H.P. 1384 - L.D. 1938
Resolve, Directing the Preparation of a Bill to Make Technical Changes to the State's Criminal Statutes
Emergency preamble. Whereas, Acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, an interagency task force is in the process of preparing a uniform offense table to be used in computerized record-keeping systems by a number of state agencies; and
Whereas, the preparation of that table has revealed a number of instances when one statutory element contains multiple criminal offenses or civil violations; and
Whereas, the revision of the Maine Revised Statutes to create a strict one-to-one relationship between a unique statutory citation and each criminal offense or civil violation will increase efficiency and accuracy in law enforcement and judicial administration; and
Whereas, the best time to undertake such a project is between adjournment of the Second Regular Session of one Legislature and the commencement of the First Regular Session of the next Legislature; and
Whereas, unless this resolve is enacted as an emergency, the revision cannot be completed during the legislative interim; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore, be it
Sec. 1. Task force. Resolved: That the Maine Criminal Justice Information System Policy Board, established by the Maine Revised Statutes, Title 16, section 633 and referred to in this resolve as the "MCJUSTIS Board," shall convene a task force to review the Maine Revised Statutes that contain criminal offenses or civil violations and to prepare a bill revising the statutes to create a one-to-one relationship between each crime or civil violation and a unique statutory citation. The bill prepared by the task force may not contain any other substantive revisions to the State's statutes; and be it further
Sec. 2. Membership; staffing. Resolved: That the Chief Judge of the District Court shall act as chair of the task force. The MCJUSTIS Board shall appoint such other members to the task force as are necessary to accomplish its work. The Department of Public Safety, the Department of the Attorney General and the Judicial Department shall provide staffing assistance to the task force. The Legislative Council shall provide assistance to draft legislation. Other Executive Department agencies shall provide advice and technical assistance as requested by the task force, and other state agencies may be requested to provide advice and technical assistance as well; and be it further
Sec. 3. Voluntary service. Resolved: That the members of the task force serve without additional compensation or reimbursement of any type; and be it further
Sec. 4. Reports. Resolved: That the MCJUSTIS Board shall submit a final report and proposed legislation to the joint standing committee of the Legislature having jurisdiction over criminal justice matters, with regard to issues pertaining to the Maine Criminal Code, and to the joint standing committee of the Legislature having jurisdiction over judiciary matters regarding all other issues by January 1, 1999. The proposed legislation must accomplish the purpose of this resolve without making additional substantive changes to the Maine Revised Statutes. Each committee may report out additional legislation related to the report.
Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.
Effective April 1, 1998.
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