CHAPTER 143
H.P. 741 - L.D. 1020
An Act To Amend the Maine Criminal Code as Recommended by the Criminal Law Advisory Commission
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §106, sub-§1-A is enacted to read:
1-A. For purposes of subsection 1, "reasonable degree of force" is an objective standard. To constitute a reasonable degree of force, the physical force applied to the person may result in no more than transient discomfort or minor temporary marks on that person.
Sec. 2. 17-A MRSA §106, sub-§4, as enacted by PL 1975, c. 499, §1, is amended to read:
4. The justification extended in subsections 1, 2 and 3 does not apply to the purposeful intentional or reckless use of force that creates a substantial risk of death, serious bodily injury, or extraordinary pain.
Sec. 3. 17-A MRSA §107, as amended by PL 1995, c. 215, §§2 and 3, is further amended to read:
§107. Physical force in law enforcement
1. A law enforcement officer is justified in using a reasonable degree of nondeadly force upon another person:
A. When and to the extent that he the officer reasonably believes it necessary to effect an arrest or to prevent the escape from custody of an arrested person, unless he the officer knows that the arrest or detention is illegal; or
B. To defend himself or herself or a 3rd person from what he the officer reasonably believes to be the imminent use of unlawful nondeadly force encountered while attempting to effect such an arrest or while seeking to prevent such an escape.
2. A law enforcement officer is justified in using deadly force only when he the officer reasonably believes such force is necessary:
A. To defend himself or herself or a 3rd person from what he the officer reasonably believes is the imminent use of unlawful deadly force; or
B. To effect an arrest or prevent the escape from arrest of a person when the law enforcement officer reasonably believes that the person has committed a crime involving the use or threatened use of deadly force, is using a dangerous weapon in attempting to escape or otherwise indicates that the person is likely to endanger seriously human life or to inflict serious bodily injury unless apprehended without delay; and
(1) The law enforcement officer has made reasonable efforts to advise the person that the officer is a law enforcement officer attempting to effect an arrest or prevent the escape from arrest and the officer has reasonable grounds to believe that the person is aware of this advice; or
(2) The law enforcement officer reasonably believes that the person to be arrested otherwise knows that the officer is a law enforcement officer attempting to effect an arrest or prevent the escape from arrest.
For purposes of this paragraph, "a reasonable belief that another has committed a crime involving use or threatened use of deadly force" means such reasonable belief in facts, circumstances and the law which, if true, would constitute such an offense by that person. If the facts and circumstances reasonably believed would not constitute such an offense, an erroneous but reasonable belief that the law is otherwise justifies the use of deadly force to make an arrest or prevent an escape.
3. A private person who has been directed by a law enforcement officer to assist him the officer in effecting an arrest or preventing an escape from custody is justified in using;:
A. A reasonable degree of nondeadly force when and to the extent that he the private person reasonably believes such to be necessary to carry out the officer's direction, unless he the private person believes the arrest is illegal; or
B. Deadly force only when he the private person reasonably believes such to be necessary to defend himself or herself or a 3rd person from what he the private person reasonably believes to be the imminent use of unlawful deadly force, or when the law enforcement officer directs him the private person to use deadly force and he the private person believes such the officer himself is authorized to use deadly force under the circumstances.
4. A private person acting on his or her own is justified in using:
A. A reasonable degree of nondeadly force upon another when and to the extent that he the private person reasonably believes it necessary to effect an arrest or detention which that is lawful for him the private person to make or prevent the escape from such an arrest or detention; or
B. Deadly force only when the private person reasonably believes such force is necessary:
(1) To defend he the person or a 3rd person from what the private citizen reasonably believes to be the imminent use of unlawful deadly force; or
(2) To effect a lawful arrest or prevent the escape from such arrest of a person who in fact:
(a) Has committed a crime involving the use or threatened use of deadly force, or is using a dangerous weapon in attempting to escape; and
(b) The private citizen has made reasonable efforts to advise the person that the citizen is a private citizen attempting to effect an arrest or prevent the escape from arrest and has reasonable grounds to believe the person is aware of this advice or the citizen reasonably believes that the person to be arrested otherwise knows that the citizen is a private citizen attempting to effect an arrest or prevent the escape from arrest.
5. Except where otherwise expressly provided, a corrections officer, corrections supervisor or law enforcement officer in a facility where persons are confined, pursuant to an order of a court or as a result of an arrest, is justified in using deadly force against such persons under the circumstances described in subsection 2. The officer or another individual responsible for the custody, care or treatment of those persons is justified in using a reasonable degree of nondeadly force when and to the extent the officer or the individual reasonably believes it necessary to prevent any escape from custody or to enforce the rules of the facility.
5-A. A corrections officer, corrections supervisor or law enforcement officer is justified in using deadly force against a person confined in the Maine State Prison or the Maine Correctional Institution - Warren when the officer or supervisor reasonably believes that deadly force is necessary to prevent an escape from custody. The officer or supervisor shall make reasonable efforts to advise the person that if the attempt to escape does not stop immediately, deadly force will be used. This subsection does not authorize any corrections officer, corrections supervisor or law enforcement officer who is not employed by a state agency to use deadly force.
7. Use of force that is not justifiable under this section in effecting an arrest does not render illegal an arrest that is otherwise legal and the use of such unjustifiable force does not render inadmissible anything seized incident to a legal arrest.
8. Nothing in this section constitutes justification for conduct by a law enforcement officer or a private person amounting to an offense against innocent persons whom he the officer or private person is not seeking to arrest or retain in custody.
Sec. 4. 17-A MRSA §210, sub-§1, as amended by PL 2001, c. 383, §11 and affected by §156, is further amended to read:
1. A person is guilty of terrorizing if that person in fact communicates to any person a threat to commit or to cause to be committed a crime of violence dangerous to human life, against the person to whom the communication is made or another, and the natural and probable consequence of such a threat, whether or not such consequence in fact occurs, is:
A. To place the person to whom the threat is communicated or the person threatened in reasonable fear that the crime will be committed. Violation of this paragraph is a Class D crime; or
B. To cause evacuation of a building, place of assembly or facility of public transport or to cause the occupants of a building to be moved to or required to remain in a designated secured area. Violation of this paragraph is a Class C crime.
Sec. 5. 17-A MRSA §454, sub-§1, ¶A, as amended by PL 2001, c. 383, §63 and affected by §156, is further amended to read:
A. Induces or otherwise causes, or attempts to induce or cause, a witness or informant:
(1) To testify or inform falsely in a manner the actor knows to be false; or
(2) To withhold testimony, information or evidence.
Violation of this paragraph is a Class C crime;
Sec. 6. 17-A MRSA §1108, sub-§5, as enacted by PL 2001, c. 419, §20, is amended to read:
5. For purposes of the causation required by subsection 1, engaging in an act of deception described in subsection 2, paragraph A or B is deemed to have gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303, that the act of deception in fact resulted in the acquisition of any drugs prescribed to that person by that prescribing health care provider or person acting under the direction or supervision of that prescribing health care provider.
Sec. 7. 17-A MRSA §1158, first ¶, as repealed and replaced by PL 2001, c. 667, Pt. A, §37 and affected by §38, is amended to read:
As part of every judgment of conviction and sentence imposed, a firearm must be forfeited to the State if that firearm:
Sec. 8. 17-A MRSA §1159 is enacted to read:
§1159. Recalcitrant witness in execution of sentence involving imprisonment
In the event a witness in a grand jury or criminal proceeding has been ordered confined by a court of record in the State as a remedial sanction for refusing to comply with an order of the court to testify or provide evidence, and that witness is already in execution of an undischarged term of imprisonment on a sentence in the State, that court may order that the undischarged term of imprisonment be tolled for the duration of the coercive imprisonment.
Sec. 9. 17-A MRSA §1252, sub-§4-A, as amended by PL 2003, c. 1, §10, is further amended to read:
4-A. If the State pleads and proves that, at the time any crime, excluding murder, under chapter 9, 11, 13 or 27 was committed, the defendant had been convicted of 2 or more crimes violating chapter 9, 11, 13 or 27 or essentially similar crimes in other jurisdictions, the sentencing class for the crime is one class higher than it would otherwise be. In the case of a Class A crime, the sentencing class is not increased, but the prior record must be given serious consideration by the court when imposing a sentence. Section 9-A governs the use of prior convictions when determining a sentence, except that, for the purposes of this subsection, for violations under chapter 11, the dates of prior convictions may have occurred at any time. This subsection does not apply to section 210-A if the prior convictions have already served to enhance the sentencing class under section 210-A, subsection 1, paragraph C.
Sec. 10. 17-A MRSA §1252-B, as repealed and replaced by PL 1995, c. 433, §1, is repealed.
Sec. 11. 17-A MRSA §1302, sub-§1, as enacted by PL 1999, c. 367, §3, is amended to read:
1. In determining the amount of a fine, unless the fine amount is mandatory, and in determining the method of payment of a fine, the court shall take into account the present and future financial capacity of the offender to pay the fine and the nature of the financial burden that payment of the fine will impose on the offender or a dependent of the offender, if any.
Sec. 12. 17-A MRSA §1352, sub-§3, as enacted by PL 1975, c. 740, §124, is amended to read:
3. In the event of the death or resignation of any a member, the vacancy for his the member's unexpired term shall must be filled by the Attorney General.
Sec. 13. 17-A MRSA §1355, sub-§1, as enacted by PL 1975, c. 740, §124, is amended to read:
1. The Attorney General shall notify all members of the time and place of the first meeting. At that time the commission shall organize, elect a chairman chair, vice-chairman vice-chair and secretary-treasurer and adopt rules as to the administration of the commission and its affairs. The commission shall maintain such financial records as may be required by the State Auditor.
Sec. 14. Effective date. That section of this Act that repeals the Maine Revised Statutes, Title 17-A, section 1252-B takes effect January 1, 2004.
Effective September 13, 2003, unless otherwise indicated.
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