PUBLIC LAWS
First Special Session of the 122nd

CHAPTER 326
H.P. 866 - L.D. 1248

An Act Regarding the Initiation of Cases of Murder and Class A, B and C Crimes in Superior Court by Complaint

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 4 MRSA §165, sub-§3, as enacted by PL 1999, c. 731, Pt. ZZZ, §6 and affected by §42, is amended to read:

     3. Crimes; one year or more imprisonment. The District Court has, concurrent with the Superior Court, original jurisdiction to receive pleas of guilty in criminal cases, other than murder, in which:

A. The maximum term of imprisonment to which the defendant may be sentenced upon conviction of that crime is one year or more;
B. The defendant has in writing waived the defendant's right to indictment by grand jury and the defendant's right to a jury trial; and
C. The defendant has indicated the defendant's intention to enter a plea of guilty to the charges pending against the defendant.

When exercising such jurisdiction, the District Court possesses all of the powers of the Superior Court. The District Court shall exercise that jurisdiction in the manner that the Supreme Judicial Court by rule provides. Any person sentenced under this subsection is entitled to the rights provided by Title 15, chapter 306-A.
The District Court has jurisdiction to bind over for the grand jury all other crimes.

     Sec. 2. 17-A MRSA §9, sub-§3, as amended by PL 1975, c. 740, §17, is further amended to read:

     3. The District Courts shall have jurisdiction to try civil violations, and Class D and E crimes, and to impose sentence in Class A, B and C crimes in which the District Court has accepted a plea of guilty and to bind over for the grand jury all other crimes.

     Sec. 3. 17-A MRSA §15-A, sub-§1, as amended by PL 2003, c. 657, §2, is further amended to read:

     1. A law enforcement officer who has probable cause to believe a crime has been or is being committed by a person may issue or have delivered a written summons to that person directing that person to appear in the District Court appropriate trial court to answer the allegation that the person has committed the crime. The summons must include the signature of the officer, a brief description of the alleged crime, the time and place of the alleged crime and the time, place and date the person is to appear in court. The form used must be the Uniform Summons and Complaint. A person to whom a summons is issued or delivered must give a written promise to appear. If the person refuses to sign the summons after having been ordered to do so by a law enforcement officer, the person commits a Class E crime. As soon as practicable after service of the summons, the officer shall cause a copy of the summons to be filed with the court.

     Sec. 4. 17-A MRSA §1205-A, sub-§2, as amended by PL 1995, c. 502, Pt. F, §14, is further amended to read:

     2. The preliminary hearing must be held before an official designated by the Commissioner of Corrections. It must be held at a location as near to the place where the violation is alleged to have taken place as is reasonable under the circumstances. If it is alleged that the person violated probation because of the commission of a new offense, the preliminary hearing is limited to the issue of identification, if probable cause on the new offense has been found by the District Court or by the Superior Court, or the person has been indicted, has waived indictment or has been convicted.

     Sec. 5. Effective date. This Act takes effect January 1, 2006, except that those sections of this Act that amend the Maine Revised Statutes, Title 4, section 165, subsection 3 and Title 17-A, section 9, subsection 3 take effect July 1, 2006.

Effective January 1, 2006, unless otherwise indicated.

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