An Act To Implement Certain Recommendations of the Criminal Law Advisory Commission Relative to the Maine Bail Code, the Maine Juvenile Code and the Maine Criminal Code and Related Statutes
Maine Legislature, Session 126, LD 1764
Committee: Criminal Justice and Public Safety
Amends: 15 MRSA §393, 15 MRSA §1023, 15 MRSA §1092, 15 MRSA §3318-B, 16 MRSA §642, 16 MRSA §648, 17-A MRSA §431, 17-A MRSA §1348-A, 30-A MRSA §1606

Legislative Document 
No. 1764 
H.P. 1266 
House of Representatives, February 10, 2014 
An Act To Implement Certain Recommendations of the Criminal 
Law Advisory Commission Relative to the Maine Bail Code, the 
Maine Juvenile Code and the Maine Criminal Code and Related 
Statutes 
Reported by Representative DION 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 pursuant to Joint Rule 218. 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  15 MRSA §393, sub-§1, as amended by PL 2009, c. 651, §1, is further 
amended to read: 
1.  Possession prohibited.  A person may not own, possess or have under that 
person's control a firearm, unless that person has obtained a permit under this section, if 
that person: 
A-1.    Has been convicted of committing or found not criminally responsible by 
reason of insanity of committing: 
(1)  A crime in this State that is punishable by imprisonment for a term of one 
year or more; 
(2)  A crime under the laws of the United States that is punishable by 
imprisonment for a term exceeding one year; 
(3)  A crime under the laws of any other state that, in accordance with the laws of 
that jurisdiction, is punishable by a term of imprisonment exceeding one year.  
This subparagraph does not include a crime under the laws of another state that is 
classified by the laws of that state as a misdemeanor and is punishable by a term 
of imprisonment of 2 years or less; 
(4)  A crime under the laws of any other state that, in accordance with the laws of 
that jurisdiction, does not come within subparagraph (3) but is elementally 
substantially similar to a crime in this State that is punishable by a term of 
imprisonment for one year or more; or 
(5)  A crime under the laws of the United States, this State or any other state or 
the Passamaquoddy Tribe or Penobscot Nation in a proceeding in which the 
prosecuting authority was required to plead and prove that the person committed 
the crime with the use of: 
(a)  A firearm against a person; or 
(b)  Any other dangerous weapon; 
C.  Has been adjudicated in this State or under the laws of the United States or any 
other state to have engaged in conduct as a juvenile that, if committed by an adult, 
would have been a disqualifying conviction: 
(1)  Under paragraph A-1, subparagraphs (1) to (4) and bodily injury to another 
person was threatened or resulted; or 
(3)  Under paragraph A-1, subparagraph (5);  
D.  Is subject to an order of a court of the United States or a state, territory, 
commonwealth or tribe that restrains that person from harassing, stalking or 
threatening an intimate partner, as defined in 18 United States Code, Section 921(a), 
of that person or a child of the intimate partner of that person, or from engaging in 
other conduct that would place the intimate partner in reasonable fear of bodily injury 
to the intimate partner or the child, except that this paragraph applies only to a court 
order that was issued after a hearing for which that person received actual notice and 
at which that person had the opportunity to participate and that: 
(1)  Includes a finding that the person represents a credible threat to the physical 
safety of an intimate partner or a child; or 
(2)  By its terms, explicitly prohibits the use, attempted use or threatened use of 
physical force against an intimate partner or a child that would reasonably be 
expected to cause bodily injury; or 
E.  Has been: 
(1)  Committed involuntarily to a hospital pursuant to an order of the District 
Court under Title 34-B, section 3864 because the person was found to present a 
likelihood of serious harm, as defined under Title 34-B, section 3801, subsection 
4-A, paragraphs A to C; 
(2)  Found not criminally responsible by reason of insanity with respect to a 
criminal charge; or 
(3)  Found not competent to stand trial with respect to a criminal charge. 
For the purposes of this subsection, a person is deemed to have been convicted upon the 
acceptance of a plea of guilty or nolo contendere or a verdict or finding of guilty, or of 
the equivalent in a juvenile case, by a court of competent jurisdiction.  In the case of a 
deferred disposition, a person is deemed to have been convicted when the court imposes 
the sentence. 
For the purposes of this subsection, a person is deemed to have been found not criminally 
responsible by reason of insanity upon the acceptance of a plea of not criminally 
responsible by reason of insanity or a verdict or finding of not criminally responsible by 
reason of insanity, or of the equivalent in a juvenile case, by a court of competent 
jurisdiction. 
Sec. 2.  15 MRSA §1023, sub-§4, ¶D, as enacted by PL 2011, c. 341, §2, is 
amended to read: 
D.  Set preconviction or post-conviction bail for a violation of condition of release 
pursuant to section 1092, except as provided in section 1092, subsection 4; or 
Sec. 3.  15 MRSA §1092, sub-§4, as enacted by PL 2011, c. 341, §3, is amended 
to read: 
4.  Limitations on authority of bail commissioner to set bail.  A court may, but a 
bail commissioner may not, set bail for a defendant granted preconviction or post-
conviction bail who has been arrested for an alleged violation of this section if: 
A.  The condition of release alleged to be violated relates to new criminal conduct for 
a crime classified as Class C or above or for a Class D or Class E crime involving 
domestic violence, sexual assault pursuant to Title 17-A, chapter 11 or sexual 
exploitation of minors pursuant to Title 17-A, chapter 12; 
B.  The underlying crime for which preconviction or post-conviction bail was granted 
is classified as Class C or above; or 
C.  The underlying crime for which preconviction or post-conviction bail was granted 
is a crime involving domestic violence, sexual assault pursuant to Title 17-A, chapter 
or sexual exploitation of minors pursuant to Title 17-A, chapter 12. 
If a bail commissioner does not have sufficient information to determine whether the 
violation of the condition of release meets the criteria set forth under this subsection, the 
bail commissioner may not set bail on the violation of the condition of release. 
Sec. 4.  15 MRSA §3318-B, sub-§2, as enacted by PL 2011, c. 282, §5, is 
amended to read: 
2.  No substantial probability that juvenile will be competent in the foreseeable 
future.  If, following the competency determination hearing provided in section 3318-A, 
subsection 8 7, the Juvenile Court finds that the juvenile is incompetent to proceed and 
that there does not exist a substantial probability that the juvenile will be competent in the 
foreseeable future, the Juvenile Court shall promptly hold a hearing to determine whether 
or not the Juvenile Court should: 
A.  Order the Commissioner of Health and Human Services to evaluate the 
appropriateness of providing mental health and behavioral support services to the 
juvenile; or 
B.  Order the juvenile into the custody of the Commissioner of Health and Human 
Services utilizing the procedures set forth in section 3314, subsection 1, paragraph 
C-1 for purposes of placement and treatment. 
At the conclusion of the hearing the Juvenile Court shall dismiss the petition or, if post-
adjudication, vacate the adjudication order and dismiss the petition. 
Sec. 5.  16 MRSA §642, as enacted by PL 2013, c. 402, §1, is amended to read: 
§642.  Authority to obtain and disclose content information held by a provider of 
electronic communication service 
1.  Authority to obtain.  A government entity may obtain portable electronic device 
content information directly from a provider of electronic communication service only in 
accordance with a valid warrant issued by a duly authorized judge or justice, judge or 
justice of the peace using procedures established pursuant to Title 15, section 55 or as 
otherwise provided in this subchapter. 
2.  Authority to disclose.  A provider of electronic communication service may 
disclose portable electronic device content information to a government entity only 
pursuant to a warrant issued by a duly authorized judge or justice, judge or justice of the 
peace or as otherwise provided in this subchapter. 
Sec. 6.  16 MRSA §648, as reallocated by RR 2013, c. 1, §29, is amended to read: 
§648.  Warrant needed for acquisition of location information 
Except as provided in this subchapter, a government entity may not obtain location 
information without a valid warrant issued by a duly authorized judge or justice, judge or 
justice of the peace using procedures established pursuant to Title 15, section 55. 
A judge or justice, judge or justice of the peace may issue a warrant for the location 
information of an electronic device pursuant to this section for a period of time necessary 
to achieve the objective of the authorization, but in any case the warrant is not valid for 
more than 10 days after the issuance. A judge or justice, judge or justice of the peace may 
grant an extension of a warrant upon a finding of continuing probable cause and a finding 
that the extension is necessary to achieve the objective of the authorization. An extension 
may not exceed 30 days. 
Sec. 7.  17-A MRSA §431, sub-§9-A is enacted to read: 
9-A.  "Criminal justice agency" means a governmental agency of the State or any 
subunit of a governmental agency of the State at any governmental level that performs the 
administration of criminal justice pursuant to statute.  "Criminal justice agency" includes 
the Department of the Attorney General and district attorneys' offices.  As used in this 
subsection, "administration of criminal justice" means activities relating to the 
investigation of all or specific crimes and the prosecution of offenders. 
Sec. 8.  17-A MRSA §1348-A, sub-§4, as enacted by PL 2009, c. 336, §15, is 
amended to read: 
4.  For purposes of a deferred disposition, a person is deemed to have been convicted 
when the court imposes the sentence.  Notwithstanding Title 15, section 1003, subsection 
9, prior to sentence imposition, preconviction bail applies to the person. 
Sec. 9.  30-A MRSA §1606, sub-§2, as amended by PL 2001, c. 171, §9, is 
further amended to read: 
2.  Sentence prorated.  Inmates participating in a public works-related project or an 
improvement of property owned by a charitable organization under this section may have 
their sentences to the jail prorated at the rate of up to one day removed from the sentences 
for every 16 hours of participation in the project, except that inmates committed to the 
custody of the sheriff for nonpayment of fines under Title 17-A, section 1304 must have 
their sentences prorated at the rate of $5 removed from the fines for every one hour of 
participation in the project that is applicable to the individual inmate pursuant to Title 
17-A, section 1304, subsection 3, paragraph A, subparagraph (1). 
SUMMARY 
This bill implements the following Criminal Law Advisory Commission 
recommendations. 
1.  In regard to the prohibition on the possession of firearms for certain persons, it 
adds an exception to the prohibition for a person under a deferred disposition until 
sentence imposition. 
2.  In the laws concerning limitations on the authority of a bail commissioner to set 
bail for an alleged violation of a condition of release, it imposes the same limitations on 
the setting of post-conviction bail as previously imposed on the setting of preconviction 
bail for that alleged violation. 
3.  It makes a technical correction to the laws concerning competency of a juvenile. 
4.  It adds a justice of the peace to those judicial officers authorized to issue a warrant 
to obtain portable electronic device content information and to obtain location 
information and, as to the latter, grant an extension of the warrant. 
5.  In the laws concerning computer crimes in the Maine Criminal Code, it adds a 
definition for "criminal justice agency." 
6.  In the laws concerning deferred disposition in the Maine Criminal Code, it 
clarifies that preconviction bail applies to a person on a deferred disposition until 
sentence imposition notwithstanding the definition of "preconviction" for purposes of the 
Maine Bail Code. 
7.  It replaces an outdated directive to reflect recent changes made to the Maine 
Revised Statutes, Title 17-A, section 1304 regarding the proration of sentences for 
inmates committed to the custody of a sheriff for nonpayment of fines.