PUBLIC Law, Chapter 332, An Act To Establish Requirements for Civil Deputies

An Act To Establish Requirements for Civil Deputies

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

Sec. 1. 14 MRSA §702, as amended by PL 1987, c. 223, §1, is further amended to read:

§ 702. Duty of sheriffs, deputies and civil deputies; fees

Every sheriff and each of his the sheriff's deputies and civil deputies, as defined in Title 30-A, section 351, subsection 5, shall serve and execute, within his the sheriff's county, all writs and precepts issued by lawful authority to him directed and committed to the sheriff, including those in which a town, plantation , or parish of which the sheriff is a resident, or religious society or school district, of which he the sheriff is at the time a member, is a party or interested, but his the sheriff's legal fees for service shall must first be paid or secured to him the sheriff. If the fees are not paid or secured to him the sheriff when the process is delivered to him the sheriff, he the sheriff shall immediately return it to the plaintiff or attorney offering it; or if sent to him the sheriff by mail or otherwise, he the sheriff shall put it into some a post office within 24 hours, directed to the person sending it; otherwise he the sheriff waives his the sheriff's right to his the sheriff's fees before service.

Sec. 2. 14 MRSA §709 is amended to read:

§ 709. Service on deputy sheriff or civil deputy sheriff

Any writ or precept in which the deputy or civil deputy, as defined in Title 30-A, section 351, subsection 5, of a sheriff is a party may be served by any other deputy or civil deputy of the same sheriff.

Sec. 3. 30-A MRSA §104, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:

§ 104. Execution of process

Sheriffs and their deputies and constables shall execute all legal processes directed to them by the commissioners. A civil deputy, as defined in section 351, subsection 5, shall serve civil process as directed by the sheriff.

Sec. 4. 30-A MRSA §351, sub-§5 is enacted to read:

5. Civil deputy. "Civil deputy" means a deputy who meets the requirements for a civil deputy adopted by the sheriff and has been designated by the sheriff to enforce civil laws and serve civil process.

Sec. 5. 30-A MRSA §381, sub-§6 is enacted to read:

6. Exceptions for civil deputies. The provisions of subsections 1 to 5 do not apply to civil deputies. The sheriff may designate one or more persons to serve as civil deputies to enforce civil laws and serve civil process in accordance with the state rules of court. A civil deputy holds no other law enforcement powers. A civil deputy is compensated under section 386, subsection 4. The sheriff may adopt rules, procedures and requirements related to the qualifications and training of a civil deputy and the service of civil process.

Sec. 6. 30-A MRSA §386, sub-§4 is enacted to read:

4. Civil deputies. Civil deputies must be compensated at a reasonable rate established by the county commissioners pursuant to section 421.

Effective 90 days following adjournment of the 128th Legislature, Second Regular Session, unless otherwise indicated.

SP0661 LD 1776	PUBLIC Law, Chapter 332 on - Session - 128th Maine Legislature
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