An Act Regarding the Violation of Bail
Maine Legislature, Session 123, LD 1533
Committee: Criminal Justice and Public Safety
Sponsors: JACOBSEN
Amends: 15 MRSA §1094, 15 MRSA §1097, 15 MRSA §1099-A

Legislative Document 
No. 1533 
H.P.1058 
House of Representatives, March 20, 2007 
An Act Regarding the Violation of Bail 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative JACOBSEN of Waterboro. 
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MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 15 MRSA §1094, sub-§4-A is enacted to read: 
4-A. Penalty. A person who violates this section commits a civil violation for which 
a fine of $1 00 must be adjudged. 
Sec. 2. 15 MRSA §1097, sub-§4, as enacted by PL 1995, c. 356, § 19, is amended 
to read: 
4. No new bail consideration when bail has been revoked and denied in District 
Court. When a District Court judge has, after revocation, ordered the defendant held 
without bail, the defendant is not entitled to have bail set when charges are brought by 
indictment for the same underlying conduct. If the defendant has not previously appealed 
the District Court bail revocation, the Superior Court may, upon request of the defendant, 
entertain the appeal at the defendant's arraignment. A defendant must be held without 
bail if the defendant has committed at least 4 violations of section 1094 for the same 
underlying offense. 
Sec.3. 15 MRSA §1097, sub-§5 is enacted to read: 
5. 
Conditions of release after hearing. 
A defendant who has been found in 
violation of section 1094 after a hearing under this section may not be released on 
subsequent bail until the defendant has spent at least 24 hours in custody for a first 
violation of section 1094, 48 hours in custody for a second violation of section 1094 and 
hours in custody for a third violation of section 1094 for the same underlying offense. 
Sec. 4. 15 MRSA §1099-A, sub-§I, as enacted by PL 1995, c. 356, § 19, IS 
amended to read: 
1. Held without bail. The judge or justice shall order the defendant held without 
bail unless the judge or justice finds that under the facts of the case it would be 
unreasonable to do so, in which event the judge or justice shall issue an order under 
section 1051. A defendant must be held without bail if the defendant has committed at 
least 4 violations of section 1094 for the same underlying offense. 
Sec.5. 15 MRSA §1099-A, sub-§3 is enacted to read: 
3. 
Conditions of release after hearing. 
A defendant who has been found in 
violation of section 1094 after a hearing under this section may not be released on 
subsequent bail until the defendant has spent at least 24 hours in custody for a first 
violation of section 1094, 48 hours in custody for a second violation of section 1094 and 
hours in custody for a third violation of section 1094 for the same underlying offense. 
SUMMARY 
This bill amends the bail code by requiring that a person who fails to appear when 
required or violates a condition of bail commits a civil violation for which a fine of $100 
Page I - 123LR0256(OI)-1 
must be adjudged. This bill also requires that a person who violates bail, before being 
released on subsequent bail, must spend at least 24 hours in custody for a first violation, 
hours in custody for a second violation and 72 hours in custody for a third violation of 
bail for the same underlying offense. A person who violates bail on the same underlying 
offense at least 4 times must be held without bail.