APPROVED CHAPTER
JULY 31, 2023 485
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
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S.P. 642 - L.D. 1625
An Act to Update Criminal Indictment Procedures and Expand the Provision
of Counsel to Certain Indigent Defendants
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 15 MRSA §810, as amended by P&SL 1975, c. 147, Pt. C, §14, is repealed
and the following enacted in its place:
§810. Copy of indictment furnished; assignment of counsel
1. Copy of indictment furnished. The clerk shall, without charge, furnish to any
person indicted for a crime a copy of the indictment unless the indictment is sealed.
2. Assignment of counsel before arraignment. Before arraignment, competent
defense counsel must be assigned by the court unless waived by the accused after being
fully advised of the accused's rights by the court if the court determines that the accused is
indigent and the accused is charged with murder or a Class A, B or C crime, except when
the accused has not had an initial appearance on the complaint.
3. Assignment of counsel at arraignment. Competent defense counsel must be
assigned by the court unless waived by the accused after being fully advised of the
accused's rights by the court if the court determines that the accused is indigent and that:
A. There is a risk upon conviction that the accused may be sentenced to a term of
imprisonment;
B. The accused has a physical, mental or emotional disability preventing the accused
from fairly participating in the criminal proceeding without counsel; or
C. The accused is a noncitizen for whom the criminal proceeding poses a risk of
adverse immigration consequences.
Page 1 - 131LR0826(05)
Statutes affected: Bill Text LD 1625, SP 642: 15.810
Bill Text ACTPUB , Chapter 485: 15.810