An Act To Make Technical Changes to the Maine Criminal Code
Maine Legislature, Session 122, LD 0983
Committee: Criminal Justice and Public Safety
Amends: 17-A MRSA §959

Legislative Document 
No. 983 
H.P.693 
House of Representatives, February 24,2005 
An Act To Make Technical Changes to the Maine Criminal Code 
Reported by Representative BLANCHETTE of Bangor for the Criminal Law Advisory 
Commission pursuant to the Maine Revised Statutes, Title 17-A, section 1354, subsection 2. 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed under Joint Rule 218. 
Printeu on recycled paper 
'!7l~ /l7·17Id£~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 17-A MRSA §959, sub-§§3, 4, 5 and 6, as enacted by PL 
2001, c. 461, §2, are amended to read: 
3. 
Forfei tures under this section must be accomplished by 
the following procedure. 
A. 
A district attorney or the Attorney General may petition 
the Superior Court in the name of the State in the nature of 
a 
proceeding in 
rem 
to 
order forfeiture 
of 
an illegal 
gambling 
machine 
aaaL 
any 
monetary 
contents 
and 
any 
associated proceeds. 
The petition must be filed in the 
court having jurisdiction over the property. 
B. 
The proceeding under paragraph A is an in rem civil 
action, in which the State has the burden of proving all 
material facts by a preponderance of the evidence. 
C. 
A court shall order the State to give notice of the 
pendency 
of 
the 
action 
and 
the 
right 
to 
be 
heard 
by 
certified or registered mail or through hand delivery by a 
deputy sheriff to any person who appears to have an interest 
in the illegal gambling machine aaaL 
any monetary contents 
and 
any 
associated proceeds. 
Receipt 
by 
a 
person then 
licensed to operate a motor vehicle in the State is presumed 
when notice is mailed to the last known address of that 
person on file with the Department of the Secretary of 
State, Bureau of Motor Vehicles. 
D. 
A court shall promptly, but not less than 2 weeks after 
notice, hold a hearing on the petition after an answer is 
filed by a person served with notice under paragraph C. 
At 
the hearing, the court shall hear evidence and make findings 
of fact and enter conclusions of law. 
E. 
Based on the findings and conclusions, the court shall 
issue a final order, from which the parties have a right of 
appeal. 
The final order must provide for disposition of the 
illegal gambling machine aa9.L 
any monetary contents and any 
9ssociat~roceeds by the State. 
Any revenue generated by 
the disposition of the illegal gambling machine aaaL 
any 
monetary 
contents 
of 
the 
machine 
and 
any 
associated 
proceeds 
must be used to pay the reasonable expenses of the 
forfeiture 
proceedings, 
seizure, 
storage, 
maintenance 
of 
custody, advertising and notice. 
The balance, if any, must 
be deposited in the General Fund. 
4. 
Any law enforcement officer, department or agency having 
custody of an illegal gambling machine 9tL any monetary contents 
of an illegal gambling machine or any associated proceeds or 
having disposed of the illegal gambling machine 9FL 
any monetary 
contents or 
any associated proceeds 
shall 
keep 
and maintain 
during the pendency of the action full and complete records in 
accordance with this subsection. 
Upon issuance by the court of a 
final order ordering the disposition, destruction or return of 
the illegal gambling machine 9F-~Re~ monetary contents or any 
associated proceeds, 
the 
officer, 
department 
or 
agency 
must 
transmi t 
a 
copy of those records to the Department of Public 
Safety for inclusion into a centralized record. 
A. 
The records must show: 
(1) 
From whom the 
monetary 
contents 
received; 
illegal 
and 
any 
gambling machine aBeL any 
associated proceeds 
were 
(2) 
Under what authority the illegal gambling machine 
aBeL any monetary contents and any associated proceeds 
are held, received or disposed of; 
( 3 ) 
To 
whom 
the 
monetary 
contents 
delivered; 
illegal gambling machine 
aBeL 
any 
and 
any 
associated 
proceeds 
are 
(4 ) 
The date and manner of destruction or disposition 
of the illegal gambling machine; and 
(5) 
The exact kinds, quanti ties and forms of illegal 
gambling machines aBeL the exact amount of any monetary 
contents of any machine and the exact amount of any 
associated proceeds held in custody or disposed of. 
B. 
The records must be open to inspections by all federal 
and state officers authorized by the laws of the United 
States, 
a 
state or territory of the United States or 
a 
foreign nation to investigate or prosecute gambling laws. 
C. 
The 
Department 
of Public Safety is 
responsible 
for 
maintaining 
a 
centralized 
record 
of 
illegal 
gambling 
machines seized. 
At least quarterly, the department shall 
provide a report of the disposition of property previously 
held by the department to the Commissioner of Administrative 
and Financial Services and the legislative Office of Fiscal 
and Program Review for review. 
These records must include 
an estimate of the fair market value of items seized. 
5. 
Persons making final disposition or destruction of an 
illegal 
gambling 
machine 
9F L 
its 
monetary 
contents 
or 
any 
')0 
associated proceeds under court order shall report, under oath, 
to 
the 
court 
the exact 
circumstances 
of 
the destruction or 
disposition. 
6. 
An illegal gambling machine together with any monetary 
contents and any 
associateLJlloce~9~ is contraband and may be 
seized by any law enforcement officer pursuant to subsection 7 or 
8. 
Sec. 2. 17·A MRSA §1233. as enacted by PL 1999, c. 788, §7, 
is amended to read: 
§I233. 
Revocation procedures 
The procedures, rights and responsibilities that apply to 
probation revocation under sections 1205 to 1208, including bail 
under section ±6G§r-SlaBSeet,ie-Jl-8 1205-(, subsections 5 and 6 and 
appellate 
review of 
revocation under 
section 1207, 
apply 
to 
revocation of supervised release. 
SUMMARY 
The 121st Legislature amended the Maine Revised Statutes, 
Ti tIe 17 -A, section 959 regarding illegal gambling machines to 
give 
the 
State 
the 
authority 
to 
order 
forfeiture 
of 
"any 
associated proceeds" of an illegal gambling machine. 
However, 
parallel changes 
to 
the procedural provisions in Title 17-A, 
section 959, subsections 3, 4, 5 and 6 were not made. 
This bill 
corrects the omission. 
This bill also replaces 
an outdated reference to 
former 
Title 
17-A, 
section 1205, 
subsection 
with 
a 
reference 
to 
current section 1205-C, subsections 5 and 6. 
Former Title 17 -A, 
section 1205, 
subsection 
was 
repealed by Public 
Law 
1999, 
chapter 246.