An Act To Reclassify Certain Offenses and Increase the Efficiency of the Criminal Justice System
Maine Legislature, Session 128, LD 1048
Committee: Criminal Justice and Public Safety
Sponsors: VOLK, CARPENTER, DIAMOND, ROSEN, STEWART, WHITE
Amends: 12 MRSA §10451, 12 MRSA §10452, 12 MRSA §10453, 12 MRSA §10551, 12 MRSA §10553, 17-A MRSA §17, 29-A MRSA §2601

Legislative Document
No. 1048
S.P. 351
In Senate, March 16, 2017
An Act To Reclassify Certain Offenses and Increase the Efficiency 
of the Criminal Justice System
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator VOLK of Cumberland.
Cosponsored by Senators: CARPENTER of Aroostook, DIAMOND of Cumberland, ROSEN 
of Hancock, Representatives: STEWART of Presque Isle, WHITE of Washburn.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §10451, as enacted by PL 2003, c. 414, Pt. A, §2 and affected 
by Pt. D, §7 and c. 614, §9 and amended by c. 655, Pt. B, §55 and affected by §422, is 
further amended to read: 
§10451.  Fish and wildlife citation form 
1.  Form.   The commissioner shall designate the Uniform Summons and Complaint 
as the citation form to be used by the warden service for criminal violations of this Title 
and shall designate the Violation Summons and Complaint as the citation form to be used 
by the warden service for civil violations of this Title. 
2.  Responsibility for issuance and disposition.  The commissioner is responsible 
for all fish and wildlife citation forms approved by the Chief Judge of the District Court 
prior to May 1, 1991.  The Department of Public Safety is responsible for all Uniform 
Summons and Complaints Complaint forms issued to the warden service.  The 
commissioner or the commissioner's designee is responsible for the further issuance of 
Uniform Summons and Complaint books to individual wardens and for the proper 
disposition of those books. 
3.  Lawful complaint.  If the citation provided for in this section or a Uniform 
Summons and Complaint is duly sworn to as required by law and otherwise legally 
sufficient in respect to the form of a complaint and charging an offense, it may be filed in 
a court having jurisdiction and constitutes a lawful complaint for the purpose of the 
commencement of any criminal prosecution or civil violation proceeding. 
4.  Lawful summons.  A citation as provided for in this section or a Uniform 
Summons and Complaint, when served upon a person by a law enforcement officer, acts 
as a summons to appear in court or to otherwise respond in accordance with law on or 
before the date specified in the summons. 
A.  Any person who fails to appear in court as directed by the summons or to 
otherwise respond in accordance with law on or before the date specified in the 
summons commits a Class E crime. 
B.  Upon a person's failure to appear or respond in accordance with law, the court 
may issue a warrant of arrest.  It is an affirmative defense to prosecution under this 
subsection that the failure to appear or respond resulted from just cause. 
5.  Enforcement of civil violations.  Civil violations must be enforced as provided in 
this subsection. 
A.  A warden who has probable cause to believe that a civil violation has been 
committed by a person must issue or have delivered a written summons to that 
person. 
B.  A law enforcement agency in this State shall use traffic summonses for civil 
violations defined in this Title in the form known as the Violation Summons and 
Complaint as described in Title 29-A, section 2601, subsection 3. 
C.  Any person to whom a law enforcement officer is authorized to issue or deliver a 
summons pursuant to subsection 1 who intentionally fails or refuses to provide the 
officer reasonably credible evidence of the person's correct name, address or date of 
birth commits a Class E crime, if the person persists in that failure or refusal after 
having been informed by the officer of the provisions of this subsection.  If the 
person furnishes the officer evidence of that person's correct name, address and date 
of birth and the evidence does not appear to be reasonably credible, the officer shall 
attempt to verify the evidence as quickly as is reasonably possible.  During the period 
that verification is being attempted, the officer may require the person to remain in 
the officer's presence for a period not to exceed 2 hours.  During this period, if the 
officer reasonably believes that the officer's safety or the safety of others present 
requires, the officer may search for any dangerous weapon by an external patting of 
the person's outer clothing.  If in the course of the search the officer feels an object 
that the officer reasonably believes to be a dangerous weapon, the officer may take 
such action as is necessary to examine the object, but may take permanent possession 
of the object only if it is subject to forfeiture.  The requirement that the person remain 
in the presence of the officer does not constitute an arrest. 
After informing the person of the provisions of this paragraph, the officer may arrest 
the person either if the person intentionally refuses to furnish any evidence of that 
person's correct name, address or date of birth or if, after attempting to verify the 
evidence as provided for in this paragraph, the officer has probable cause to believe 
that the person has intentionally failed to provide reasonably credible evidence of the 
person's correct name, address or date of birth. 
D.  If, at any time subsequent to an arrest made pursuant to paragraph C, it appears 
that the evidence of the person's correct name, address and date of birth was accurate, 
the person must be released from custody and any record of that custody must show 
that the person was released for that reason.  If, upon trial for violating paragraph C, a 
person is acquitted on the ground that the evidence of the person's correct name, 
address and date of birth was accurate, the record of acquittal must show that that was 
the ground. 
E.  A Violation Summons and Complaint, when issued or delivered to a person by a 
law enforcement officer pursuant to paragraph B or served on the person in the 
manner prescribed by rule of the Supreme Judicial Court, acts as an order to file 
written answer to the complaint on or before the date specified in the summons. 
F.  A law enforcement officer issuing a Violation Summons and Complaint pursuant 
to paragraph B charging the commission of a civil violation shall file the original of 
the Violation Summons and Complaint with the violations bureau within 5 days of 
the issuance of that Violation Summons and Complaint. 
Sec. 2.  12 MRSA §10452, as enacted by PL 2003, c. 414, Pt. A, §2 and affected 
by Pt. D, §7 and c. 614, §9 and amended by c. 655, Pt. B, §56 and affected by §422, is 
further amended to read: 
§10452.  Refusal to sign 
A person may not refuse to sign a citation Violations Summons and Complaint or 
Uniform Summons and Complaint issued pursuant to section 10451 after having been 
ordered to do so by a law enforcement officer.  A person who violates this section 
commits a Class E crime. 
Sec. 3.  12 MRSA §10453, as enacted by PL 2003, c. 414, Pt. A, §2 and affected 
by Pt. D, §7 and c. 614, §9 and amended by c. 655, Pt. B, §56 and affected by §422, is 
further amended to read: 
§10453.  Unlawful disposition of citations 
A warden or other public employee may not dispose of an official citation form a 
Violation Summons and Complaint or Uniform Summons and Complaint issued pursuant 
to section 10451, except in accordance with law and as provided for in any applicable 
official policy or procedure of the Bureau of Warden Service. 
A person who violates this section commits a Class E crime. 
Sec. 4.  12 MRSA §10551, as enacted by PL 2003, c. 414, Pt. A, §2 and affected 
by Pt. D, §7 and c. 614, §9 and amended by c. 655, Pt. B, §61 and affected by §422, is 
further amended to read: 
§10551.  Prosecution by district attorney 
Each A district attorney shall prosecute all criminal violations of this Part occurring 
within the district attorney's district when requested by the commissioner or a game 
warden or other law enforcement officer authorized to enforce this Part. 
Sec. 5.  12 MRSA §10553, as enacted by PL 2003, c. 414, Pt. A, §2 and affected 
by Pt. D, §7 and c. 614, §9 and amended by c. 688, Pt. F, §2 and affected by §3, is further 
amended to read: 
§10553.  Jurisdiction 
The District Court has concurrent jurisdiction with the Superior Court in all criminal 
prosecutions under this Part.  The District Court violations bureau established pursuant to 
Title 4, section 164, subsection 12 has jurisdiction in all civil prosecutions under this Part.  
Any person arrested or summonsed as a violator of this Part must with reasonable 
diligence be taken before the District Court in the division nearest to where the offense is 
alleged to have been committed for prosecution, and in such case jurisdiction is granted 
to the District Court in adjoining divisions to be exercised in the same manner as if the 
offense had been committed in that division.  A warden issuing a Violation Summons and 
Complaint issued pursuant to section 10451 charging the commission of a civil violation 
shall file the original of the Violation Summons and Complaint with the violations bureau 
within 5 days of the issuance of that Violation Summons and Complaint. 
Sec. 6.  17-A MRSA §17, as amended by PL 2003, c. 657, §§3 and 4, is further 
amended to read: 
§17.  Enforcement of civil violations 
1.    A law enforcement officer who has probable cause to believe that a civil 
violation has been committed by a person must issue or have delivered a written 
summons to that person directing the person to appear in the District Court to answer the 
allegation that the person has committed the violation.  The summons must include the 
signature of the officer, a brief description of the alleged violation, the time and place of 
the alleged violation and the time, place and date the person is to appear in court.  The 
form used must be the Violation Summons and Complaint, as prescribed in Title 29-A, 
section 2601, for traffic infractions and the Uniform Summons and Complaint for other 
civil violations.  A person to whom a summons is issued or delivered must give a written 
promise to appear.  If the person refuses to sign the summons after having been ordered 
to do so by a law enforcement officer, the person commits a Class E crime.  The law 
enforcement officer may not order a person to sign the summons for a civil violation 
unless the civil violation is an offense defined in Title 12; Title 23, section 1980; Title 28-
A, section 2052; or Title 29-A.  
Every law enforcement officer issuing a Violation Summons and Complaint charging the 
commission of a traffic infraction shall file the original of the Violation Summons and 
Complaint with the violations bureau within 5 days of the issuance of that Violation 
Summons and Complaint.  Every law enforcement officer issuing a Uniform Summons 
and Complaint that charges the commission of an offense shall file the original of the 
Uniform Summons and Complaint with the District Court having jurisdiction over the 
offense or in such other location as instructed by the Chief Judge of the District Court 
without undue delay and, in any event, within 5 days after the issuance of the Uniform 
Summons and Complaint. 
1-A.  A law enforcement agency in this State shall use traffic summonses for civil 
violations defined in this Title in the form known as the Violation Summons and 
Complaint as described in Title 29-A, section 2601, subsection 3.  The law enforcement 
officer may not order a person to sign the summons for a civil violation unless the civil 
violation is an offense defined in Title 12; Title 17; this Title; Title 23, section 1980; Title 
28-A, section 2052; or Title 29-A. 
2.    Any person to whom a law enforcement officer is authorized to issue or deliver a 
summons pursuant to subsection subsections 1 and 1-A who intentionally fails or refuses 
to provide the officer reasonably credible evidence of the person's correct name, address 
or date of birth commits a Class E crime, if the person persists in that failure or refusal 
after having been informed by the officer of the provisions of this subsection.  If the 
person furnishes the officer evidence of that person's correct name, address and date of 
birth and the evidence does not appear to be reasonably credible, the officer shall attempt 
to verify the evidence as quickly as is reasonably possible.  During the period that 
verification is being attempted, the officer may require the person to remain in the 
officer's presence for a period not to exceed 2 hours.  During this period, if the officer 
reasonably believes that the officer's safety or the safety of others present requires, the 
officer may search for any dangerous weapon by an external patting of the person's outer 
clothing.  If in the course of the search the officer feels an object that the officer 
reasonably believes to be a dangerous weapon, the officer may take such action as is 
necessary to examine the object, but may take permanent possession of the object only if 
it is subject to forfeiture.  The requirement that the person remain in the presence of the 
officer does not constitute an arrest. 
After informing the person of the provisions of this subsection, the officer may arrest the 
person either if the person intentionally refuses to furnish any evidence of that person's 
correct name, address or date of birth or if, after attempting to verify the evidence as 
provided for in this subsection, the officer has probable cause to believe that the person 
has intentionally failed to provide reasonably credible evidence of the person's correct 
name, address or date of birth. 
3.    If, at any time subsequent to an arrest made pursuant to subsection 2, it appears 
that the evidence of the person's correct name, address and date of birth was accurate, the 
person must be released from custody and any record of that custody must show that the 
person was released for that reason.  If, upon trial for violating subsection 2, a person is 
acquitted on the ground that the evidence of the person's correct name, address and date 
of birth was accurate, the record of acquittal must show that that was the ground. 
4.    Any person who fails to appear in court as directed by a summons served on that 
person pursuant to subsection 1 or to otherwise respond in accordance with law on or 
before the date specified in the summons commits a Class E crime.  Upon that person's 
failure to appear or respond, the court may issue a warrant of arrest.  It is an affirmative 
defense to prosecution under this subsection that the failure to appear or respond resulted 
from just cause. 
5.  A Violation Summons and Complaint, when issued or delivered to a person by a 
law enforcement officer pursuant to subsection 1-A or served on the person in the manner 
prescribed by rule of the Supreme Judicial Court, acts as an order to file written answer to 
the complaint on or before the date specified in the summons. 
6.  It is unlawful and official misconduct for a law enforcement officer or other 
officer or public employee to dispose of a Violation Summons and Complaint issued 
pursuant to subsection 1-A or of the record of the issuance of a Violation Summons and 
Complaint in a manner other than as required under this section or pursuant to rules 
adopted by the Supreme Judicial Court.  A person who solicits or aids in the disposition 
or attempted disposition of a Violation Summons and Complaint or any portion in any 
unauthorized manner commits a Class E crime. 
7.  A law enforcement officer issuing a Violation Summons and Complaint pursuant 
to subsection 1-A charging the commission of a civil violation shall file the original of 
the Violation Summons and Complaint with the violations bureau within 5 days of the 
issuance of that Violation Summons and Complaint. 
Sec. 7.  29-A MRSA §2601, sub-§1, as amended by PL 2013, c. 482, §6, is 
further amended to read: 
1.  Form of Uniform Summons and Complaint.  Every law enforcement agency in 
this State shall use traffic summonses for civil violations defined in this Title and criminal 
traffic offenses defined in Title 23, section 1980 or this Title in the form known as the 
Uniform Summons and Complaint, which must be uniform throughout the State and must 
be issued in books with summonses in no less than quadruplicate and meeting the 
requirements of this chapter.  The Uniform Summons and Complaint must include, at a 
minimum, the signature of the officer, a brief description of the alleged offense, the time 
and place of the alleged offense and the time, place and date the person is to appear in 
court.  The Uniform Summons and Complaint must also include a statement that signing 
the summons does not constitute an admission or plea of guilty and that refusal to sign 
after having been ordered to do so by a law enforcement officer is a separate Class E 
crime.  A person to whom a Uniform Summons and Complaint is issued or delivered 
must give a written promise to appear.  The form of the Uniform Summons and 
Complaint must be approved by the Chief Judge of the District Court prior to its use. 
Sec. 8.  29-A MRSA §2601, sub-§3, as enacted by PL 1993, c. 683, Pt. A, §2 and 
affected by Pt. B, §5, is amended to read: 
3.  Form of Violation Summons and Complaint.  Every law enforcement agency in 
this State shall use traffic summonses for civil violations defined in this Title and traffic 
infractions in the form known as the Violation Summons and Complaint, which must be 
uniform throughout the State and must be issued in books with summonses in no less than 
quadruplicate and meeting the requirements of this chapter.  The form must include, at a 
minimum, the signature of the officer, a brief description of the alleged offense, the time 
and place of the alleged offense and the date on or before which the person is to file a 
written answer with the violations bureau.  The Violation Summons and Complaint must 
also include a statement that signing the summons does not constitute an admission or 
plea of guilty and that refusal to sign after having been ordered to do so by a law 
enforcement officer is a separate Class E crime.  The form of the Violation Summons and 
Complaint must be approved by the Chief Judge of the District Court prior to its use. 
Sec. 9.  29-A MRSA §2601, sub-§8, as amended by PL 2013, c. 482, §7, is 
further amended to read: 
8.  When a lawful complaint.  If the Uniform Summons and Complaint is duly 
sworn to as required by law and otherwise legally sufficient in respect to the form of a 
complaint and to charging commission of the offense alleged in the summons to have 
been committed, then the summons when filed with a court having jurisdiction constitutes 
a lawful complaint for the purpose of the commencement of any prosecution of a civil 
violation under this Title or a misdemeanor or Class D or Class E crime under Title 23, 
section 1980 or this Title.  When filed with the violations bureau, the Violation Summons 
and Complaint is considered a lawful complaint for the purpose of the commencement of 
a civil violation or traffic infraction proceeding. 
Sec. 10.  29-A MRSA §2601, sub-§9, as enacted by PL 1993, c. 683, Pt. A, §2 
and affected by Pt. B, §5, is amended to read: 
9.  Responsibility of law enforcement officer to file summonses and complaints 
with District Court.  A law enforcement officer issuing a Violation Summons and 
Complaint charging the commission of a civil violation or traffic infraction shall file the 
original of the Violation Summons and Complaint with the violations bureau within 5 
days of the issuance of the Violation Summons and Complaint.  A law enforcement 
officer issuing a Uniform Summons and Complaint that charges the commission of an 
offense shall file the original of the Uniform Summons and Complaint with the District 
Court having jurisdiction over the offense or in such other location as instructed by the 
Chief Judge of the District Court without undue delay and, in any event, within 5 days 
after the issuance of the Uniform Summons and Complaint. 
Sec. 11.  29-A MRSA §2601, sub-§10, as amended by PL 1997, c. 653, §12, is 
further amended to read: 
10.  Refusal to sign.  A person who refuses to sign a Uniform Summons and 
Complaint or a Violation Summons and Complaint after having been ordered to do so by 
a law enforcement officer commits a Class E crime.  A law enforcement officer may not 
order a person to sign the Uniform Violation Summons and Complaint for a civil 
violation unless the civil violation is an offense defined in Title 12; Title 28-A, section 
2052; or this Title.  Notwithstanding any other provision of law, the venue for a violation 
of this subsection is the same judicial division as for the Uniform Summons and 
Complaint or Violation Summons and Complaint that the person refuses to sign. 
SUMMARY 
This bill requires the use of the Uniform Summons and Complaint form for criminal 
violations of the Maine Revised Statutes, Titles 12, 17-A and 29-A and the Violation 
Summons and Complaint for civil violations of those titles.  This bill requires the 
Violation Summons and Complaint form to be the same form as that currently used for 
traffic infractions and standardizes the use, including the issuance and disposition, of that 
form by law enforcement officers and the Maine Warden Service. 
This bill specifies that district attorneys are required to prosecute only criminal 
violations of the inland fisheries and wildlife laws and removes references to citations, 
which are no longer used by the warden service.