An Act To IriIplementthe Recommendations of the Criminal Law Advisory Commission . .
Maine Legislature, Session 124, LD 1275
Committee: Criminal Justice and Public Safety
Amends: 5 MRSA §3360, 17-A MRSA §106, 17-A MRSA §210-A, 17-A MRSA §1202, 17-A MRSA §1348, 17-A MRSA §1348-A, 17-A MRSA §1349-D, 25 MRSA §2803-B

FIRST REGULAR SESSlor~;,.2009 
Legislative Document 
No. 1275 
H.P.894 
House of Representatives, March 31, 2009 
An Act To IriIplementthe Recommendations of the Criminal Law 
Advisory Commission 
. 
. 
Reported by Representative HASKELL of Portland 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. 
Printed on recycled p;Jpcr 
'7Y/~ 
1?1.1l/II£~{ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People ofthe State of Maine as follows: 
Sec. 1. 5 MRS A §3360, siIb-§3, ~G, as amended by PL 2007, c.684, Pt. E, § I 
and affected by Pt. H,§ I, is further amended to read: 
4_9. Leavingthe scene.of a motor vehide accident involving personal injury or death, 
in violation of Title 29-A, section 2252; or 
. 6 
Sec. 2. 5 MRSA §3360, sub-§3;~, as amended by PL 2007, c. 684, Pt. E, §2 
and affected by Pt. H, § I, is further amended t6 read: 
H. Sexilal exploitation of a minor as described in Title 17-A, chapter 12-i-Bf.:. 
Sec. 3. 5 MRSA §3360, sub-§3, ~, as enacted by PL 2007, c. 684, Pt. E, §3 and. 
affected by Pt. H, § 1, is repealed. 
. 
II 
Sec. 4. 17-A MRS A §2, sub-§8, as amended by PL 2007, c. 173, § I, is further 
amended to read: 
8. 
"Deadly force" means physical force that a person uses with the intent of 
causing, or that a person knows to create a substantial risk of causing, death or serious 
bodily injury. 
Intentionally Except as provided in section 101, subsection 5, 
intentionally, knowingly or recklessly discharging a firearm in the direction of another 
person or at a moving vehicle constitutes deadly force. 
Sec. 5. 
17-A MRSA. §101, sub-§5, as amended by PL 2001, c. 386, §I, is 
repealed and the following enacted in its place: . 
5. 
For purposes of this chapter, use by a law enforcement officer, a con'ections 
officer or a corrections supervisor of the following is use of nondeadly force: 
A. 
Chemical mace or any similar substance composed of a mixture of 'gas and' 
chemicals that has or is designed to have a disabling effect upon human beings; or 
B. A less-than-Iethal munition that has or is designed to have a disabling effect upon 
human beings. For purposes of this paragraph, "Iess-than-Iethal munition" means a 
low-kinetic energy projectile designed to be discharged from a firearm that is 
approved by the Board of Trustees of the Maine Criminal Justice Academy. 
Sec. 6. 17-A MRSA §106, sub-§l, as amended by PL 2007, c. 173, §22; IS 
further amended to read: 
1. 
A parent, foster parent, guardian or other similar person responsible for the long 
term general care and welfare of another person a child is justified in using a reasonable 
degree of force against such other person that child when and to the extent that the person 
reasonably believes it necessary to prevent or punish such other person's the child's 
misconduct. A person to whom such parent, foster parent, guardian or other responsible 
person has expressly delegated permission to so prevent or punish misconduct is similarly 
justified in using a reasonable degree of force. For purposes of this subsection, "child" 
7 
means a person who has not attained· 18 years of age and has not been ordered 
8 
emancipated by a court pursuant to Title .15, section 3506-A. 
Page J - 124LR1877(Ol)-1 
)' 
) 
) 
n 
( 
\ 
I 
! 
~) 
Sec. 7. 17-A MRSA §106, sub-§l-A, as enacted by PL 2003, c. 143, § 1, IS 
amended to read: 
1-A. 
For purposes of subsection 1, "reasonable degree of force" is an objective 
standard. To constitute a reasonable degree of force, the physical force applied to the 
persoo child may result in no more than transient discomfort or minor temporary marks 
on that persoo child. 
Sec. 8. 17-A MRSA §106, sub-§2, as amended by PL 2007, c. 173, §22, IS 
further amended to read: 
2. 
A teacher or other person entrusted with the care or supervision of a person for 
special and limited purposes is justified in using a reasonable degree of nondeadly force 
against any such person who creates a disturbance when and to the extent that the teacher 
or other entrusted person reasonably believes it necessary to control the disturbing 
behavior or to remove a person from the scene of such disturbance. 
Sec. 9. 17-A MRSA §106, sub-§3, as amended by PL 2007, c. 173, §22, is 
further amended to read: 
3. 
A person responsible for the general care, and supervIsIOn of a mentally 
incompetent person is justified in using a reasonable degree Of nondeadly force against 
such person who creates a disturbance when and to the extent that the responsible person 
reasonably believes it necessary to control the disturbing. behavior or to remove such 
person from the scene of such disturbance. 
Sec. 10. 17-A MRSA §106; sub-§4, as amended by PL 2003, c. 143, §2, IS 
further amended to read: 
4. The justification extended in subsections 2 and 3 does not apply to the intentional, 
knowing or reckless use of nondeadly force that creates a ,substantial risk of death. serious 
hodilv iniuFV or extraordinary pain. 
Sec. 11. 17-A MRSA §210-A, sub-§l, 'ire, as amended by PL 2007, c.685, § 1, 
is fUlther amended to read: 
C. The actor violates paragraph A and has 2 01' more prior convictions in this State or 
another jurisdiction. 
Notwithstanding section 2, subsection 3-8, as llsed in this 
paragraph, "another jurisdiction" also includes any Indian tribe. 
Violation of this paragraph is a Class C crime: 
For the purposes of this paragraph, "prior conviction" means a conviction for a 
violation of this section; Title 5, section .4659; Title 15, section 321; former Title 19, 
section 769; Title 19-A, section 4011; Title 22, section 4036; any other temporary, 
emergency, interim or final. protective order; an order of a tribal court of the 
Passamaquoddy Tribe or the Penobscot Nation; any similar order issued by any COlllt 
of the United States or of any other state, territory, commonwealth or tribe; or a 
coult-approved consent agreement. Section 9-A governs the use of prior convictions 
when determining a sentence. 
I 
Sec. 12. 17-A MRS A §1004, sub-§4,~, as enacted by PL 2005, c. 264, § I, is 
amended to read: 
B. 
A person using deadly force an electronic weapon when that use is for· the 
purpose of: 
(I) Defending that person or.a.3rd persQn as au.thorized under section 108, 
subsection 2; or 
(2) 
Defending that person's dwelling place as authorized under section 104, 
subsections 3 and 4. 
. Sec. 13. 
17~A MRSA §1158-A, sub-§I, as enacted by PL 2003, c. 657, §7, is 
amended to read: 
. II 
1. 
As part of every sentence imposed, except as provided in subsection 2, a court 
. 12 
. shall order that a firearm must be forfeited to the State if: 
A. 
That firearm constitutes the basis for conviction under: 
(I) Title IS, section 393; 
IS 
(2) Section II OS-A, subsection I, paragraph C-I; 
(3) Section II 05-B, subsection I, paragraph C; 
(4) Section II 05-C, subsection I, paragraph C-I; or 
. 
(5) Section 1105-0, subsection I, paragraph B-1; er 
B. 
The State pleads and proves that the firearm is used by the defendant or an 
accomplice during the commission of any murder or Class A, Class B or Class C 
'crime or any Class 0 crime defined in chapter 9, II or 13 • .;..QI 
. C. The defendant, with the approval of the State, consents to the forfeiture of the 
firearm. 
Sec. 14. 17-A MRSA §1202, sub-§3-A isenacted to read: 
3-A. A motion and hearing pursuant to subsection 2, 2-A or 3 need not be before the 
. justice or judge who originally imposed probation. Any justice or judge may initiate and 
hear a motion and any justice or judge may hear a motion brought by the probation 
officer or by the person on probation. 
Sec .. 15. 17-A MRSA §1348, as amended by PL 2005, c. 527, §21, is further 
amended to read: 
§1348. Eligibility for deferred disposition 
A person who has pled guilty or nolo contendere to a Class B, Class C, Class 0 or 
Class E crime and who consents .to a deferred disposition in· writing is eligible for a 
deferred disposition. 
Sec. 16. 17-A MRSA §1348-A, as amended by PL 2005, c. 288, §I, is further 
amended to read: 
) 
) 
) 
n 
12> 
\~) 
§1348-:A. Deferred disposition 
1. 
Following the acceptance of a plea of guilty or nolo contendere for a crime for 
which a person is eligible for a deferred disposition linder section 1348, the court may 
order sentencing deferred to a date certain or determinable and impose requirements upon 
the person, to be in' effect during the period of defennent, considered by the court to be 
reasonable and appropriate to assist the person to lead a law-abiding life. The court-
imposed deferment requirements must incJude a requirement that the person refrain from 
criminal conduct and may include a requirement that the person pay to the appropriate 
county an administrative supervision fee of not more than $50 per month, as determined 
by the court, for the term of the deferment. In determining the amount of the fee, the 
court shall take into account the financial resources of the person and the nature of the 
burden its payment imposes. In exchange for the deferred sentencing, the person shall 
abide by the court-imposed deferment requirements. Unless the court orders otherwise, 
the requirements are immediately in effect. 
2. 
During the period of defelTllent and upon application. of the person granted 
deferred disposition pursuant to subsection 1 or of the attorney for the State or upon the 
court's own motion, the court may, after a hearing upon notice to the attorney for the State 
and the person, modifY the requirements imposed by the court, add further requirements 
or relieve the person of any requirement imposed by the court that, in the court's opinion, 
imposes an unreasonable burden on the person. 
3. 
During the period of deferment, if the person cannot meet a defennent 
requirement imposed by the court, the person shall bring a motion pursuant to subsection 
2. 
4. For purposes of a deferred disposition, a person is deemed to have been .convicted 
when the court imposes the sentence. 
Sec. 17. 17-A MRS A §1348-B, as amended by PL 2005, c. 683, Pt. A, §20, is 
fllliher amended to read: 
§1348-B. Court hearing as to final disposition 
1. . Unless a court hearing is sooner held under s,ubsection 2, and except as provided 
in subsection I-A, at the concJusion of the period of defermeilt, after notice, a person who 
was granted deferred disposition pursuant to section 1348-A shall return to court for a 
hearing on final disposition. ·If the person demonstrates by a preponderance of the 
evidence that the person has complied with the court-imposed defermerit requirements, 
the court shall impose a sentenCing alternative authorized for the crime to which the 
person pled guilty and consented to in writing at the time sentencing was deferred or as 
amended by agreement of the 'pi,lrties' in writing prior to sentencing, unless the attorney 
for the State, prior to sentence imposition, moves the court to allow the person to 
withdraw the ,plea of gtlilty. Except over the objection at the defendant, the court shall 
. grant the State's motion: Following the -granting of the State's motion, the attorney for the 
State shall dismiss the pending charging instrument with prejudice. If the court finds that 
the pers'on has inexcusably failed to comply with the cOllli-imposed deferment 
requirements, the court shall impose a sentencing alternative authorized for the crime to 
which the person pled guilty. 
I-A. Notwithstanding subsection 1, if at the conclusion of the period of deferment 
and prior to sentence imposition the attorney for the State in writing moves the court to 
allow the person to withdraw the plea of guilty or nolo contendere and the defendant in 
writing agrees to such-w"it'hdrawal, the court may, without a hearing on final disposition-
and in the absence of the person, grant the attorney for the State's motion and allow the 
person to withdraw the plea. Following such court action, the attorney for the State shall 
·9 
dismiss the pending charging instrument with prejudice. 
2. 
If during the period of deferment the attorney for the State has probable cause to 
believe that a person who was granted deferred disposition pursuant to section 1348-A 
has violated a court-imposed deferment requirement, the attorney for the State may move 
the court to terminate the remainder of the period of deferment and impose sentence. 
Following notice and hearing, if the attorney for the State proves by a preponderance of 
the evidence that the person has inexcusably failed to comply with a court-imposed. 
'deferment requirement, the court may continue the running of the period of deferment 
with the requirementsunchanged,modify the requirements, add further requirements or 
terminate the running of the period of deferment and impose a sentencing alternative 
authorized for the crime to which the person pled guilty. When a person fails to pay the 
administrative supervision fee as required under section 1348-A, subsection 1, the court 
may terminate the running of the period of deferment and impose sentence unless the 
person shows that failure to pay was not attributable to a willful refusal to payor to a 
failure on that person's part to make a good faith effort to obtain the funds required for the 
payment. If the court finds that the person has not inexcusably failed to comply with a 
court-imposed deferment requirement, the court may order that the running of the period 
of deferment continue or, after notice and hearing, take any other action. permitted under 
this chapter. ' 
3. 
A hearing under this section or section J 348-A must be held in the court that 
ordered the deferreddfsposition. The hearing need not be conducted by the justice or 
judge who originally ordered the deferred disposition. 
4. 
The person at a hearing under this section or s~ction 1348-A must be afforded the 
opportunity to confront and cross-examine witnesses against the person, to present 
evidence on that person's own behalf and to be represented by counsel. If the person who 
was granted deferred disposition pursuant to section 1348-A can not afford counsel, the 
court shall appoint counsel for the person. Assignment of counsel and withdrawal of 
counsel must be in accordance with the Maine Rules of Criminal Procedure. 
5. 
A ,summons may be used to order a person who was granted deferred disposition 
pursuantto section 1348-A to appear for a hearing under this section. If the person fails 
to appear after having been served with a summons, the court may issue a warrant for the 
arrest of the person. 
7. 
If during the period of deferment the attorney for the State has probable cause to 
believe that·a person who was granted deferred disposition pursuant to section 1348-A 
has violated a court.,imposed deferment requirement, the attorney for the State may apply 
) 
) 
) 
n 
I 
II 
( 
L) 
for a warrant for the arrest of the person or request that a warrantless arrest be made of 
the person pursuant to section 15, subsection 1, paragraph A, subparagraph (17). 
Sec. 18. 17-A MRSA §1349-D, sub-§4, as amended by PL 2007, c. 344, §9, is 
further arriended to read: 
4. 
If during the period· of administrative release the attorney for the State has 
probable cause to believe that the person placed on administrative release has violated a 
requirement of administrative release, the attorney for the State may apply for a warrant 
for the arrest of the person or request that a warrantless arrest be made of the person 
pursuant to section 15, subsection 1, paragraph A, subparagraph (15). Unless sooner 
released, the court shall provide the person with an initial appearance on the revocation of 
, adm in istrative release with in 5 days after arrest. A copy of the motion must be fum ished 
to the person priOl,to or at the initial appearance. The initial appearance is as provided in 
section 1205-C, subsection 4. Bail is as provided in section 1205-C, subsections 5 and 6. 
Sec. 19. 25 MRSA §2803-B, as amended by PL 2005, c~ 397, Pt. C, §17, IS 
further amended to read: 
§2803-B. Requirements of law enforcement agen'des 
1. Law enforcement policies. All law enforcement agencies shall adopt written 
policies regarding procedures to deal with the following: 
A. Use of physical force, including the use of electronic weapons and less-than-lethal 
munitions; 
B. Barricaded persons and hostage situations; 
C. Persons exhibiting deviant behavior; 
D. Domestic violence, which must include, at a minimum, the following: 
(l) A process to ensure that a victim receives notification of the defendant's 
release from jail; 
(2) A process for the collection of information regarding the defendant that 
includes the defendant's previous history, the parties' relationship, the name of the 
victim and a process to relay this information to a bail cominissioner before a bail 
determination is made; and 
.. (3) A process for the safe retrieval of personal property belonging to the victim 
or the defendant that includes identification of a possible neutral location for 
retrieval, the presence of at least one law enforcement officer during the retrieval 
and giving the victim the option of at least 24 hours notice to each party prior to 
the retrieval; 
, 
' 
E. Hate or bias crimes; 
F. Police pursuits; 
G. Citizen complaints of police misconduct; 
H. Criminal conduct engaged in by law enforcement officers; 
L 
I. Death investigations, including ',at a ,minimum the protocol of the Department of 
the Attorney General regarding such investigations; 
J. Public notification regarding persons in the community required to register under 
Title 34-A, chapter 15; and 
K. Digital, electronic" audio, video or other recording of law enforcement interviews 
of suspects in serious crimes and the preservation of investigative notes and records 
in such cases. 
The chief administrative officer of each agency shall certify t6 the board that attempts 
9' 
were niade to obtain pubiic comment during the formulation of policies. 
2. Minimum policy standards. The board shall establish minimum standards for 
each law enforcemerit policy no later than June 1, '1995, except that policies for expanded 
requirements for domestic violence under subsection 1, paragraph D, subparagraphs (1) 
to (3) must be established no later than January 1,2003; policies for death investigations 
under subsection 1, paragraph I must be established no later than January 1, 2004; 
policies for public notification regarding persons in the community required to register 
under Title 34-A, chapter 15 under subsection 1, paragraph J must be established no later 
than January 1, 2006; arul policies for the recording and preservation of ,interviews of 
suspects in serious ci'imes under subsection 1, paragraph K must be established no later 
th~n January 1, 2005; and policies for the expanded use of physical force, including the 
, 20 
use of electronic weapons and less-than-Iethal munitions under subsection 1, paragraph 
A, must be established no later than October 1, 2009. 
3. Agency compliance. The chief administrative officer of each law enforcement 
agen~y shall certify to the board no fater than January 1, 1996 that the agency has adopted 
written policies consistent with the minimum standards established by the board pursuant 
to subsection 2, except that certification to the board for expanded policies for domestic 
violence tinder subsection 1, paragraph D, si.lbpar~graphs (1) to (3) must be made to the 
board no later than June 1, 2003; certification to the board for adoption of a death 
investigatipn policy under subsection 1, paragraph I must be made to the board no later 
than .June 1, 2004; certification to the board for adoption of a public notification policy 
under subsection 1, paragraph J must be made to the board no later than June 1, 2006; arul 
certification to the board for adoption of a policy for the recording and preservation of 
interviews of suspects in serious crimes under subsection 1, paragraph K must be made to 
the board no later than June 1, 2005; and celtification to the board for adoption of an 
expanded use of physical force policy under subsection 1, paragraph A must be made to 
the board no later than April 1, 2010. The celtification must be accompanied by copies of 
the agency policies. the chief administrative officer of each 'agency shall certify to the 
board no later than June 1, 1996 that the agency has provided orientation and training for' 
its members with respect to the policies, except that certification for orientation and 
training with respect to expanded policies for domestic violence urider subsection 1, 
paragraph D, subparagraphs (1) and (3) must be made to th.e board no later than January 
1, 2004; certification for orientation and training with respect to policies regarding death 
investigations under subsection 1, paragraph'l must be made to the board no later than 
January 1, 2005; certification for orientation and training with respect to policies 
regarding public notification under subsection 1, paragraph J must be made to the board 
no later than January 1, 2007; arul celtification for orientation and training with respect to 
) 
) 
) 
n 
(-~\ 
J 
~ 
) 
'~ 
I 
policies I'egarding the recording and preservation of interview of suspects in serious 
crimes under subsection I, paragraph K must be made to the bOaJ:d no later than January 
I, 2006; and certification for orientation and training with respect to poliCies regarding 
expanded use of physical force under subsection I, paragraph A must be made to the 
board no later than October I, 20 I O. 
' 
5. 
Ann'ua) standards review. 
The board -shall review anmiallythe mmlmum 
standards for each policy to determine whether changes in any of the standards are 
' 
necessary to incorporate ilTIproved procedures identified by critiquing known actual 
events or, by reviewing new enforcement practices demonstrated to reduce crime, increase 
officer safety or increase public safety. 
II 
6. Freedom of access. The chief administrative officer of a municipal, county or 
state law enforcement agency shall certify to the board annually beginning on January I, 
2004 that the agency has adopted a written policy regarding procedures to deal with a 
freedom of ac.cess request and that the chief administrative, officer has designated a 
person who is trained to respond to a request received by the agency pursuant to Title I, 
chapter 13. 
' 
7. Certification by record custodian. Notwithstanding any other law or rule of 
' 
evidence, a certificate by the custodian of the records of the board, when signed and 
sworn to by that custodian, or the custodian's designee, is admissible in a judicial or 
administrative proceeding as prima facie evidence of any fact stated in the celiificate or in 
any documents attached to the certificate. 
SUMMARY 
This bill makes technical and substantive changes as proposed by the Criminal Law 
Advisory Commission, pursuant to the Maine Revised Statutes, Title 17-A, chapter 55. 
The bill proposes to do the following. 
I. It repeals TitleS, section 3360, subsection 3, paragraph I.because it is redundant; 
' 
the forms of kidnapping and criminal restraint that constitute a "human trafficking 
offense" as defined in Title 5, section 4701, subsection 1, paragraph C are already 
included within section 3360, subsection 3, paragraph C. 
2. -It amends Title 17-A, section 106, subsections I and I-A to make clear that the 
parent or surrogate parent's right to use physical force to prevent or punish misconduct, 
applies to children and only so long as the child is a minor who has not been ordered 
emancipated by a court. 
Subsections 1 and I-A have no application once the child 
, 34 
reaches adulthood. The bill also makes technical changes to subsections 2, 3 and 4 of 
Title 17-A, section 106 to enhance clarity and adds the mental state of "knowing" to 
subsection 4. 
3.lt eliminates a cl)rrent inconsistency between the meaning of "another jurisdiction" 
and "prior conviction" in the crime of stalking. ' The latter includes a qualifying 
3.9 
conviction from any Indian tribe and not simply a conviction of the Passamaquoddy Tribe 
or the Penobscot Nation. Non-Maine tribes do not constitute "anot,her jurisdiction"under 
the general definitions of the Maine Criminal Code. 
I 
J 
4. ·It amends Title 17-A, section 1004, subsection 4, paragraph B by deleting that 
portion characterizing a person's use of an electronic weapon as "using deadly force." A 
person's lawful use of an electronic weapon is limited to certain specific drcumstances in 
which the law allows the person to use deadly force pursuant to' Title 17-A, section 104, 
subsections 3 and 4 and section 108, subsection I, paragraph A, subparagraph (1). 
5. It adds a new paragraph C to subsection 1 of Title 17-A, section 1158-A providing 
that, in addition to a court-ordered forfeiture to the State, a court must also order the 
firearm forfeited to the State if, with the approval of the State; the defendant consents to 
such forfeiture. This change is important in the circumstance in which a defendant seeks 
to avoid the elevation of a Class D toa Class C crime, pursuant to Title 17-A, section 
II. 
.1252, subsection 4, if the State pleads and proves that the firearm is used by the defendant 
during the commission of any Class D crime defined in chapter 9, II or 13 .. 
6; 
It clarifies that any justice or judge, in addition to the justice or judge who 
originally imposed probation, may initiate and hear a motion to modify or discharge 
probation and may hear any motion brought by the probation officer or by the person on 
probation to modify or discharge probation. 
. 
25· 
7. 
It. amends defened dispositiori in 4 ways. 
First, it broadens eligibility for a 
deferred disposition both by adding Class B crimes and by including a person who has 
pled nolo contendere to a qualifying class crime. Second, it allows a court to make a final 
disposition at the conclusion of the period of deferment and prior to sentence imposition 
without the necessity of a hearing or the personal appearance of the person in cases where 
the attorney fo(the State moves the court in writing· to allow the person to withdraw the 
plea and the person in writing agrees to such withdrawal. Third, it clarifies that until the 
person is actually sentenced by the court, the person is not deemed to have been 
convicted. Fourth, it makes reference to the fact that if the attorney for the Stat~ has 
probable cause to believe that a person who was granted a deferred disposition has 
violated a court-imposed deferment requirement, in addition to the option of applying for 
an arrest warrant, the attorney for the State may request a warrantless arrest of the person 
by a law enforcement officer. 
. 
8. It amends the administrative release provision to make reference to the fact that if 
the attorney for the State has probable cause to believe that the person placed on 
administrative release has violated an administrative release requirement, in addition to 
the option of applying for an arrest warrant, the attorney for the State may request a 
w~rrantless arrest of the person by a law enforcement officer. 
9. It addresses the use of less-than-lethal munitions discharged from a firearm by law 
enforcement officers, corrections officers and corrections supervisors by amending 3 
separate statutory provisions. First, it amends Title 17 -A, section 101, subsecti.oJ:\ 5 to 
provide that the use of a less-than-Iethal munition by those state agents constitutes, as a 
matter of law, the use of nondeadly force and defines "Iess-than-Iethal munition" as "a 
low-kinetic energy projectile designed to be discharged from a firearm that is approved 
by the Board of Trustees of the Maine Criminal Justice Academy." Second, the bill 
amends the definition of "deadly force'" in Title 17-A, section 2, subsection 8 to exclude 
the intentional, knowing or reckless discharge of a firearm in the directiOIl of another 
person using a less-than-Iethal munition and adcjs the mental state of "knowiIlgly." Third, 
) 
) 
) 
(j 
I, 
~) 
(~, 
it amends Title 25, section 2803-B to require that all law enforcement agencies adopt a 
written policy on the use of physical force, including the use of an electronic weapon alld 
less-than-lethal munitions and celiify the same to the board by Aprii 1, 2010; that the 
board establish policies for the expanded use of physical force by October 1, 2009; and 
. all law enforcement agencies celiify to the board tnat they have provided orientation and 
training for its members with respect to policies regarding expanded use of physical force 
by October 1,2010. 
10. 
It also specifies that, notwithstanding any other law or rule of evidence, a 
celiificate by the custodian of the records of the Board of Trustees of the Maine Criminal 
Justice Academy, when signed and sworn to by that custodian, or the cllstodian's 
designee, is admissible in a judicial or administrative proceeding as prima facie evidence 
of any fact stated in the celiificate or in any documents attached to the celiificate.