cause to believe has committed or is committing a crime other
than one listed under section 15, subsection 1, paragraph A, and
to whom a law enforcement officer is authorized to deliver a
summons pursuant to subsection 1, who intentionally fails or
refuses to provide to that officer reasonably credible evidence
of that person's correct name and, address or date of birth
commits a Class E crime, provided that if the person persists in
the failure or refusal after having been informed by the officer
of the provisions of this subsection. If that person furnishes
the officer evidence of the person's correct name and, address
and date of birth and the evidence does not appear to be
reasonably credible, the officer shall attempt to verify the
evidence as quickly as is reasonably possible. During the period
the 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 that 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 that person of the provisions of this subsection, the


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