Bill Summary – FastDemocracy

130th MAINE LEGISLATURE
                  FIRST REGULAR SESSION-2021
Legislative Document                                                                        No. 1134
H.P. 812                                                     House of Representatives, March 22, 2021
           An Act To Amend the Maine Bail Code Regarding Certain
           Conditions of Release and the Maine Criminal Code Regarding
           Warrantless Arrests
   Received by the Clerk of the House on March 18, 2021. Referred to the Committee on
Judiciary pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401.
                                                                                 ROBERT B. HUNT
                                                                                            Clerk
Presented by Representative TALBOT ROSS of Portland.
                                       Printed on recycled paper
 Be it enacted by the People of the State of Maine as follows:
     Sec. 1. 15 MRSA §1092, sub-§1, ¶A, as enacted by PL 2003, c. 452, Pt. H, §3 and
 affected by Pt. X, §2, is amended to read:
     A. A Class E crime if the condition is specified in section 1026, subsection 3,
     paragraph A, subparagraph (4), (5), (8), (10-A), (13) or (19); or
     Sec. 2. 15 MRSA §1092, sub-§1-A is enacted to read:
     1-A. Violation of a condition of release for certain crimes. A defendant charged
 with a crime against a family or household member, as defined in Title 19-A, section 4002,
 subsection 4, a sexual assault under Title 17-A, chapter 11 or a violation of a protective
 order, as specified in Title 5, section 4659; Title 15, section 321, subsection 6; Title 17-A,
 section 506-B; or Title 19-A, section 4011 who has been granted preconviction bail and
 who, in fact, violates a condition of release is guilty of:
     A. A Class E crime; or
     B. A Class C crime if the underlying crime was punishable by a maximum period of
     imprisonment of one year or more and the condition of release violated is one specified
     in section 1026, subsection 3, paragraph A, subparagraph (5), (8) or (13).
     Sec. 3. 15 MRSA §1092, sub-§2, as enacted by PL 2003, c. 452, Pt. H, §3 and
 affected by Pt. X, §2, is amended to read:
     2. Affirmative defense. It is an affirmative defense to prosecution under subsection
 subsections 1 and 1-A that the violation resulted from just cause.
     Sec. 4. 17-A MRSA §15, sub-§1, ¶A, as amended by PL 2017, c. 148, §3, is further
 amended to read:
     A. Any person who the officer has probable cause to believe has committed or is
     committing:
         (1) Murder;
         (2) Any Class A, Class B or Class C crime;
         (3) Assault while hunting;
         (4) Any offense defined in chapter 45;
         (5) Assault, criminal threatening, terrorizing or stalking, if the officer reasonably
         believes that the person may cause injury to others unless immediately arrested;
         (5-A) Assault, criminal threatening, terrorizing, stalking, criminal mischief,
         obstructing the report of a crime or injury or reckless conduct if the officer
         reasonably believes that the person and the victim are family or household
         members, as defined in Title 19‑A, section 4002, subsection 4;
         (5-B) Domestic violence assault, domestic violence criminal threatening, domestic
         violence terrorizing, domestic violence stalking or domestic violence reckless
         conduct;
         (6) Theft as defined in section 357, when the value of the services is $1,000 or less
         if the officer reasonably believes that the person will not be apprehended unless
         immediately arrested;
                                         Page 1 - 130LR0020(01)
 (7) Forgery, if the officer reasonably believes that the person will not be
 apprehended unless immediately arrested;
 (8) Negotiating a worthless instrument if the officer reasonably believes that the
 person will not be apprehended unless immediately arrested;
 (9) A violation of a condition of probation when requested by a probation officer
 or juvenile community corrections officer;
 (10) Violation of a condition of release in violation of Title 15, section 1026,
 subsection 3; Title 15, section 1027, subsection 3; Title 15, section 1051,
 subsection 2; and Title 15, section 1092;
 (11) Theft involving a detention under Title 17, section 3521;
 (12) Harassment, as set forth in section 506‑A;
 (13) Violation of a protection order, as specified in Title 5, section 4659,
 subsection 2; Title 15, section 321, subsection 6; Title 17-A, section 506-B; former
 Title 19, section 769, subsection 2; former Title 19, section 770, subsection 5; Title
 19‑A, section 4011, subsection 3; and Title 19‑A, section 4012, subsection 5;
 (14) A violation of a sex offender registration provision under Title 34‑A, chapter
 15;
 (15) A violation of a requirement of administrative release when requested by the
 attorney for the State and the underlying crime was a Class C crime;
 (16) A violation of a condition of supervised release for sex offenders when
 requested by a probation officer;
 (17) A violation of a court-imposed deferment requirement of a deferred
 disposition when requested by the attorney for the State;
 (18) A violation of a condition of release as provided in Title 15, section 3203‑A,
 subsection 9;
 (19) A violation of a condition of supervised community confinement granted
 pursuant to Title 34‑A, section 3036‑A when requested by a probation officer;
 (20) A violation of a condition of placement on community reintegration status
 granted pursuant to Title 34‑A, section 3810 and former section 4112 when
 requested by a juvenile community corrections officer;
 (21) A violation of a condition of furlough or other rehabilitative program
 authorized under Title 34‑A, section 3035 when requested by a probation officer
 or juvenile community corrections officer;
 (22) A violation of preconviction or post-conviction bail pursuant to Title 15,
 section 1095, subsection 2 or section 1098, subsection 2 upon request of the
 attorney for the State;
 (23) Failure to appear in violation of Title 15, section 1091, subsection 1,
 paragraph A;
 (24) A Class D or Class E crime committed while released on preconviction or
 post-conviction bail; or
                                Page 2 - 130LR0020(01)
         (25) A violation of a condition of release from a community confinement
         monitoring program pursuant to Title 30‑A, section 1659‑A; and
     Sec. 5. 17-A MRSA §15, sub-§1, ¶B, as repealed and replaced by PL 1995, c. 680,
 §3, is amended to read:
     B. Any person who has committed or is committing in the officer's presence any Class
     D or Class E crime except as provided in subsection 1-A.
     Sec. 6. 17-A MRSA §15, sub-§1-A is enacted to read:
     1-A. Summons for certain Class D or Class E crimes. A law enforcement officer
 who has probable cause to believe a person has committed or is committing a Class D or
 Class E crime, except for those listed in subsection 1, paragraph A, may not perform a
 warrantless arrest when it is feasible to issue a summons.
                                        SUMMARY
     This bill amends the Maine Bail Code by specifying certain conditions of a violation
 of a condition of release that remain a Class E crime and specifying that certain violations
 of conditions of release, including crimes against a family or household member, sexual
 assault or violations of protective orders, are Class E crimes, unless the underlying crime
 was punishable by a maximum period of imprisonment of one year or more and certain
 conditions of release are violated, in which case it is a Class C crime. This bill also amends
 the provisions in the Maine Criminal Code involving situations when a law enforcement
 officer may make a warrantless arrest and prohibits a warrantless arrest for certain Class D
 or Class E crimes when it is feasible to issue a summons.
                                         Page 3 - 130LR0020(01)
Statutes affected: 
Bill Text LD 1134, HP 812: 15.1092, 17-A.15