An Act To Enhance Enforcement of Civil Orders of Arrest
Maine Legislature, Session 125, LD 0380
Committee Amendment CA_A_H241 (House)
Amends: 14 MRSA §3135

COMMITTEE AMENDMENT "A" to H.P. 306, L.D. 380, Bill, "An Act To 
Enhance Enforcement of Civil Orders of Arrest" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 14 MRSA §3135, as amended by PL 2009, c. 205, §§1 and 2, is further 
amended to read: 
§3135. Civil order of arrest 
A civil order of arrest issued under section 3134, subsection 1, or section 3136, must 
direct the sheriff to arrest the individual named in the order and bring the individual to a 
hearing any day the court is in session. In the case of a nonindividual debtor, the civil 
order of arrest must be issued for the arrest of any officer, director or managing agent of 
the debtor or other agent appointed by the debtor to accept service and who was served 
with the disclosure subpoena. 
After a civil order of arrest has been issued, the sheriff shall cause the individual 
debtor named in the order to be arrested and shall deliver the individual debtor without 
undue delay 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 specified 
date and time. ghould the debtor fail to appear at that time a ,,{arrant may issue for the 
debtor's arrest. The sheriff may take such steps determined necessary for the sheriffs 
safety or the safety of others then present, including searching the debtor for weapons, if 
the sheriff has a reasonable suspicion that the debtor has a weapon, and handcuffing the 
debtor if that is necessary to transport the debtor to the court or to cause the debtor to 
remain peaceably at the court. Upon arrival at the court, the sheriff shall notify 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 'uho fails to appear for 
the diselosure hearing after being released upon the debtor's personal reeogni£anee 
commits a Class E crime. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'A "to H.P. 306, L.D. 380 
After the judgment debtor is brought to the court, the clerk shall promptly notify the 
judgment creditor or the judgment creditor's attorney of record in person or by telephone 
that the presence of one of them is required for a hearing. If a disclosure or contempt 
hearing cannot be held that day due to the inability of the judgment creditor or the 
judgment creditor's attorney to appear or due to the absence of the judge or the inability 
of the court to hear the matter because of other business, the court or clerk shall release 
the debtor upon the debtor's personal recognizance for appearance on a date certain. A 
debtor who fails to appear for the disclosure or contempt hearing after being released 
upon the debtor's personal recognizance commits a Class E crime. 
If the debtor fails to appear at the time and place specified in a personal recognizance 
bond obtained by the sheriff, clerk or court, and upon request of the judgment creditor, 
the court shall order the Department of Labor to provide the judgment creditor with the 
name and address of the current or most recent employer of the debtor, if any, together 
with the date the employer last reported wage information concerning the debtor and 
issue an additional civil order of arrest pursuant to section 3134 directing the sheriff to 
cause the debtor named in the order to be arrested and delivered to the District Court 
without obtaining from the debtor a personal recognizance bond. 
An order directed to the Department of Labor under this section may be served by the 
judgment creditor by ordinary mail, accompanied by a reasonable fee set by the 
Department of Labor. The Department of Labor shall respond to the judgment creditor 
within 20 days after receipt of the court order. 
A debtor admitted to personal recognizance bond under this section shall date and 
sign the bond and provide the following information: date of birth, hair color, eye color, 
height, weight, gender, race, telephone number, name of employer, address of employer 
and days and hours of employment. 
A debtor who fails to appear for a disclosure or contempt hearing after being released 
upon the debtor's personal recognizance commits a Class E crime. 
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 2361, 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 $25 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.' 
SUMMARY 
This amendment replaces the bill, removing the provisions permitting the court to 
issue a bench warrant and instead providing alternative relief. 
This amendment provides alternative relief if a debtor fails to appear for a hearing 
after having given a personal recognizance bond to do so. The alternative relief consists 
of an order to the Department of Labor to provide the judgment creditor with the name 
and address of the debtor's employer, or a further civil order of arrest that does not permit 
the sheriff to obtain a personal recognizance bond from the debtor, or both. 
The 
Department of Labor may charge a reasonable fee for providing the information pursuant 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT·A "to H.P. 306, L.D. 380 
to the court order. The amendment also specifies how an order to the Department of 
Labor is served and the information required in the personal recognizance bond that a 
debtor may sign. 
FISCAL NOTE REQUIRED 
(See_attached), 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 05/04111 
~aC':.-
LD380 
LR 1624(02) 
An Act To Enhance Enforcement of Civil Orders of Arrest 
Fiscal Note for Bill as Amended by Committee Amendment A" 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
No net fiscal impact 
Because this legislation provides that the Department of Labor may charge a reasonable fee to cover the costs of 
providing the required information, there is no net fiscal impact to the department. 
LR1624(02) - Fiscal Note - Page 1 of 1