An Act To
Maine Legislature, Session 124, LD 0633
Committee Amendment CA_A_H201 (House)
Amends: 17-A MRSA §751-B

COMMITTEE AMENDMENT "A" to H.P. 447, L.D. 633, Bill, "An Act To 
Amend the Laws Pertaining to Refusing To Submit to Arrest or Detention" 
Amend the bill by striking out all of section 2 (page 1, lines 3 to 19 in L.D.) and 
inserting the following: 
'Sec.2. 17-A MRSA §751-B is enacted to read: 
§751-B. Refusing to submit to arrest or detention 
1. A person is guilty of refusing to submit to arrest or detention if, with the intent to 
hinder, delay or prevent a law enforcement officer from effecting the arrest or detention 
of that person, the person: 
.. 
A. Refuses to stop on request or signal of a law enforcement officer. Violation of 
this paragraph is a Class E crime; 
B. 
Uses physical force against the law enforcement officer. 
Violation of this 
paragraph is a Class D crime; or 
C. 
Creates a substantial risk of bodily injury to the law enforcement officer. 
Violation of this paragraph is a Class D crime. 
2. It is a defense to prosecution under this section that the person reasonably believed 
that the person attempting to effect the arrest or detention was not a law enforcement 
officer. It is a defense to prosecution under subsection 1, paragraph A that the law 
enforcement officer acted unlawfully in attempting to effect the arrest or detention. 
Sec. 3. Appropriations and allocations. The following appropriations and 
allocations are made. 
CORRECTIONS, DEPARTMENT OF 
State Board of Corrections Investment Fund Z075 
Initiative: Appropriates funds for the incremental costs associated with one projected 
incarceration in a county jail. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,if" to H.P. 447, ~.D. 633 
GENERAL FuND 
All Other 
GENERAL FUND TOTAL 
CORRECTIONS, DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL-ALL FUNDS 
JUDICIAL DEPARTMENT 
Courts - Supreme, Superior and District 0063 
Initiative: Provides funds for court-appointed counsel. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
JUDICIAL DEPARTMENT 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL-ALLFUNDS 
SECTION TOTALS 
GENERAL FUND 
SECTION TOTAL - ALL FUNDS 
SU~y 
2009-10 
$2,959 
--
$2,959 
2009-10 
$2,959 
$2,959 
2009-10 
$350 
$350 
2009-10 
$350 
$350 
2009-10 
$3,309 
$3,309 
2010-11 
$2,959 
$2,959 
2010-11 
$2,959 
$2,959 
2010-11 
$350 
$350 
2010-11 
$350 
$350 
2010-11 
$3,309 
$3,309 
This amendment redefines the offense of refusing to submit to arrest or detention as 
proposed in the bill. A person is guilty of refusing to submit to arrest or detention if, with 
the intent to hinder, delay or prevent a law enforcement officer from effecting the arrest 
COMMITTEE AMENDMENT 
) 
,/ 
) 
i; 
COMMITTEE AMENDMENT ,/1" to H.P. 447, L.D. 633 
or detention of that person, the person refuses to stop on request or signal of a law 
enforcement officer, which is a Class E crime; uses physical force against the law 
enforcement officer, which is a Class D crime; or creates a substantial risk of bodily 
injury to the law enforcement officer, which is a Class D crime. The amendment 
maintains the defense to prosecution that the person reasonably believed that the person 
attempting to effect the arrest or detention was not a law enforcement officer. The 
amendment also adds the defense that the law enforcement officer acted unlawfully in 
attempting to effect the arrest or detention for the offense of refusing to stop on request or 
signal of a law enforcement officer. 
It also adds an appropriations and allocations 
section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04117 /09 
~ac 
LD633 
LR 798(02) 
An Act To Amend the Laws Pertaining to Refusing To Submit to Arrest or Detention 
Fiscal Note for Bill as Amended by Committee Amendment '11" 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
2009-10 
2010-11 
Projections 
2011-12 
Projections 
2012-13 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Correctional and Judicial Impact Statements 
$3,309 
$3,309 
Establishes new Class E crimes; increases correctional and judicial costs 
$3,309 
$29,909 
$3,309 
$29,909 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Correctional Cost Detail 
FY 2010 
FY2011 
FY2012· 
FY2013 
Class E Crime 
$2,959 
$2,959 
$2,959 
$2,959 
Total Cost - All Convictions 
$2,959 
$2,959 
$2,959 
$2,959 
$3,309 
$3,309 
FY 2014 
$2,959 
$2,959 
This bill includes a General Fund appropriation of$2,959 in fiscal year 2009-10 and $2,959 in fiscal year 2010-11 for 
the incremental costs to county jails based on one conviction per year. 
This bill also includes a General Fund appropriation of $350 per fiscal year for the Judicial Branch for court 
appointed counsel costs. 
LR0798(02) - Fiscal Note - Page 1 of 1 
/ " 
~-: ' 
;.~. 
') 
.. ,' 
") 
,/ 
')