Public Law, Chapter 526, 123rd Legislature, Second Regular Session

Chapter 526 H.P. 1567 - L.D. 2197

An Act To Comprehensively Address Grand Jury Territorial Authority To Indict for Crimes

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

Sec. 1. 15 MRSA §1255-A is enacted to read:

§ 1255-A. Grand jury territorial authority to indict for crimes

1. General rule. Grand jury territorial authority to indict for crimes coming within the jurisdiction of the Superior Court must be exercised by the grand jury serving the county where the crime was committed.

2. Exceptions. The following are exceptions to subsection 1.

A. If the Chief Justice of the Supreme Judicial Court creates judicial regions for venue purposes pursuant to Title 4, section 19, each grand jury in a multicounty judicial region may share authority to indict for crimes committed in that judicial region.

B. Grand jury territorial authority to indict for crimes may also be exercised as otherwise provided by law.

3. Administration. The Supreme Judicial Court shall establish by rule or administrative order how and to what extent the shared authority of each grand jury in a multicounty judicial region to indict under subsection 2 may be exercised.

Sec. 2. 15 MRSA §1256, as amended by PL 1973, c. 567, §20, is further amended to read:

§ 1256. Grand jury to present all crimes

Grand juries shall present all offenses cognizable by the court at which they attend crimes for which by law they are given territorial authority to indict, and may appoint one of their number to take minutes of their proceedings to be delivered to the attorney, if the jury so directs. When they are dismissed before the court adjourns, they may be summoned again, on any special occasion, at such time as the court directs. Evidence relating to offenses cognizable by the court may be offered to the grand jury by the Attorney General, the district attorney, the assistant district attorney and, at the discretion of the presiding justice, by such other persons as said presiding justice may permit.

Effective June 30, 2008

Public Laws

123rd Legislature

Second Regular Session

Chapter 526

H.P. 1567 - L.D. 2197