| | |
Whenever a hearing is to be held under this section, the court | | shall determine whether the person whose release or discharge is | | in issue is indigent. If the court finds that the person is | | indigent, it shall appoint counsel to represent the person in | | connection with the hearing. Fees for court-appointed counsel | | for services rendered in connection with any hearing held under | | this section, or appeal from a decision in any hearing, and the | | fees of any expert witnesses called by the district attorney, | | Attorney General or on behalf of the person whose release or | discharge is in issue, if indigent, shall | State. Any such fee to be in order for payment shall | | first approved by the justice presiding at the hearing held | | under this section. |
|
| | | Sec. 5. 15 MRSA §393, sub-§1, as amended by PL 2001, c. 549, §2, is | | further amended to read: |
|
| | | 1. Possession prohibited. A person may not own, possess or | | have under that person's control a firearm, unless that person | | has obtained a permit under this section, if that person: |
|
| | A-1. Has been convicted of committing or found not | criminally responsible by reason of mental disease or | defect |
|
| | | (1) A crime in this State that is punishable by | | imprisonment for a term of one year or more; |
|
| | | (2) A crime under the laws of the United States that | | is punishable by imprisonment for a term exceeding | | one year; |
|
| | | (3) A crime under the laws of any other state that, | | in accordance with the laws of that jurisdiction, is | | punishable by a term of imprisonment exceeding one | | year. This subparagraph does not include a crime | | under the laws of another state that is classified by | | the laws of that state as a misdemeanor and is | | punishable by a term of imprisonment of 2 years or | | less; |
|
| | | (4) A crime under the laws of any other state that, | | in accordance with the laws of that jurisdiction, | | does not come within subparagraph (3) but is | | elementally substantially similar to a crime in this | | State that is punishable by a term of imprisonment | | for one year or more; or |
|
| | | (5) A crime under the laws of the United States, this State | | or any other state or the Passamaquoddy Tribe or |
|
|
