HP0820
LD 1127
First Regular Session - 123rd Legislature - Text: MS-Word, RTF or PDF LR 2301
Item 1
Bill Tracking Chamber Status

An Act To Decriminalize Certain Actions

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

Sec. 1. 17-A MRSA §402, sub-§5  is enacted to read:

5   Notwithstanding any other provision of this section, a person who commits trespass but does not pose any threat or danger and gives no resistance to a law enforcement official commits a civil violation for which a fine of $100 or community service work may be imposed.

Sec. 2. 17-A MRSA §761  is enacted to read:

§ 761 Civil disobedience

Notwithstanding the provisions of section 751, a person is guilty of civil disobedience if the person, for political purposes, actively refuses to obey certain laws, demands and commands of a government without resorting to physical violence. Notwithstanding the provisions of section 1252, civil disobedience is a Class E crime for which only a fine of $100 or community service work may be imposed.

summary

This bill makes trespass a civil violation when the trespasser poses no threat or danger and gives no resistance to law enforcement officials. In such cases, a fine of $100 or community service work may be imposed. This bill also creates the crime of civil disobedience, which is when a person, for political purposes, actively refuses to obey certain laws, demands and commands of a government without resorting to physical violence. This bill makes civil disobedience a Class E crime for which only a fine of $100 or community service work may be imposed.


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