An Act Regarding Bail and Fines LR 1418(02)
Maine Legislature, Session 121, LD 0838
Committee Amendment CA_A_H90 (House)
Amends: 15 MRSA §1074

COMMITTEE AMENDMENT "ft" 
Act Regarding Bail and Fines" 
to H.P. 615, L.D. 838, Bill, "An 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
'Sec. 1. 15 MRSA §1074, sub-§3, as enacted by PL 1987, c. 758, 
§20, is amended to read: 
3. 
Setoff. 
When a defendant has deposi ted cash or other 
property owned by the defendant as bailor has offered real 
estate owned by the defendant and subject to a bail lien as bail 
and 
the 
cash, 
other property or 
real estate has 
not 
been 
forfeited, the court, before ordering the cash or other property 
returned to the defendant or discharging the real estate bail 
lien, shall determine whether the cash, other property or real 
estate or any portion of the cash, other property or real estate 
is subject to setoff as authorized by this section. 
The court 
may order all or a portion of the bail owned by a defendant that 
has not been forfeited to be first paid and applied to one or 
more of the following: 
A. 
Any fine, forfeiture, penalty or fee imposed upon a 
defendant as part of the sentence for conviction of any 
offense arising out of the criminal proceeding for which the 
bail has been posted and the sentence for conviction of any 
offense in an unrelated civil or criminal proceeding; 
Page l-LR1418(2) 
COMMITTEE AMENDMENT 
~.~.co. 
COMMITTEE AMENDMENT ")1v,, to H.P. 615, L.D. 838 
B. 
Any amount of restitution the defendant has been ordered 
to pay as part of the sentence imposed in the proceeding for 
which bail has been posted and in any unrelated proceeding: 
C. 
Any 
amount 
of 
ass9FBeys~ attorney's 
fees 
or other 
expense authorized by the court at the 
request of the 
defendant or attorney and actually paid by the State on 
behalf of the defendant on the ground that the defendant has 
been found to be indigent in the proceeding for which bail 
has been posted and in any unrelated proceeding: and 
D. 
Any surcharge imposed by Title 4, section 1057. 
The 
court shall 
apply 
any bail collected pursuant 
to this 
subsection first to restitution.' 
SUMMARY 
This amendment directs the court to apply any bail owned by 
a defendant that has not been forfeited to restitution first. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 03126/03 frae 
12lst Maine Legislature 
Office of Fiscal and Program Review 
LD838 
An Act Regarding Bail and Fines 
LR 1418(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor revenue increase - General Fund 
Authorizing the court to set off bail against criminal fines, forfeitures, fees, restitution, attorney's fees and other 
expenses will result in an increase in revenue to the General Fund. This increase will be offset by the proposed 
requirement that the set off bail be applied first to victims who are due restitution. Given that the current practice of 
many judges is to award restitution first, the net impact on General Fund revenue is not expected to be significant. 
LR1418(2) - Fiscal Note - Page 1 of 1