Sec. 1. 15 MRSA §2115-A, sub-§5, as amended by PL 1995, c. 47, §3, is repealed and the following enacted in its place:

5.__Approval of Attorney General or district attorney. In any appeal taken pursuant to subsection 1, 2, 2-A or 2-B, written approval is required as follows.

A.__The approval of the Attorney General or the district attorney for the prosecutorial district in which an assistant district attorney practices is required for an appeal filed by that assistant district attorney.

B.__The approval of the Attorney General is required for all other appeals filed by the State.

If the attorney for the State filing the notice of appeal states in the notice that the Attorney General or the district attorney for the district in which the appeal is taken has orally stated that the approval will be granted, the written approval may be filed at a later date.

SUMMARY

Current law allows an assistant district attorney to appeal an adverse decision only with the written approval of the Attorney General. This bill allows both the Attorney General and the district attorney for the district in which the appeal is taken to approve the appeal of cases prosecuted by an assistant district attorney.