LD 884
pg. 2
Page 1 of 2 An Act To Expand the Definition of "Juvenile Crime" To Include the Offenses of ... LD 884 Title Page
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LR 1153
Item 1

 
2. Dispositional powers. All of the dispositional powers of
the Juvenile Court provided in section 3314 apply to a
juvenile who is adjudicated to have committed a juvenile
crime, except that no commitment to a Department of
Corrections juvenile correctional facility or other detention
may be imposed for conduct described in subsection 1,
paragraphs B and, C and H.

 
Sec. 7. 15 MRSA §3201, sub-§3, as amended by PL 1995, c. 470, §6, is
further amended to read:

 
3. Enforcement of other juvenile crimes. A law enforcement
officer who has probable cause to believe that a juvenile
crime, as defined by section 3103, subsection 1, paragraph B
or, C or H has been committed may request that the juvenile
provide the officer with reasonably credible evidence of the
juvenile's name, address and age. The evidence may consist of
oral representations by the juvenile. If the juvenile
furnishes the officer with evidence of the juvenile's name,
address and age and the evidence does not appear to be
reasonably credible, the officer shall attempt to verify the
evidence as quickly as is reasonably possible. During the
period the verification is being attempted, the officer may
require the juvenile to remain present for a period not to
exceed 2 hours.

 
After informing the juvenile of the provisions of this
subsection, the officer may arrest the juvenile for a crime
defined in section 3103, subsection 1, paragraph B or, C or H
if the juvenile intentionally refuses to furnish any evidence
of the juvenile's name, address and age, or if, after
attempting to verify the evidence as provided for in this
subsection, the officer has probable cause to believe that the
juvenile has intentionally failed to provide reasonably
credible evidence of the juvenile's name, address and age.

 
SUMMARY

 
This bill amends the Maine Juvenile Code to add to the
definition of "juvenile crime" the civil violations of
possessing and using drug paraphernalia, transportation of
alcohol or illegal drugs by a minor and violation of a
condition of release imposed by a juvenile correction officer.
The purpose of this bill is to clarify jurisdiction and
enforcement of closely related violations, such as possession
of drugs and possession and use of drug paraphernalia and
possession of alcohol and transportation of alcohol by a
minor. Under current law, for example, a juvenile who is in
possession of illegal drugs and drug paraphernalia is required
to appear in juvenile court for the drug possession charge and
district court for the civil paraphernalia charge.


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