An Act Containing the Recommendations of the Criminal Law Advisory Commission
Sec. 1. 4 MRSA §51, as repealed and replaced by PL 1969, c. 354, is amended to read:
§ 51. Constitution of court; concurrence required
When sitting as a law court Law Court to determine questions of law arising in any civil actions and in criminal trials and proceedings or criminal action or proceeding, the Supreme Judicial Court shall must be composed as provided by rules promulgated adopted by that court and shall hear and determine such questions by the concurrence of a majority of the justices sitting and qualified to act.
Sec. 2. 15 MRSA §1026, sub-§2, as repealed by PL 2007, c. 374, §4 and amended by c. 377, §4, is repealed.
Sec. 3. 15 MRSA §1026, sub-§3, as amended by PL 2007, c. 374, §§6 to 8 and c. 377, §5, is repealed and the following enacted in its place:
(1) Remain in the custody of a designated person or organization agreeing to supervise the defendant, including a public official, public agency or publicly funded organization, if the designated person or organization is able to reasonably ensure the appearance of the defendant at the time and place required, that the defendant will refrain from any new criminal conduct, the integrity of the judicial process and the safety of others in the community. When it is feasible to do so, the judicial officer shall impose the responsibility upon the defendant to produce the designated person or organization. The judicial officer may interview the designated person or organization to ensure satisfaction of both the willingness and ability required. The designated person or organization shall agree to notify immediately the judicial officer of any violation of release by the defendant;
(2) Maintain employment or, if unemployed, actively seek employment;
(3) Maintain or commence an educational program;
(4) Abide by specified restrictions on personal associations, place of abode or travel;
(5) Avoid all contact with a victim of the alleged crime, a potential witness regarding the alleged crime or with any other family or household members of the victim or the defendant or to contact those individuals only at certain times or under certain conditions;
(6) Report on a regular basis to a designated law enforcement agency or other governmental agency;
(7) Comply with a specified curfew;
(8) Refrain from possessing a firearm or other dangerous weapon;
(9) Refrain from use or excessive use of alcohol and from any use of drugs;
(10) Undergo, as an outpatient, available medical or psychiatric treatment, or enter and remain, as a voluntary patient, in a specified institution when required for that purpose;
(10-A) Enter and remain in a long-term residential facility for the treatment of substance abuse;
(11) Execute an agreement to forfeit, in the event of noncompliance, such designated property, including money, as is reasonably necessary to ensure the appearance of the defendant at the time and place required, to ensure that the defendant will refrain from any new criminal conduct, to ensure the integrity of the judicial process and to ensure the safety of others in the community and post with an appropriate court such evidence of ownership of the property or such percentage of the money as the judicial officer specifies;
(12) Execute a bail bond with sureties in such amount as is reasonably necessary to ensure the appearance of the defendant at the time and place required, to ensure that the defendant will refrain from any new criminal conduct, to ensure the integrity of the judicial process and to ensure the safety of others in the community;
(13) Return to custody for specified hours following release for employment, schooling or other limited purposes;
(14) Report on a regular basis to the defendant's attorney;
(15) Notify the court of any changes of address or employment;
(16) Provide to the court the name, address and telephone number of a designated person or organization that will know the defendant's whereabouts at all times;
(17) Inform any law enforcement officer of the defendant's condition of release if the defendant is subsequently arrested or summonsed for new criminal conduct; and
(18) Satisfy any other condition that is reasonably necessary to ensure the appearance of the defendant at the time and place required, to ensure that the defendant will refrain from any new criminal conduct, to ensure the integrity of the judicial process and to ensure the safety of others in the community.
Sec. 4. 17-A MRSA §15, sub-§1, ¶A, as amended by PL 2003, c. 102, §1, is further amended to read:
(1) Murder;
(2) Any Class A, Class B or Class C crime;
(3) Assault while hunting;
(4) Any offense defined in chapter 45;
(5) Assault, criminal threatening, terrorizing or stalking, if the officer reasonably believes that the person may cause injury to others unless immediately arrested;
(5-A) Assault, criminal threatening, terrorizing, stalking, criminal mischief, obstructing the report of a crime or injury or reckless conduct if the officer reasonably believes that the person and the victim are family or household members, as defined in Title 19-A, section 4002, subsection 4;
(5-B) Domestic violence assault, domestic violence criminal threatening, domestic violence terrorizing, domestic violence stalking or domestic violence reckless conduct;
(6) Theft as defined in section 357, when the value of the services is $1,000 or less if the officer reasonably believes that the person will not be apprehended unless immediately arrested;
(7) Forgery, if the officer reasonably believes that the person will not be apprehended unless immediately arrested;
(8) Negotiating a worthless instrument if the officer reasonably believes that the person will not be apprehended unless immediately arrested;
(9) A violation of a condition of probation when requested by a probation officer or juvenile community corrections officer;
(10) Violation of a condition of release in violation of Title 15, section 1026, subsection 3; Title 15, section 1027, subsection 3; Title 15, section 1051, subsection 2; and Title 15, section 1092;
(11) Theft involving a detention under Title 17, section 3521;
(12) Harassment, as set forth in section 506-A;
(13) Violation of a protection order, as specified in Title 5, section 4659, subsection 2; Title 15, section 321, subsection 6; former Title 19, section 769, subsection 2; former Title 19, section 770, subsection 5; Title 19-A, section 4011, subsection 3; and Title 19-A, section 4012, subsection 5; or
(14) A violation of a sex offender registration provision under Title 34-A, chapter 15; and
(15) A violation of a requirement of administrative release when requested by the attorney for the State;
(16) A violation of a condition of supervised release for sex offenders when requested by a probation officer; or
(17) A violation of a court-imposed deferment requirement of a deferred disposition when requested by the attorney for the State; and
Sec. 5. 17-A MRSA §16, sub-§2, as repealed and replaced by PL 2007, c. 466, Pt. B, §11 and affected by §12, is amended to read:
Sec. 6. 17-A MRSA §261, sub-§2, ¶C, as enacted by PL 2007, c. 393, §1, is amended to read:
Sec. 7. 17-A MRSA §1205, sub-§4, ¶A, as enacted by PL 2005, c. 661, §1 and affected by §9, is amended to read:
Sec. 8. 17-A MRSA §1304, sub-§3, as repealed and replaced by PL 1999, c. 367, §5, is amended to read:
Sec. 9. 19-A MRSA §4002, sub-§4, as amended by PL 2005, c. 265, §19, is further amended to read:
summary
This bill is proposed by the Criminal Law Advisory Commission and does the following.
The bill amends the Maine Revised Statutes, Title 4, section 51 to conform the language with Rule 12(a) of the Maine Rules of Appellate Procedure.
The bill deletes the first sentence of Title 15, section 1026, subsection 3 as amended by Public Law 2007, chapter 377, corrects a conflict created when Public Law 2007, chapter 374 amended the same section of law and adds a new introductory sentence that more accurately identifies the purpose of subsection 3.
The bill adds to subparagraph 12 of Title 15, section 1026, subsection 3, paragraph A language that was unintentionally omitted when that paragraph was amended by Public Law 2007, chapter 374, section 6.
The bill modifies Title 17-A, section 15, subsection 1, paragraph A by adding a new subparagraph 5-B to reflect the new domestic violence crimes recently added to chapter 9 of the Maine Criminal Code and by adding subparagraphs 15, 16 and 17, allowing a law enforcement officer to make a warrantless arrest of any person who the officer has probable cause to believe has committed or is committing a violation of a requirement of administrative release when requested by the attorney for the State, of a condition of supervised release for sex offenders when requested by a probation officer and of a court-imposed deferment requirement of a deferred disposition when requested by the attorney for the State.
The bill strikes the current references in Title 17-A, section 16, subsection 2 to section 255 and section 501, subsection 2, as each has been repealed. It also adds in Title 17-A, section 16, subsection 2 a reference to current section 255-A, the section that replaced former section 255.
The bill deletes the word "any" in Title 17-A, section 261, subsection 2, paragraph C, which is unnecessary and inconsistent with the parallel paragraph C of section 261, subsection 1.
The bill amends Title 17-A, section 1205, subsection 4, paragraph A by changing the current directive as to where a probable cause hearing should take place. Current law provides that the hearing must be held as near to the place where the new violation is alleged to have taken place as is reasonable. This change would create the general rule that the hearing be held in the court where the person was placed on probation, thus facilitating participation at the hearing by the prosecutorial office that prosecuted the underlying criminal case in the first instance rather than an office wholly unfamiliar with the case. A court would be free to order that the hearing be held elsewhere, on request of the State, the defendant or the court, if it is reasonable under the circumstances to hold the hearing in a court other than the court that sentenced the person, based on the availability of resources and familiarity with the defendant, the underlying case, the alleged violation and the person's conduct while under supervision.
The bill eliminates in Title 17-A, section 1304, subsection 3 the necessity of a court bringing a motion to enforce payment of a fine and providing notification to the offender if at the time of sentence imposition the court's order to pay the fine and accompanying warnings to the offender comply with Title 14, section 3141, subsection 3 or 4. In that event, if the offender fails to appear as directed by the court's fine order, the court may issue a bench warrant.
The bill amends the definition of "family or household members" in Title 19-A, section 4002, subsection 4 by adding Title 17-A, sections 15, 207-A, 209-A, 210-B, 210-C and 211-A to the current list of Maine Criminal Code sections for which the definition includes "individuals presently or formerly living together and individuals who are or were sexual partners."