LD 1455
pg. 1
LD 1455 Title Page An Act to Implement the Recommendations of the Committee to Study Further Decri... Page 2 of 2
Download Bill Text
LR 444
Item 1

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

 
PART A

 
Sec. A-1. 14 MRSA Pt. 6-A is enacted to read:

 
*PART 6-A

 
CIVIL VIOLATION PROCEEDINGS

 
CHAPTER 621

 
GENERAL PROVISIONS

 
§5601.__Statute of limitations

 
1.__Three-year period of limitation.__A prosecution for a
civil violation must be commenced within 3 years after the civil
violation is committed.__ It is a defense that prosecution of a
civil violation was commenced after the expiration of the
applicable 3-year period of limitation.

 
2.__Limitations on period of limitation.__The period of
limitation may not run:

 
A.__During any time when the accused is absent from the
State, but in no event may this provision extend the period
of limitation otherwise applicable by more than 5 years;

 
B.__During any time when a prosecution against the accused
for the same civil violation based on the same conduct is
pending in this State; or

 
C.__During any time when a prosecution against the accused
for the corresponding juvenile crime based on the same
conduct is pending in the Juvenile Court.

 
3.__Definitions.__For purposes of this section:

 
A.__A civil violation is committed when every element of the
civil violation has occurred or, if the civil violation
consists of a continuing course of conduct, at the time when
the course of conduct or the defendant's complicity in the
course of conduct is terminated;

 
B.__A prosecution is commenced whenever a complaint is
filed; and

 
C.__"Pending" includes any appeal period and, if an appeal
is taken, any period pending its final disposition.


LD 1455 Title Page Top of Page Page 2 of 2