An Act To Allow Law Enforcement Officers To Obtain a Personal Recognizance Bond in Certain C~ses
Maine Legislature, Session 124, LD 0581
Committee: Criminal Justice and Public Safety
Sponsors: CLEARY, CONNOR, HUNT, MARTIN, SCHATZ, SMITH, GERZOGSKY, RECTOR
Amends: 14 MRSA §3135

Legislative Document 
No. 
H.P.419 
House of Representatives, February 17,2009 
An Act To Allow Law Enforcement Officers To Obtain a Personal 
Recognizance Bond in Certain C~ses 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative CLEARY of Houlton. 
17/~ 
1h.17l!iC~{ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: CONNOR of Kemlebunk, HUNT of BuxtoYl, MARTIN of 
Eagle Lake, SCHATZ of Blue Hill, SMITH of Monmouth, Senators: GERZOGSKY of 
Cumberland, RECTOR of Knox. 
Printed lln n:cyc:lcd p'lp~r 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 14 MRSA §3135, 2nd t!jf, as amended by PL1987, c. 708, §10, is further 
amended to read: 
After a civil order of arrest . has been issued, the sheriff shall cause the individual 
named in the order to be arrested and shall deliver hlm the individual without undue delay 
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to the division of the District Court designated in the civil order of arrest or obtain from 
the debtor a personal recognizance bond to appear in court at the spedfied date and time. 
Shou~_d the debtor fail to appear at that time a warrant may issue for the debtor's arrest. 
The sheriff may take such steps as he determines determined· necessary for JH-s the 
sheriff's safety or the safety of others then present, including .searching the debtor for 
weapons, if he the sheriff has a reasonable suspicion that the debtor has a weapon, .Rnd 
handcuffing the debtor if that is necessary to transport the debtor to the ·co'urt or to cause 
the debtor to remain peaceably at the court. Upon arrival at the court, the sheriff shall 
il0tify the clerk or bailiff that the debtor is present and may release the debtor into the 
custody of the bailiff. The sheriff shall instruct the debtor that the debtor must wait at the 
court until released by the court or clerk. Upon release of the debtor into the custody of 
the bailiff, the sheriff need not remain with the debtor at the court. A debtor who fails to 
appear for the disclosure hearing after being released upon the debtor's personaL 
recognizance commits a Class E crime. 
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Sec. 2. 14 MRSA §3135, 4th t!jf,as amended by PL 1995, c. 694, Pt. D, §20 and 
affected by Pt. E, §2, is further amended to read: 
Unless the judgment debtor shows good cause for failure to appear after being duly 
served with a disclosure subpoena under section 3123, a contempt subpoena under 
section 313 6 or an order to appear and disclose under Title 19-A, section 23_61, the debtor· 
must be ordered to pay the costs of issuing and serving the civil order for arrest. The. 
costs of issuing and serving the civil order for arrest are ~ 
$50 plus mileage at a rate of 
~ 
42¢per mile. The fee payable to sheriffs and their deputies for civil orders for arrest 
is governed by Title 30-A, section 421, subsection 6. 
Sec. 3. 30-A MRS A §421, sub-§6, as amended by PL 1991, c. 498, §2, is further 
amended to read: -
r 
6. 
Civil arrests and custody. 
For civil arrests and custody under the arrest; 
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including arrest and custody under paternity proceedings, ~ 
$50 plus mileage at a rate 
of~:lli per mile; 
SUMMARY 
This bill amends the civil oider of arrest law by allowing a sheriff to release a debtor 
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upon the debtor's personal recognizance and increases the costs of the arrest order from 
$25 to $50 and the mileage rate from 22¢ to 42¢ per mile .. 
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