CHAPTER 65
H.P. 632 - L.D. 832
An Act to Clarify Mutual Aid Agreements Between Law Enforcement Agencies
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 30-A MRSA §2674, as amended by PL 1999, c. 654, §1, is further amended to read:
§2674. Aid to other law enforcement agencies
Except as otherwise provided by municipal charter or ordinance, the municipal officers may authorize the chief of police or other designee to request other municipalities to provide police officers to assist the requesting municipality. The municipal officers may authorize the chief of police or other designee to provide police officers to assist other municipalities when so requested by a properly authorized chief of police or other designee of the requesting municipality.
The authorizations of the municipal officers shall must be accompanied by an agreement between the requesting municipality and the responding municipality that specifies which municipality shall be is liable, if any liability is determined to exist, for personal injury or property damage caused by or occurring to the police officers of the responding municipality in the course of assisting the requesting municipality.
If the request for assistance is for a major unplanned incident that jeopardizes the health and welfare of the citizens of the requesting municipality and when delay may cause further jeopardy to life or property or in the case of jointly planned collaborative activity, the police chief of any municipality or the chief's designee may request assistance from or provide assistance to another municipality or law enforcement agency whether or not an agreement between the 2 municipalities or parties exists. Each police department shall assume its own liability to a 3rd party, except for liability incurred by the command or operational decisions made by the requesting department, which must be assumed by the requesting department. For the purposes of this paragraph, "major unplanned incident" means an extraordinary emergency to which a law enforcement agency is unable to adequately respond that presents a substantial and imminent danger to the public safety and that necessitates the cooperation or assistance of other law enforcement agencies.
The police officers of the responding municipality shall or law enforcement agency have the same authority as police officers within the limits of the requesting municipality, except as to the service of civil process and, when assisting other municipalities, shall have the same privileges and immunities as when acting within their own municipality jurisdiction.
Effective September 21, 2001, unless otherwise indicated.
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