LD 832
pg. 1
LD 832 Title Page An Act to Clarify Mutual Aid Agreements Between Law Enforcement Agencies Page 2 of 2
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LR 1079
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 30-A MRSA §2674, as amended by PL 1999, c. 654, §1, is
further amended to read:

 
§2674. Aid to other law enforcement agencies

 
Except as otherwise provided by municipal charter or
ordinance, the municipal officers may authorize the chief of
police or other designee to request other municipalities to
provide police officers to assist the requesting municipality.
The municipal officers may authorize the chief of police or other
designee to provide police officers to assist other
municipalities when so requested by a properly authorized chief
of police or other designee of the requesting municipality.

 
The authorizations of the municipal officers shall must be
accompanied by an agreement between the requesting municipality
and the responding municipality that specifies which municipality
shall be is liable, if any liability is determined to exist, for
personal injury or property damage caused by or occurring to the
police officers of the responding municipality in the course of
assisting the requesting municipality.

 
If the request for assistance is for a major unplanned
incident that jeopardizes the health and welfare of the citizens
of the requesting municipality and when delay may cause further
jeopardy to life or property or in the case of jointly planned
collaborative activity, the police chief of any municipality or
the chief's designee may request assistance from or provide
assistance to another municipality or law enforcement agency
whether or not an agreement between the 2 municipalities or
parties exists. Each police department shall assume its own
liability to a 3rd party, except for liability incurred by the
command or operational decisions made by the requesting
department, which must be assumed by the requesting department.
For the purposes of this paragraph, "major unplanned incident"
means an extraordinary emergency to which a law enforcement
agency is unable to adequately respond that presents a
substantial and imminent danger to the public safety and that
necessitates the cooperation or assistance of other law
enforcement agencies.

 
The police officers of the responding municipality shall or
law enforcement agency have the same authority as police officers
within the limits of the requesting municipality, except as to
the service of civil process and, when assisting other
municipalities, shall have the same privileges and immunities as
when acting within their own municipality jurisdiction.


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