CHAPTER 426
H.P. 1010 - L.D. 1402
An Act to Establish the Civil Violation of Creating a Police Standoff
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 25 MRSA c. 405 is enacted to read:
CHAPTER 405
POLICE STANDOFFS
§3801. Creating police standoff
1. Creating police standoff. A person commits the civil violation of creating a police standoff if that person:
A. Is in fact barricaded as a result of the person's own actions;
B. Is or claims to be armed with a dangerous weapon;
C. Is instructed by a law enforcement agency, either personally, electronically or in writing, to leave the barricaded structure; and
D. Fails in fact to leave the barricaded structure within 1/2 hour of receiving the instruction from a law enforcement agency.
2. Civil violation. Creating a police standoff is a civil violation. The court may order a person who creates a police standoff to make restitution to each agency that responded to the standoff. Restitution must equal the direct costs incurred in responding to the standoff or $500, whichever is greater. If any portion of the restitution remains after each agency has been paid its costs, the remainder must be divided equally among the agencies.
3. Barricaded; definition. For purposes of this chapter, "barricaded" means that a person is in a location made inaccessible to law enforcement and others by that person and that person is reasonably believed to have threatened suicide or threatened to inflict or has inflicted serious bodily injury or death on hostages, law enforcement officers or others.
Effective September 19, 1997, unless otherwise indicated.
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