CHAPTER 233
H.P. 361 - L.D. 469
An Act To Enhance the Powers of Law Enforcement Officers Authorized To Make Out-of-county or Out-of-municipality Arrests
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 30-A MRSA §405, sub-§1, as enacted by PL 1993, c. 594, §1, is repealed.
Sec. 2. 30-A MRSA §405, sub-§1-A is enacted to read:
1-A. Optional powers. The county commissioners may authorize a county's sheriff and certified full-time deputy sheriffs who have met the requirements of Title 25, section 2804-C to perform any of the acts described in Title 17-A, section 15 while outside the jurisdiction in which they are appointed if, when possible, the law enforcement agency of a foreign municipality in which the arrest is to be made is notified in advance or, when not possible, the law enforcement agency of the foreign municipality in which the arrest has been made is notified immediately after the arrest.
Sec. 3. 30-A MRSA §405, sub-§2, as enacted by PL 1993, c. 594, §1, is amended to read:
2. Liability. When a county sheriff or deputy sheriff makes an arrest, as authorized in subsection 1 1-A, outside of jurisdictional limits of the county in which the sheriff or deputy sheriff is appointed, that sheriff or deputy sheriff has the same immunity from tort liability and all of the pension, relief, disability, worker's compensation, insurance and any other benefits the sheriff or deputy sheriff enjoys while performing duties within the sheriff or deputy sheriff's appointing county.
Sec. 4. 30-A MRSA §2671, sub-§2-A, as enacted by PL 1993, c. 594, §2, is amended to read:
2-A. Optional powers. Notwithstanding subsection 2, municipal officers may authorize a municipality's police officers who have met the requirements of Title 25, section 2804-C to perform any of the following acts described in Title 17-A, section 15 while the police officers are outside the jurisdiction in which they are appointed if, when possible, the law enforcement agency of a foreign municipality in which the arrest is to be made is notified in advance or, when not possible, the law enforcement agency of the foreign municipality in which the arrest has been made is notified immediately after the arrest.:
A. Arrest without a warrant a person who has committed in the officer's presence or is committing in the officer's presence a Class A, B or C crime defined in Title 17-A, chapters 9, 11, 13, 17, 27 or 33 while the officer is on or off duty; or
B. Arrest without a warrant a person for a crime committed in the municipality in which the officer is appointed:
(1) If that municipality authorizes the officers it appoints to make arrests under this paragraph;
(2) If the arrest is made as part of an ongoing criminal investigation made by an officer while on duty and assigned to the investigation;
(3) If the law enforcement agency of a foreign municipality in which the arrest is to be made is notified in advance; and
(4) If the arrest is authorized by Title 17-A, section 15, subsection 1, paragraph A.
As used in this subsection the phrase "committed in the officer's presence or is committing in the officer's presence" has the same meaning as provided in Title 17-A, section 15, subsection 2.
Sec. 5. P&SL 1865, c. 532, §8-A, first ¶, as repealed and replaced by PL 1991, c. 548, Pt. A, §36, is amended to read:
The trustees of the University of Maine System, or such administrators of the University of Maine System as the trustees may designate for this purpose, may appoint persons to act as police officers who, within the limits of the property owned by or under the control of the University of Maine System, possess all of the powers of police officers in criminal cases and civil violations. The trustees of the University of Maine System may authorize the University of Maine System's full-time police officers who have met the requirements of the Maine Revised Statutes, Title 25, section 2804-C to perform any of the acts described in Title 17-A, section 15 while outside the limits of the property owned by or under control of the University of Maine System if the law enforcement agency of a foreign municipality in which the arrest is to be made has requested assistance in advance by cooperative agreement. When a University of Maine System police officer makes an arrest outside the limits of the property owned by or under control of the University of Maine System as authorized in this section, that police officer has the same immunity from tort liability and all of the pension, relief, disability, workers' compensation, insurance and any other benefits the police officer enjoys while performing duties within the limits of the property owned by or under control of the University of Maine System.
Effective September 13, 2003, unless otherwise indicated.
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