LD 1844
pg. 2
Page 1 of 10 An Act To Amend the Maine Criminal Code and Motor Vehicle Laws as Recommended b... Page 3 of 10
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LR 2693
Item 1
 
2. Any person who a law enforcement officer has probable
cause to believe has committed or is committing a crime other
than one listed under section 15, subsection 1, paragraph A, and
to whom a law enforcement officer is authorized to deliver a
summons pursuant to subsection 1, who intentionally fails or
refuses to provide to that officer reasonably credible evidence
of that person's correct name and, address or date of birth
commits a Class E crime, provided that if the person persists in
the failure or refusal after having been informed by the officer
of the provisions of this subsection. If that person furnishes
the officer evidence of the person's correct name and, address
and date of birth 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
person to remain in the officer's presence for a period not to
exceed 2 hours. During this period, if the officer reasonably
believes that the officer's safety or the safety of others
present requires, the officer may search for any dangerous weapon
by an external patting of that person's outer clothing. If in
the course of the search the officer feels an object that the
officer reasonably believes to be a dangerous weapon, the officer
may take such action as is necessary to examine the object, but
may take permanent possession of the object only if it is subject
to forfeiture. The requirement that the person remain in the
presence of the officer does not constitute an arrest. After
informing that person of the provisions of this subsection, the
officer may arrest the person either if the person intentionally
refuses to furnish any evidence of that person's correct name,
and address or date of birth or if, after attempting to verify
the evidence as provided for in this subsection, the officer has
probable cause to believe that the person has intentionally
failed to provide reasonably credible evidence of the person's
correct name and, address or date of birth.

 
3. If, at any time subsequent to an arrest made pursuant to
subsection 2, it appears that the evidence of the person's
correct name and, address and date of birth was accurate, the
person must be released from custody and any record of that
custody must show that the person was released for that reason.
If, upon trial for violating subsection 2, a person is acquitted
on the ground that the evidence of the person's correct name and,
address and date of birth was accurate, the record of acquittal
must show that that was the ground.

 
Sec. 3. 17-A MRSA §17, sub-§1, as amended by PL 1995, c. 65, Pt. A,
§56 and affected by §153 and Pt. C, §15, is further amended to
read:

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