LD 1248
pg. 1
LD 1248 Title Page An Act Regarding the Initiation of Cases of Murder and Class A, B and C Crimes ... Page 2 of 2
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LR 2196
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 17-A MRSA §9, sub-§3, as amended by PL 1975, c. 740, §17, is
further amended to read:

 
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.

 
Sec. 2. 17-A MRSA §15-A, sub-§1, as amended by PL 2003, c. 657, §2, is
further amended to read:

 
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.

 
Sec. 3. 17-A MRSA §1205-A, sub-§2, as amended by PL 1995, c. 502, Pt.
F, §14, is further amended to read:

 
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.

 
SUMMARY

 
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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