| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 15 MRSA §1003, sub-§5-A, as enacted by PL 1995, c. 356, §1, | | is amended to read: |
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| | | 5-A. Failure to appear. "Failure to appear" includes a | | failure to appear at the time or place required by a release | | order and the failure to surrender into custody at the time | | and place required by a release order or by the Maine Rules of | | Criminal Procedure, Rule 32(a) and Rule 38(c). |
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| | | Sec. 2. 15 MRSA §1075 is enacted to read: |
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| | | §1075.__Attorney not to act as surety or deposit cash bail for |
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| | | An attorney, while representing a defendant, may not act as | | surety for or deposit cash bail for the client. |
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| | | This bill amends the definition of "failure to appear" to | | include a failure to surrender into custody at the time and | | place required under the Maine Rules of Criminal Procedure, | | Rule 32(a)(1). |
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| | | The bill also prohibits an attorney in a criminal matter, | | while representing a defendant, from providing cash bail or | | acting as surety for the client. This same prohibition is | | found in the Maine Rules of Criminal Procedure, Rule 26(d). |
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