LD 1844
pg. 4
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LR 2693
Item 1

 
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 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


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