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
Maine Legislature, Session 121, LD 0884
Committee: Criminal Justice and Public Safety
Sponsors: NORBERT, PENDLETON, BLANCHETTE, BUNKER, CLOUGH, GERZOFSKY
Amends: 15 MRSA §3103, 15 MRSA §3201

Legislative Document 
No. 884 
H.P.661 
House of Representatives, February 20, 2003 
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 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative NORBERT of Portland. 
Cosponsored by Senator PENDLETON of Cumberland and 
'71/~ 1?7.7lJu:~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BLANCHETTE of Bangor, BUNKER of Kossuth Township, CLOUGH of 
Scarborough, GERZOFSKY of Brunswick. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 15 MRSA §3103, sub-§I, ~B, as amended by IB 1999, c. 
1, §1, is repealed and the following enacted in its place: 
B. 
Offenses involving illegal drugs or drug paraphernalia 
as follows: 
(1) 
The possession of a useable amount of marijuan~ 
as 
provided in Title 
22, 
section 
2383, 
unless 
the 
juvenile is authorized to possess marijuana for medical 
use pursuant to Title 22, section 2383-B, subsection 5; 
( 2) 
The use or possession of drug paraphernalia as 
provided in Title 17 -A , section ll11-A, subsection 4 , 
paragraphs A and Bj and 
(3) 
Illegal transportation of drugs 
by 
a 
minor 
as 
provided in Title 22, section 2389, subsection 2; 
Sec. 2. 15 MRS A §3103, sub-§I, ~C, as amended by PL 1999, c. 
413, §1, is further amended to read: 
C. 
Offenses involving intoxicating liquor, as provided in 
Title 28-A, 
see~ien sections 
2051 
and 
2052 
and offenses 
involving 
refusal 
to 
provide 
proper 
identification 
as 
provided in Title 28-A, section 2087; 
Sec. 3. 15 MRSA §3103. sub-§I, 1fF, as amended by PL 1997 c. 
462, §3, is further amended to read: 
F. 
The 
criminal violation of operating a 
motor vehicle 
under the influence of intoxicating liquor or drugs or with 
an excessive blood-alcohol level, as defined in Title 29-A, 
section 2411, and offenses defined in Title 29-A as Class B 
or C crimes; ana 
Sec. 4. 15 MRSA §3103, sub-§I, ~G, as enacted by PL 1997, c. 
462, §4, is amended to read: 
G. 
A violation of section 393, subsection I-AT; and 
Sec. S. 15 MRSA §3103, sub-§I, lI'H is enacted to read: 
H. 
Violation of a condition of release imposed pursuant to 
section 3203-A, subsection 4, paragraph B. 
Sec. 6. 15 MRS A §3103, sub-§2, as amended by PL 1997, c. 752, 
§6, is further amended to read: 
Page l-LR1153(1) 
2. 
Dispositional powers. All of the dispositional powers of 
the Juvenile Court provided in section 3314 apply to a juvenile 
who is adjudicated to have committed a 
juvenile crime, except 
that 
no 
commitment 
to 
a 
Department 
of 
Corrections 
juvenile 
correctional facility or other detention 
may 
be 
imposed 
for 
conduct described in subsection 1, paragraphs BaBeL C and H. 
Sec. 7. 15 MRSA §3201. sub-§3. as amended by PL 1995, c. 470, 
§6, is further amended to read: 
3. 
Enforcement of other juvenile crimes. 
A law enforcement 
officer who has probable cause to believe that a juvenile crime, 
as defined by section 3103, subsection 1, paragraph B e~L C or H 
has been committed may request that the juvenile provide the 
officer with reasonably credible evidence of the juvenile's name, 
address and age. The evidence may consist of oral representations 
by the 
juvenile. 
If the juvenile furnishes 
the officer with 
evidence of the juvenile's name, address and age and the evidence 
does not appear to be reasonably credible, the officer shall 
attempt 
to verify the 
evidence 
as 
quickly 
as 
is 
reasonably 
possible. During the period the verification is being attempted, 
the officer may require the juvenile to remain present for 
a 
period not to exceed 2 hours. 
After 
informing 
the 
juvenile 
of 
the 
provisions 
of 
this 
subsection, 
the officer may arrest the juvenile for 
a 
crime 
defined in section 3103, subsection 1, paragraph B e~L C or H if 
the juvenile intentionally refuses to furnish any evidence of the 
juvenile's name, 
address 
and age, 
or if, after attempting to 
verify the evidence 
as 
provided for 
in this subsection, 
the 
officer has probable cause to believe that the 
juvenile has 
intentionally failed to provide reasonably credible evidence of 
the juvenile's name, address and age. 
SUMMARY 
This bill amends 
the Maine Juvenile Code to 
add to the 
definition of "juvenile crime" the civil violations of possessing 
and 
using 
drug 
paraphernalia, 
transportation 
of 
alcohol 
or 
illegal drugs by a minor and violation of a condition of release 
imposed by a juvenile correction officer. 
The purpose of this 
bill is 
to 
clarify jurisdiction 
and 
enforcement 
of 
closely 
related violations, such as possession of drugs and possession 
and use of drug paraphernalia and possession of alcohol 
and 
transportation of alcohol by a minor. 
Under current law, 
for 
example, 
a juvenile who is in possession of illegal drugs and 
drug paraphernalia is required to appear in juvenile court for 
the drug possession charge and district court for 
the civil 
paraphernalia charge.