An Act To Delete Outdated References to Rule 42 of the Maine Rules of Criminal Procedure from the Maine Bail Code and the Provision Allowing for Appeals by Aggrieved Contemnors
Maine Legislature, Session 123, LD 2248
Committee: Judiciary
Amends: 15 MRSA §1004, 15 MRSA §1103

Legislative Document 
No. 2248 
H.P.1609 
House of Representatives, March 5, 2008 
An Act To Delete Outdated References to Rule 42 of the Maine 
Rules of Criminal Procedure from the Maine Bail Code and the 
Provision Allowing for Appeals by Aggrieved Contemnors 
Reported by Representative SIMPSON of Auburn for the Criminal Law Advisory 
Commission pursuant to the Maine Revised Statutes, Title 17-A, section 1354, subsection 2. 
Reference to the Committee on Judiciary suggested and ordered printed under Joint Rule 
218. 
Printed on recycled paper 
'7J1~ 111· 7I!d£~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 15 MRSA §1004, as amended by PL 2005, c. 507, §4, is further amended 
to read: 
§1004. Applicability and exclusions 
This chapter applies to the setting of bail for a defendant in a criminal proceeding, 
including the setting of bail for an alleged contemnor in a plenary contempt proceeding 
involving a punitive sanction under the MaiRe Rules of CrimiRal Procedure, Rule 42 or 
the Maine Rules of Civil Procedure, Rule 66. It does not apply to the setting of bail in 
extradition proceedings under sections 201 to 229 ef, post-conviction review proceedings 
under sections 2121 to 2132, probation revocation proceedings under Title 17 -A, sections 
1205 to 1207, supervised release revocation proceedings under Title 17-A, section 1233 
or administrative release revocation proceedings under Title I7-A, sections 1349 to 1349-
F, except to the extent and under the conditions stated in those sections. This chapter 
applies to the setting of bail for an alleged contemnor in a summary contempt proceeding 
involving a punitive sanction under the MaiRe Rules of CrimiRal Procedure, Rule 42 or 
the Maine Rules of Civil Procedure, Rule 66 and to the setting of bail relative to a 
material witness only as specified in sections 1103 and 1104, respectively. This chapter 
does not apply to a person under 18 years of age who is arrested for a crime defined under 
Title 12 or Title 29-A that is not a juvenile crime as defined in section 3103. 
Sec. 2. 15 MRSA §1103, as enacted by PL 1997, c. 317, Pt. A, §2, is amended to 
read: 
§1103. Summary contempt proceeding involving a punitive sanction 
The setting of bail for an alleged contemnor in a summary contempt proceeding 
involving a punitive sanction under the MaiRe Rules of CrimiRal Procedure, Rl:Ile 42 or 
the Maine Rules of Civil Procedure, Rule 66, including any appeal under section 2115-B, 
is a matter wholly within the discretion of the court. Subchapters I¥ 1. and ¥ ~ apply. 
Sec. 3. 15 MRS A §2115-B, as amended by PL 2003, c. 17, §3, is further amended 
to read: 
§2115-B. Appeal by aggrieved contemnor 
1. Summary contempt proceedings involving punitive sanctions. In a summary 
contempt proceeding involving punitive sanctions, accompanied or unaccompanied by 
remedial sanctions, instituted under either the MaiRe Rules of CrimiRal Procedl:lre, Rule 
42-er the Maine Rules of Civil Procedure, Rule 66, before a Judge of the District Court or 
Probate Court or a Justice of the Superior Court or the Supreme Judicial Court, a 
contemnor who is aggrieved by an order and imposition of a punitive sanction may 
appeal to the Supreme Judicial Court sitting as the Law Court, as provided under section 
2111 or 2115 and the applicable Maine Rules of Appellate Procedure. 
2. 
Plenary contempt proceedings involving punitive sanctions. 
In a plenary 
contempt proceeding involving punitive sanctions, accompanied or unaccompanied by 
remedial sanctions, instituted under either the Maine Rules of Criminal Procedure, Rule 
~ 
the Maine Rules of Civil Procedure, Rule 66, any contemnor aggrieved by an 
adjudication and imposition of a punitive sanction may appeal to the Supreme Judicial 
Court sitting as the Law Court, as provided under section 2111 or 2115 and the applicable 
Maine Rules of Appellate Procedure. 
SUMMARY 
This bill amends the Maine Revised Statutes, Title 15, sections 1004, 1103, and 
2115-B by deleting outdated references to Rule 42 of the Maine Rules of Criminal 
Procedure. In 2003, Rule 42 was abrogated except to serve as a signpost directing the 
reader to apply the procedures contained in Rule 66 of the Maine Rules of Civil 
Procedure. See Me. Rptr., 819-831 A.2d XXX.