An Act To Implement Certain Recommendations of the Criminal Law Advisory Commission Relative to the Maine Bail Code, the Maine Juvenile Code and the Maine Criminal Code and Related Statutes
Sec. 1. 15 MRSA §393, sub-§1, as amended by PL 2009, c. 651, §1, is further amended to read:
(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 Penobscot Nation in a proceeding in which the prosecuting authority was required to plead and prove that the person committed the crime with the use of:
(a) A firearm against a person; or
(b) Any other dangerous weapon;
(1) Under paragraph A-1, subparagraphs (1) to (4) and bodily injury to another person was threatened or resulted; or
(3) Under paragraph A-1, subparagraph (5);
(1) Includes a finding that the person represents a credible threat to the physical safety of an intimate partner or a child; or
(2) By its terms, explicitly prohibits the use, attempted use or threatened use of physical force against an intimate partner or a child that would reasonably be expected to cause bodily injury; or
(1) Committed involuntarily to a hospital pursuant to an order of the District Court under Title 34-B, section 3864 because the person was found to present a likelihood of serious harm, as defined under Title 34-B, section 3801, subsection 4-A, paragraphs A to C;
(2) Found not criminally responsible by reason of insanity with respect to a criminal charge; or
(3) Found not competent to stand trial with respect to a criminal charge.
For the purposes of this subsection, a person is deemed to have been convicted upon the acceptance of a plea of guilty or nolo contendere or a verdict or finding of guilty, or of the equivalent in a juvenile case, by a court of competent jurisdiction. In the case of a deferred disposition, a person is deemed to have been convicted when the court imposes the sentence.
For the purposes of this subsection, a person is deemed to have been found not criminally responsible by reason of insanity upon the acceptance of a plea of not criminally responsible by reason of insanity or a verdict or finding of not criminally responsible by reason of insanity, or of the equivalent in a juvenile case, by a court of competent jurisdiction.
Sec. 2. 15 MRSA §1023, sub-§4, ¶D, as enacted by PL 2011, c. 341, §2, is amended to read:
Sec. 3. 15 MRSA §1092, sub-§4, as enacted by PL 2011, c. 341, §3, is amended to read:
If a bail commissioner does not have sufficient information to determine whether the violation of the condition of release meets the criteria set forth under this subsection, the bail commissioner may not set bail on the violation of the condition of release.
Sec. 4. 15 MRSA §3318-B, sub-§2, as enacted by PL 2011, c. 282, §5, is amended to read:
At the conclusion of the hearing the Juvenile Court shall dismiss the petition or, if post-adjudication, vacate the adjudication order and dismiss the petition.
Sec. 5. 16 MRSA §642, as enacted by PL 2013, c. 402, §1, is amended to read:
§ 642. Authority to obtain and disclose content information held by a provider of electronic communication service
Sec. 6. 16 MRSA §648, as reallocated by RR 2013, c. 1, §29, is amended to read:
§ 648. Warrant needed for acquisition of location information
Except as provided in this subchapter, a government entity may not obtain location information without a valid warrant issued by a duly authorized judge or justice , judge or justice of the peace using procedures established pursuant to Title 15, section 55.
A judge or justice , judge or justice of the peace may issue a warrant for the location information of an electronic device pursuant to this section for a period of time necessary to achieve the objective of the authorization, but in any case the warrant is not valid for more than 10 days after the issuance. A judge or justice , judge or justice of the peace may grant an extension of a warrant upon a finding of continuing probable cause and a finding that the extension is necessary to achieve the objective of the authorization. An extension may not exceed 30 days.
Sec. 7. 17-A MRSA §431, sub-§9-A is enacted to read:
Sec. 8. 17-A MRSA §1348-A, sub-§4, as enacted by PL 2009, c. 336, §15, is amended to read:
Sec. 9. 30-A MRSA §1606, sub-§2, as amended by PL 2001, c. 171, §9, is further amended to read:
summary
This bill implements the following Criminal Law Advisory Commission recommendations.
1. In regard to the prohibition on the possession of firearms for certain persons, it adds an exception to the prohibition for a person under a deferred disposition until sentence imposition.
2. In the laws concerning limitations on the authority of a bail commissioner to set bail for an alleged violation of a condition of release, it imposes the same limitations on the setting of post-conviction bail as previously imposed on the setting of preconviction bail for that alleged violation.
3. It makes a technical correction to the laws concerning competency of a juvenile.
4. It adds a justice of the peace to those judicial officers authorized to issue a warrant to obtain portable electronic device content information and to obtain location information and, as to the latter, grant an extension of the warrant.
5. In the laws concerning computer crimes in the Maine Criminal Code, it adds a definition for "criminal justice agency."
6. In the laws concerning deferred disposition in the Maine Criminal Code, it clarifies that preconviction bail applies to a person on a deferred disposition until sentence imposition notwithstanding the definition of "preconviction" for purposes of the Maine Bail Code.
7. It replaces an outdated directive to reflect recent changes made to the Maine Revised Statutes, Title 17-A, section 1304 regarding the proration of sentences for inmates committed to the custody of a sheriff for nonpayment of fines.