An Act To Enhance Enforcement of Public Health Measures
Maine Legislature, Session 123, LD 1290
Committee: Criminal Justice and Public Safety
Sponsors: MILLER
Amends: 17-A MRSA §15, 17-A MRSA §517, 30-A MRSA §1560

Legislative Document 
No. 1290 
H.P.908 
House of Representatives, March 9, 2007 
An Act To Enhance Enforcement of Public Health Measures 
Submitted by the Department of Health and Human Services pursuant to Joint Rule 204. 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative MILLER of Somerville. 
Primed on recyded paper 
17/~ 
1J7. 7lIt1£~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec.:,l, 17-A MRSA §15, sub-§l, ,A, as amended by PL 2003, c. 102, §1, is 
further amended to read: 
A. 
Afiy A person who the officer has probable cause to believe has committed or is 
committing: 
(l) Murder; 
(2) Any Class A, Class B or Class C crime; 
(3) Assault while hunting; 
(4) Any offense defined in chapter 45; 
(5) 
Assault, criminal threatening, terrorizing or stalking, if the officer 
reasonably believes that the person may cause injury to others unless 
immediately arrested; 
(5-A) 
Assault, criminal threatening, terrorizing, stalking, criminal mischief, 
obstructing the report of a crime or injury or reckless conduct if the officer 
reasonably believes that the person and the victim are family or household 
members, as defined in Title 19-A, section 4002, subsection 4; 
(6) Theft as defined in section 357, when the value of the services is $1,000 or 
less if the officer reasonably believes that the person will not be apprehended 
unless immediately arrested; 
(7) 
Forgery, if the officer reasonably believes that the person will not be 
apprehended unless immediately arrested; 
(8) Negotiating a worthless instrument if the officer reasonably believes that the 
person will not be apprehended unless immediately arrested; 
(9) A violation of a condition of probation when requested by a probation 
officer or juvenile community corrections officer; 
(10) Violation of a condition of release in violation of Title 15, section 1026, 
subsection 3; Title 15, section 1027, subsection 3; Title 15, section 1051, 
subsection 2; and Title 15, section 1092; 
(11) Theft involving a detention under Title 17, section 3521; 
(12) Harassment, as set forth in section 506-A; 
(13) 
Violation of a protection order, as specified in Title 5, section 4659, 
subsection 2; Title 15, section 321, subsection 6; former Title 19, section 769, 
subsection 2; former Title 19, section 770, subsection 5; Title 19-A, section 4011, 
subsection 3; and Title 19-A, section 4012, subsection 5; ef 
(14) 
A violation of a sex offender registration provision under Title 34-A, 
chapter 15; aH6 or 
(15) Violation of a public health measure or prescribed care order as set forth in 
section 517; and 
Sec. 2. 17-A MRSA §517 is enacted to read: 
§517. Violation of public health measure or prescribed care order 
1. A person is guilty of a violation of a public health measure or prescribed care 
order if: 
A. 
The person intentionally, knowingly or recklessly violates a public health 
measure issued by a court pursuant to Title 22, section 812; or 
B. The person intentionally, knowingly or recklessly violates a prescribed care order 
issued by the Department of Health and Human Services or a court pursuant to Title 
22, section 820. 
2. Violation of a public health measure or prescribed care order is a Class D crime. 
Sec. 3. 22 MRS A §817, as amended by PL 2005, c. 383, §14, is further amended 
to read: 
§8I7. Discharge 
An individual committed to a hospital, facility or private home pursuant to section 
or section 813 or subject to a prescribed care order of the department or a court 
pursuant to section 820 may be discharged whenever when the physician responsible for 
that individual's treatment and the department determine that the individual may be 
discharged without danger to other individuals. The department shall immediately report 
the discharge, with a full statement of the reasons for the discharge, to the court that 
ordered the commitment. 
If an individual committed to a hospital, facility or private home pursuant to section 
or section 813 or subj ect to a prescribed care order of the department or a court 
pursuant to section 820 violates the commitment prior to discharge in accordance with 
this section, the hospital or physician responsible for treatment shall immediately report 
this to the department. 
An arrest warrant must be issued upon application by the 
department to the District Court. 
Sec. 4. 30-A MRSA §1560, sub-§l-A is enacted to read: 
I-A. Transportation; medical care. A prisoner in a jail subject to a public health 
measure pursuant to Title 22, section 812 or 813 or subject to a prescribed care order 
pursuant to Title 22, section 820 may be transported by the sheriff for medical care 
outside of the State if a court orders the transport. The Department of Health and Human 
Services shall bear the costs of transportation and the per diem compensation for the 
accompanying officers. 
SUMMARY 
This bill establishes the act of intentionally, knowingly or recklessly violating a 
public health measure or prescribed care order as a Class D crime. In addition, this bill 
permits warrantless arrest of a person who an officer has probable cause to believe is 
committing or has committed a violation of a public health measure or prescribed care 
order.