An Act To Establish a Statewide Electronic Warrant System
Maine Legislature, Session 128, LD 0860
Committee: Judiciary
Sponsors: GERRISH, ROSEN, COREY, FOLEY, HERRICK, MAREAN, PICKETT, RECKITT
Amends: 4 MRSA §17, 15 MRSA §55

Legislative Document
No. 860
H.P. 609
House of Representatives, March 7, 2017
An Act To Establish a Statewide Electronic Warrant System
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative GERRISH of Lebanon.
Cosponsored by Senator ROSEN of Hancock and
Representatives: COREY of Windham, FOLEY of Wells, HERRICK of Paris, MAREAN of 
Hollis, PICKETT of Dixfield, RECKITT of South Portland.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  4 MRSA §17, sub-§16, as amended by PL 1993, c. 675, Pt. C, §8, is 
further amended to read: 
16.  Report on out-of-state travel.  Submit to the joint standing committee of the 
Legislature having jurisdiction over appropriations and financial affairs a quarterly report 
on out-of-state travel activity of the Judicial Department.  The report must be submitted 
within 15 days after the end of each quarter and must include, for each individual who 
has been authorized to travel, the destination, purpose and cost by funding source of each 
trip; and 
Sec. 2.  4 MRSA §17, sub-§17, ¶C, as enacted by PL 1993, c. 675, Pt. C, §9, is 
amended to read: 
C.  The statement on proposed legislation prepared by the State Court Administrator 
must be considered in the preparation of the fiscal note included in a committee 
amendment or other amendment if the legislation or amendment has a fiscal impact 
on the judicial system, as determined by the State Court Administrator.; and 
Sec. 3.  4 MRSA §17, sub-§18 is enacted to read: 
18.  Statewide electronic warrant system.  Establish a secure system for the 
application, issuance and return of arrest warrants and search warrants that is electronic 
and that provides access to authorized users statewide. 
A.  For the purposes of this subsection, "electronic signature" means an electronic 
sound, symbol or process attached to or logically associated with a document and 
executed or adopted by a person with the intent to sign the document, including but 
not limited to an electronic representation of an actual handwritten signature that is 
captured at the time of signature by the person or is digitally reproduced from a 
previously saved signature. 
B.  The state electronic warrant system established pursuant to this subsection must: 
(1)  Provide for personal appearance and authorization by means of 
telecommunication or electronic communication; 
(2)  Provide for secure access for authorized users, at varying levels of 
authorization, and guard the integrity of applications and all information and 
documents related to the applications; 
(3)  Provide for submission of information and evidence to support the 
application in electronic form; 
(4)  Require a showing of probable cause, based on oath or affirmation, which 
may be provided in electronic format; 
(5)  Provide for electronic signature by the applicant; 
(6)  Provide a method for the issuing official to disapprove, approve or approve 
with modifications the application, the means for electronic signature by the 
issuing official and a mechanism for electronic issuance; 
(7)  Provide a mechanism for the applicant to obtain the issued arrest warrant or 
search warrant and a mechanism for return by the applicant when the warrant has 
been executed or, if the warrant was not served within the time period stated in 
the warrant, a mechanism to return the warrant unserved; and 
(8)  Provide a mechanism for the retention of all information submitted to or 
communicated by or within the system. 
Sec. 4.  15 MRSA §55, as amended by PL 1995, c. 388, §3 and affected by §8, is 
further amended to read: 
§55.  Search warrants; issuance by district judge or justice of the peace 
A judge of the District Court or a justice of the peace shall issue search warrants for 
any place in the State for such purposes as the Constitution of the United States and the 
Constitution of Maine permit, including with respect to any violation over which the 
Passamaquoddy Tribe or the Penobscot Nation exercises exclusive jurisdiction under 
Title 30, section 6209-A or 6209-B.  The evidence presented to the magistrate in support 
of the search warrant may consist of affidavits and other evidence under oath or 
affirmation that is capable of being reduced to a record for purposes of review.  The 
application for the search warrant and supporting information and evidence must be 
submitted in accordance with rules adopted by the Supreme Judicial Court, except that 
following the establishment of a statewide electronic warrant system as provided in Title 
4, section 17, subsection 18, the filing of the application and supporting information and 
evidence must be done electronically and the warrant issued and returned electronically.  
The Supreme Judicial Court shall by rule provide the procedure of the application for and 
issuance of search warrants; provided except that, when no procedure is specified, the 
judge or justice of the peace shall proceed in any reasonable manner that is authorized by 
this section, that conforms to the requirements of Title 4, section 17, subsection 18 and 
that will allow the issuance of a search warrant for any constitutional purpose. 
Sec. 5.  Rule amendments.  The Supreme Judicial Court shall adopt amendments 
to the Maine Rules of Unified Criminal Procedure, Rule 4, Arrest Warrant or Summons, 
effective on the date of the establishment of the statewide electronic warrant system 
pursuant to the Maine Revised Statutes, Title 4, section 17, subsection 18, to provide for 
the application, issuance and return of arrest warrants and search warrants through 
electronic means. 
SUMMARY 
This bill directs the State Court Administrator to establish a secure system for the 
application, issuance and return of arrest warrants and search warrants that is electronic 
and that provides access to authorized users statewide.  The bill amends the law on search 
warrants to require electronic application and issuance once the electronic system has 
been established.  The bill directs the Supreme Judicial Court to adopt amendments to the 
Maine Rules of Unified Criminal Procedure, Rule 4, Arrest Warrant or Summons, 
effective on the date of the establishment of the statewide electronic warrant system, to 
provide for the application, issuance and return of arrest warrants and search warrants 
through electronic means.