Sec. 3. 15 MRSA §3304, sub-§6-B is enacted to read:

6-B.__Failure of parent or custodian to attend certain proceedings.__The parent, guardian or legal custodian of a juvenile charged with committing a juvenile crime involving making a bomb threat to a school shall attend all court proceedings.__A parent, guardian or legal custodian who knowingly or intentionally fails to attend a court proceeding for a juvenile charged with committing a juvenile crime involving making a bomb threat to a school commits a Class E crime.

Sec. 4. 15 MRSA §3314, sub-§1, ķE, as amended by PL 1997, c. 752, §18, is further amended to read:

E. The court may require the juvenile or the juvenile's parent, guardian or legal custodian when the juvenile is adjudicated of a juvenile crime involving making a bomb threat to a school to make restitution for any damage to the victim or other authorized claimant as compensation for economic loss upon reasonable conditions that the court determines appropriate. For the purposes of this paragraph, the definitions in Title 17-A, section 1322 and the provisions of Title 17-A, sections 1324, 1328-A and 1329 apply, except that section 1329, subsection 3, paragraph A does not apply.

Sec. 5. 15 MRSA §3314, sub-§3-B is enacted to read:

3-B.__License suspension for making bomb threat to school.__If a juvenile violates Title 17-A, section 209, 210 or 509 and is adjudicated pursuant to this chapter to have committed a juvenile crime involving making a bomb threat to a school, the court shall take the following actions:

A.__Suspend that juvenile's driver's license or permit to operate a motor vehicle;

B.__Prohibit the juvenile from operating a motor vehicle or applying for and obtaining a driver's license;

C.__Prohibit the issuance or renewal of an occupational, business, trade or professional license to the juvenile; and

D.__Prohibit the issuance or renewal of a hunting, fishing, boating or other recreational license to the juvenile.

The court shall issue an order to prevent the issuance or renewal of licenses under this subsection.__The court shall give notice of suspension and take physical custody of a driver's license or permit as provided in Title 29-A.__The court shall immediately forward the driver's license and a certified abstract of suspension to the Secretary of State.__The court also shall give notice of the order to prevent the issuance or renewal of licenses under this subsection to the Commissioner of Inland Fisheries and Wildlife and the Commissioner of Marine Resources.

Licenses suspended, revoked or denied issuance or renewal under this subsection may not be issued or reissued until the that person attains 20 years of age.

Sec. 6. 17-A MRSA §1152, sub-§2-D is enacted to read:

2-D.__As part of a sentence for a person who is 18 to 19 years of age and is convicted of violating section 209, 210 or 509 and the crime involved making a bomb threat to a school, the court shall take the following actions:

A.__Suspend that person's driver's license or permit to operate a motor vehicle;

B.__Prohibit that person from operating a motor vehicle or applying for and obtaining a driver's license;

C.__Prohibit the issuance or renewal of an occupational, business, trade or professional license to that person; and

D.__Prohibit the issuance or renewal of a hunting, fishing, boating or other recreational license to that person.

The court shall issue an order to prevent the issuance or renewal of licenses under this subsection.__The court shall give notice of suspension and take physical custody of a driver's license or permit as provided in Title 29-A.__The court shall immediately forward the driver's license and a certified abstract of suspension to the Secretary of State.__The court also shall give notice of the order to prevent the issuance or renewal of licenses under this subsection to the Commissioner of Inland Fisheries and Wildlife and the Commissioner of Marine Resources.

Licenses suspended, revoked or denied issuance or renewal under this subsection may not be issued or reissued until the person attains 20 years of age.

Sec. 7. 17-A MRSA §1322, sub-§5, as amended by PL 1987, c. 157, §3, is repealed and the following enacted in its place:

5.__Offender. "Offender" means:

A.__A natural person or organization convicted of a crime; or

B.__A parent, guardian or legal custodian of a juvenile adjudicated of a juvenile crime involving making a bomb threat to a school.

Sec. 8. 17-A MRSA §1330-B is enacted to read:

§1330-B.__Cap on certain restitution

An offender as defined in section 1322, subsection 5, paragraph B may be ordered to pay restitution to the school departments, municipal governments, county governments or state agencies that incur costs in responding to a bomb threat.__The amount of the restitution may not exceed $10,000 per bomb threat.

Sec. 9. 29-A MRSA §2463 is enacted to read:

§2463.__Suspension for crime involving bomb threat to school

1.__Suspension by Secretary of State.__The Secretary of State shall immediately suspend the driver's license or permit to operate a motor vehicle or the right to apply for a license or permit of a person alleged to have made a bomb threat to a school pending final disposition by the court.

2.__Stay.__If, within 10 days from the effective date of the suspension, the Secretary of State receives a request in writing for a hearing in accordance with section 2483, the suspension is stayed until a hearing is held and a decision is issued.

3.__Restoration of license.__The Secretary of State shall restore a driver's license or permit to operate a motor vehicle and right to apply for and obtain a driver's license or permit to operate a motor vehicle suspended under this section upon receipt of an attested copy of the court record finding the person not guilty of the crime or adjudicated to have not committed a juvenile crime involving making a bomb threat to a school.

Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

SUMMARY

This bill, which is part of the majority report of the Joint Study Committee to Study Bomb Threats in Maine Schools, amends

both the Maine Juvenile Code and the Maine Criminal Code for juveniles or adults who are 18 or 19 years of age and who are involved in making a bomb threat to a school. The bill:

1. Amends the Maine Juvenile Code to require the juvenile court to give scheduling priority to juvenile criminal cases involving making a bomb threat to a school;

2. Amends the Maine Juvenile Code to require the date of initial court appearance for a juvenile involved in making a bomb threat to a school to occur no later than 30 days after a juvenile community corrections officer receives the law enforcement officer's report on that case;

3. Requires that the court suspend, revoke or deny issuance of driver's, occupational and recreational licenses to persons up to 20 years of age who are adjudicated or convicted of crimes involving making a bomb threat to a school. Licenses suspended, revoked or denied issuance under this subsection may not be issued or reissued until the person attains 20 years of age;

4. Requires the Secretary of State to suspend the license or permit of any person determined to have made a bomb threat to a school pending final disposition of the case by the court;

5. Requires that the parent, guardian or legal custodian of a juvenile charged with committing a juvenile crime involving making a bomb threat to a school attend all juvenile court proceedings; and

6. Amends the restitution law to allow a court to order the parent, guardian or legal custodian of a juvenile adjudicated of a crime involving making a bomb threat to a school to make restitution of up to $10,000 to the school departments, municipal governments, county governments or state agencies that incur costs in responding to the bomb threat.