An Act To Enhance Safety on School Property
Maine Legislature, Session 128, LD 0321
Committee: Criminal Justice and Public Safety
Sponsors: COREY, VOLK, BATTLE, BICKFORD, GERRISH, HARRINGTON, HERRICK, PICKETT, STEARNS, DIAMOND
Amends: 17-A MRSA §406

Legislative Document
No. 321
H.P. 235
House of Representatives, January 31, 2017
An Act To Enhance Safety on School Property
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative COREY of Windham.
Cosponsored by Senator VOLK of Cumberland and
Representatives: BATTLE of South Portland, BICKFORD of Auburn, GERRISH of Lebanon, 
HARRINGTON of Sanford, HERRICK of Paris, PICKETT of Dixfield, STEARNS of 
Guilford, Senator: DIAMOND of Cumberland.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  17-A MRSA §406 is enacted to read: 
§406.   Criminal trespass on school property 
1.  As used in this section, the following terms have the following meanings: 
A.  "Authorized person" means: 
(1)  A student enrolled at a school and who is not suspended or expelled from the 
school and is on school property between 30 minutes before and 30 minutes after 
school hours or engaged in a school-sponsored or school-sanctioned activity; 
(2)  A student enrolled at a school and who is not suspended or expelled from the 
school and is attending an athletic or other extracurricular event sponsored or 
sanctioned by the school between 30 minutes before and 45 minutes after the 
close of the event; 
(3)  A parent or guardian of a student enrolled at a school, or a person with 
permission from a parent or guardian of a student, delivering the student to or 
picking up the student from school or an athletic or other extracurricular event 
sponsored or sanctioned by the school and who is on school property for no more 
than 30 minutes; 
(4)  A person attending a curricular, athletic or extracurricular event sponsored or 
sanctioned by a school, is in actual attendance of the curricular, athletic or 
extracurricular event and is on school property between 30 minutes before and 30 
minutes after the event; or 
(5)  A member of the school staff or a vendor, contractor, subcontractor or 
volunteer of the school in the performance of official duties for or legitimate 
business with the school. 
B.  "School property" means a building or motor vehicle used or occupied by a public 
or private kindergarten as defined in Title 20-A, section 1, subsection 15,  public or 
private elementary school as defined in Title 20-A, section 1, subsection 10 or public 
or private secondary school as defined in Title 20-A, section 1, subsection 32. 
2.  A person is guilty of criminal trespass on school property if the person is not an 
authorized person and: 
A.  Enters or remains on school property after being asked to not enter or being asked 
to leave school property by the principal, the principal's designee, a member of the 
school staff or a law enforcement officer; or 
B.  Enters or remains on school property that is posted with clearly marked signs at 
all entrances stating "Any person on these premises without authorization is guilty of 
trespassing." 
Violation of this subsection is a Class E crime. 
3.  A principal, principal's designee or member of the school staff who has probable 
cause to believe a person is committing criminal trespass on school property as described 
in subsection 1, paragraph A may take the person into custody and detain the person in a 
reasonable manner for a reasonable time pending arrival of a law enforcement officer. A 
principal, principal's designee or member of the school staff who detains a person under 
this subsection shall immediately contact law enforcement personnel.  The detention of a 
person under this subsection does not render the principal, principal's designee or member 
of the school staff who detained the person liable for false arrest, false imprisonment or 
unlawful detention. 
4.  If the school property is posted as described in subsection 1, paragraph B, it is a 
permissible inference under the Maine Rules of Evidence, Rule 303 that such posted sign 
is posted in a manner reasonably likely to come to the attention of trespassers. 
SUMMARY 
This bill creates the Class E crime of criminal trespass on school property if a person 
who is not authorized to be in or on school property enters or remains in or on the 
property that is posted.  The bill also prohibits a person from staying on school property 
after being asked not to enter or being asked to leave the property by the principal, 
principal's designee, member of the school staff or law enforcement officer.