| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 17-A MRSA §9, sub-§3, as amended by PL 1975, c. 740, §17, is | further amended to read: |
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| | 3. The District Courts shall have jurisdiction to try civil | violations, and Class D and E crimes, and to impose sentence in | Class A, B and C crimes in which the District Court has accepted | a plea of guilty and to bind over for the grand jury all other | crimes. |
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| | Sec. 2. 17-A MRSA §15-A, sub-§1, as amended by PL 2003, c. 657, §2, is | 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 appropriate | trial 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. 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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| | Sec. 3. 17-A MRSA §1205-A, sub-§2, as amended by PL 1995, c. 502, Pt. | F, §14, is further amended to read: |
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| | 2. The preliminary hearing must be held before an official | designated by the Commissioner of Corrections. It must be held | at a location as near to the place where the violation is alleged | to have taken place as is reasonable under the circumstances. If | it is alleged that the person violated probation because of the | commission of a new offense, the preliminary hearing is limited | to the issue of identification, if probable cause on the new | offense has been found by the District Court or by the Superior | Court, or the person has been indicted, has waived indictment or | has been convicted. |
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| | This bill makes statutory changes to the Maine Criminal Code | in light of recent amendments to the Maine Rules of Criminal | Procedure that eliminate the need for a bind-over hearing by | starting a case that involves murder or at least one Class A, |
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