| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 15 MRSA §3314, sub-§6, as corrected by RR 2001, c. 2, Pt. A, | §24 and affected by §25, is amended to read: |
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| | 6. Forfeiture of firearms. As part of every disposition in | every proceeding under this code, every firearm that constitutes | the basis for an adjudication for a juvenile crime that, if | committed by an adult, would constitute a violation of section | 393; Title 17-A, section 1105-A, subsection 1, paragraph C-1; | Title 17-A, section 1105-B, subsection 1, paragraph C; Title 17- | A, section 1105-C, subsection 1, paragraph C-1; or Title 17-A, | section 1105-D, subsection 1, paragraph B-1 and every firearm | used by the juvenile or any accomplice during the course of | conduct for which the juvenile has been adjudicated to have | committed a juvenile crime that would have been forfeited | pursuant to Title 17-A, section 1158 1158-A if the criminal | conduct had been committed by an adult must be forfeited to the | State and the juvenile court shall so order unless another person | satisfies the court prior to the dispositional hearing and by a | preponderance of the evidence that the other person had a right | to possess the firearm, to the exclusion of the juvenile, at the | time of the conduct that constitutes the juvenile crime. Rules | adopted by the Attorney General that govern the disposition of | firearms forfeited pursuant to Title 17-A, section 1158 1158-A | govern forfeitures under this subsection. |
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| | Sec. 2. 17-A MRSA §15-A, sub-§§1, 2 and 3, as amended by PL 1991, c. 459, | §4, are further amended to read: |
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| | 1. A law enforcement officer who has probable cause to | believe a crime has been or is being committed by a person may | issue or have delivered a written summons to that person | directing that person to appear in the District Court to answer | the allegation that the person has committed the crime. The | summons must include the signature of the officer, a brief | description of the alleged crime, the time and place of the | alleged crime and the time, place and date the person is to | appear in court. The form used must be the Uniform Summons and | Complaint, except that, if the agency by whom the officer is | employed has on May 1, 1991 current stocks of forms that the | agency is authorized to use, the agency may permit officers to | use those forms until those stocks are depleted. A person to | whom a summons is issued or delivered must give a written promise | to appear. If the person refuses to sign the summons after | having been ordered to do so by a law enforcement officer, the | person commits a Class E crime. As soon as practicable after | service of the summons, the officer shall cause a copy of the | summons to be filed with the court. |
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