S.P. 241 - L.D. 663
An Act to Clarify the Powers of Game Wardens When Stopping Motor Vehicles
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the authority of a game warden to stop a vehicle to protect a person from threat of death or personal injury is essential;
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §7053, sub-§2, ¶D-1, as enacted by PL 1989, c. 493, §5, is amended to read:
D-1. If in uniform and if they have a reasonable and articulable suspicion that a motor vehicle or other conveyance, or its operator or occupant, is or has been involved in, or may contain evidence of, a violation of chapters 701 to 721 or when necessary to protect a person from the threat of death or personal injury, stop the motor vehicle or other conveyance to check its registration and vehicle identification number, request personal identification of the operator or occupant and question the operator or occupant about the violation. This paragraph is repealed 90 days after adjournment of the Second Regular Session of the 119th Legislature;
Sec. 2. 12 MRSA §7053, sub-§2, ¶D-2 is enacted to read:
D-2. If in uniform and if they have a reasonable and articulable suspicion that a motor vehicle or other conveyance, or its operator or occupant, is or has been involved in, or may contain evidence of, a violation of chapters 701 to 721, stop the motor vehicle or other conveyance to check its registration and vehicle identification number, request personal identification of the operator or occupant and question the operator or occupant about the violation. This paragraph takes effect 90 days after adjournment of the Second Regular Session of the 119th Legislature.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective May 25, 1999.
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