HP0447
LD 633		 First Regular Session - 124th Maine Legislature
C "A", Filing Number H-201
Text: MS-Word, RTF or PDF
 LR 798
Item 2
Bill Tracking Chamber Status

Amend the bill by striking out all of section 2 (page 1, lines 3 to 19 in L.D.) and inserting the following:

‘Sec. 2. 17-A MRSA §751-B  is enacted to read:

§ 751-B.  Refusing to submit to arrest or detention

1.    A person is guilty of refusing to submit to arrest or detention if, with the intent to hinder, delay or prevent a law enforcement officer from effecting the arrest or detention of that person, the person:
A.  Refuses to stop on request or signal of a law enforcement officer. Violation of this paragraph is a Class E crime;
B.  Uses physical force against the law enforcement officer. Violation of this paragraph is a Class D crime; or
C.  Creates a substantial risk of bodily injury to the law enforcement officer. Violation of this paragraph is a Class D crime.
2.    It is a defense to prosecution under this section that the person reasonably believed that the person attempting to effect the arrest or detention was not a law enforcement officer. It is a defense to prosecution under subsection 1, paragraph A that the law enforcement officer acted unlawfully in attempting to effect the arrest or detention.

Sec. 3. Appropriations and allocations. The following appropriations and allocations are made.

CORRECTIONS, DEPARTMENT OF

State Board of Corrections Investment Fund Z075

Initiative: Appropriates funds for the incremental costs associated with one projected incarceration in a county jail.

GENERAL FUND 2009-10 2010-11
All Other
 $2,959 $2,959
inline graphic sline.gif inline graphic sline.gif
GENERAL FUND TOTAL $2,959 $2,959

CORRECTIONS, DEPARTMENT OF
DEPARTMENT TOTALS 2009-10 2010-11
GENERAL FUND
 $2,959 $2,959
inline graphic sline.gif inline graphic sline.gif
DEPARTMENT TOTAL - ALL FUNDS $2,959 $2,959

JUDICIAL DEPARTMENT

Courts - Supreme, Superior and District 0063

Initiative: Provides funds for court-appointed counsel.

GENERAL FUND 2009-10 2010-11
All Other
 $350 $350
inline graphic sline.gif inline graphic sline.gif
GENERAL FUND TOTAL $350 $350

JUDICIAL DEPARTMENT
DEPARTMENT TOTALS 2009-10 2010-11
GENERAL FUND
 $350 $350
inline graphic sline.gif inline graphic sline.gif
DEPARTMENT TOTAL - ALL FUNDS $350 $350

SECTION TOTALS 2009-10 2010-11
GENERAL FUND
 $3,309 $3,309
inline graphic sline.gif inline graphic sline.gif
SECTION TOTAL - ALL FUNDS $3,309 $3,309
’

SUMMARY

This amendment redefines the offense of refusing to submit to arrest or detention as proposed in the bill. A person is guilty of refusing to submit to arrest or detention if, with the intent to hinder, delay or prevent a law enforcement officer from effecting the arrest or detention of that person, the person refuses to stop on request or signal of a law enforcement officer, which is a Class E crime; uses physical force against the law enforcement officer, which is a Class D crime; or creates a substantial risk of bodily injury to the law enforcement officer, which is a Class D crime. The amendment maintains the defense to prosecution that the person reasonably believed that the person attempting to effect the arrest or detention was not a law enforcement officer. The amendment also adds the defense that the law enforcement officer acted unlawfully in attempting to effect the arrest or detention for the offense of refusing to stop on request or signal of a law enforcement officer. It also adds an appropriations and allocations section.

FISCAL NOTE REQUIRED
(See attached)

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