An Act To Expand the Definition of "Juvenile Crime" To Include the Offenses of Possession and Use of Drug Paraphernalia, Illegal Transportation of Alcohol by a Minor and Transportation of Illegal Drugs by a Minor LR 1153(02)
Maine Legislature, Session 121, LD 0884
Committee Amendment CA_A_H366 (House)
Amends: 15 MRSA §3201, 15 MRSA §3301

COMMITTEE AMENDMENT "11,, to H.P. 661, L.D. 884, Bill, "An 
Act To Expand the Definition of "Juvenile Crime" To Include the 
Offenses of Possession and Use of Drug Paraphernalia, Illegal 
Transportation of 
Alcohol 
by 
a 
Minor 
and 
Transportation of 
Illegal Drugs by a Minor" 
Amend the bill by striking out all of section 3 (page 1, 
lines 29 to 36 in L.D.) 
Further amend the bill in section 4 by striking out all of 
paragraph G (page 1, line 41 in L.D.) and inserting in its place 
the following: 
'G. 
A violation of section 393, subsection 1, paragraph C 
or section 3~ subsection I-A.' 
Further amend the bill by striking out all of sections 5, 6 
and 7 and inserting in their place the following: 
'Sec. 5. 15 MRSA §3201, sub-§ 1, as amended by PL 1987, c. 277, 
§2, is further amended to read: 
1. 
Warrantless 
arrests. 
Arrests 
without 
warrants 
of 
juveniles for juvenile crimes defined by section 3103, subsection 
1, paragraphs A, D, E aaeL F and G by law enforcement officers or 
private persons shall be made pursuant to the provisions of Title 
17-A, 
sections 
and 
16. 
For 
purposes 
of this section, 
a 
juvenile 
crime 
defined 
under 
section 
3103, 
subsection 
1, 
paragraph D, shall be deemed a Class D or Class E crime. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,If .. to H,P, 661. L,D, 884 
Sec. 6. 15 MRSA §3301, sub-§6, as amended by PL 1999, c . 624, 
Pt. B, §11, is further amended to read: 
6. 
Review by attorney for the State. If the 
juvenile 
community corrections officer decides not to request the attorney 
for 
the 
State 
to 
file 
a 
petition, 
the 
juvenile 
community 
corrections 
officer 
shall 
inform 
the 
complainant, 
the 
law 
enforcement officer and the victim of the decision and of the 
reasons for the decision as soon as practicable. 
The juvenile 
community corrections officer shall advise the complainant, the 
law enforcement officer and the victim that they may submit their 
complaint to the attorney for the State for review. 
If 
the 
juvenile 
community 
corrections 
officer 
makes 
a 
determination pursuant to subsection 5, paragraph A or Band 
decides not to reguest the attorney for the State to file a 
petition for a violation of Title 22, section 2389, subsection 2 
or Title 28-A, section 2052, the juvenile community corrections 
officer shall inform the Secretary of State of the violation. 
The Secretary of State shall suspend for a period of 30 days that 
juvenile's license or permit to operate, right to operate a motor 
vehicle and right to apply for and obtain a license. 
The attorney for the State on that attorney's own motion or upon 
recei ving a request for review by the law enforcement officer, 
the complainant or the victim, shall consider the facts of the 
case, consult with the juvenile community corrections officer who 
made the initial decision and then make a final decision as to 
whether to file the petition. 
Notwithstanding any action or 
inaction by 
the 
juvenile 
community 
corrections officer, 
the 
attorney for the State may file a petition at any time more than 
days after the juvenile community corrections officer has been 
given notice pursuant to section 3203-A. 
Sec. 7. IS MRSA §3314, sub-§3-A, as amended by PL 1995, c. 65, 
Pt. 
A, 
§49 and affected by §153 and Pt. C, 
§15, is further 
amended to read: 
3-A. 
Operator's license suspension for drug offenses. 
The 
court may suspend for a period of up to 6 months the license or 
permit to operate, right to operate a motor vehicle and right to 
apply for and obtain a license of any person who violates Title 
17-A, chapter 45 T -9FL Title 22, section 2383, unless the juvenile 
is authorized to possess marijuana for medical use pursuant to 
Title 22, section 2383-B, subsection 5; Title 22, section 2389, 
subsection 2; or Title 28-A, section 2052 
and is adjudicated 
pursuant to this chapter to have committed a juvenile crime. 
The court shall give notice of suspension and take physical 
custody of an operator's license or permit as provided in Title 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "h" to H.P. 661, L.D. 884 
29-A, 
section 2434. 
The court shall immediately forward the 
operator's license and a certified abstract of suspension to the 
Secretary of State.' 
Further amend the bill 
nonconsecutive 
consecutively. 
Part 
letter 
by relettering 
or 
section 
or renumbering any 
number 
to 
read 
SUMMARY 
This amendment makes a technical correction by adding to the 
prov~s~on defining juvenile crimes 
a 
reference to the Maine 
Revised Statutes, Title 15, section 393, subsection 1, paragraph 
C. 
This change corrects an oversight made when Title 15, section 
was last amended. 
The amendment also corrects an oversight 
by adding Title 15, section 3103, subsection 1, paragraph G to 
the list of juvenile crimes for which a juvenile may be arrested 
without a warrant. 
The amendment removes sections 5, 6 and 7 of the bill, that 
created the new juvenile crime of violation of a condition of 
release and related provisions. 
The amendment clarifies the process by which the juvenile 
community corrections officer ensures that the Secretary of State 
receives notice of violations of Title 28-A, section 2052 and 
Title 22, section 2389, subsection 2 when no juvenile petition 
will be filed. 
The amendment requires the Secretary of State to 
suspend a juvenile's driver's license for 30 days upon receiving 
notice of a violation. 
The amendment also specifies that the 
court may suspend a juvenile's license for up to 6 months when a 
juvenile violates Title l7-A, chapter 45; Title 22, section 2383; 
Title 22, section 2383-B, subsection 5; Title 22, section 2389, 
subsection 2; or Title 28-A, section 2052 and is adjudicated to 
have, committed a juvenile crime. 
FISCAL :\OTE REQrJRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 05/09/03 h'ae. 
12lst Maine Legislature 
Office of Fiscal and Program Review 
LD884 
An Act To Expand the Definition of "Juvenile Crime" To Include the 
Offenses of Possession and Use of Drug Paraphernalia, Illegal 
Transportation of Alcohol by a Minor and Transportation of Illegal 
Drugs by a Minor 
LR 1153(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Highway Fund 
This bill may potentially increase the Department of Corrections cost related to juvenile offenders. These costs are 
expected to be minor and would be absorbed by the Department of Corrections utilizing existing budgeted resource. 
LRl153(2) - Fiscal Note - Page I of 1