CHAPTER 182
S.P. 311 - L.D. 970
An Act To Allow a Judge To Assess a Fee on a Defendant To Reimburse a Municipality for a Drug Test
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 15 MRSA §1702, as amended by PL 1989, c. 104, Pt. C, §§8 and 10, is repealed and the following enacted in its place:
§1702. No punishment until conviction; costs
1. No punishment before conviction. A person may not be punished for an offense until convicted of that offense in a court having jurisdiction over the person and case.
2. Costs included in sentence. If a person is convicted and the court imposes a fine, the court:
A. May sentence the defendant to pay the costs of prosecution;
B. May sentence the defendant to pay, as restitution, the costs of drug tests, other than tests under Title 29-A, administered to the defendant by a law enforcement officer or medical personnel at the request of a law enforcement officer. The court shall transfer all amounts paid by a defendant under this paragraph to the municipal, county or state agency that incurred the costs; and
C. Shall, if the case is prosecuted in District Court, sentence the defendant to pay a fine suffi-cient to cover the costs as provided in Title 4, section 173. This paragraph does not apply to defendants prosecuted for violations of Title 26, chapter 7, subchapter 1-B or for violations of Title 28-A, sections 2078 and 2223.
Effective September 13, 2003, unless otherwise indicated.
| Revisor of Statutes Homepage | Subject Index | Search | 121st Laws of Maine | Maine Legislature |
