| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 17-A MRSA §751-A, sub-§2, as enacted by PL 1997, c. 351, §3, | | is repealed and the following enacted in its place: |
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| | | 2.__It is a defense to prosecution under this section that the | | person reasonably believed that the person attempting to effect | | the arrest or detention was not a law enforcement officer. |
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| | | This bill removes the defense to a prosecution for refusing to | | submit to an arrest or detention that the person knew that the | | law enforcement officer knew that the arrest or detention was | | illegal. The defense is contradictory to the general law on | | physical force in defense of a person as provided in the Maine | | Revised Statutes, Title 17-A, section 108, subsection 1-A. State | | v. Day, 1999 Me. 29, paragraphs 9 to 15, 724 A.2d 1245, 1247. |
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