An Act To Amend the Law Relating to the Crime of Hindering Apprehension or Prosecution
Maine Legislature, Session 128, LD 1458
Committee: Criminal Justice and Public Safety
Sponsors: ROSEN
Amends: 17-A MRSA §753

Legislative Document
No. 1458
S.P. 504
In Senate, April 18, 2017
An Act To Amend the Law Relating to the Crime of Hindering 
Apprehension or Prosecution
(EMERGENCY)
Submitted by the Department of Corrections pursuant to Joint Rule 204.
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 ROSEN of Hancock.
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, current laws relating to the crime of hindering apprehension or 
prosecution do not include hindering the apprehension or prosecution of persons who 
violate probation, supervised release for sex offenders or parole and therefore create 
significant barriers to timely arrest and prosecution that are of immediate concern; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  17-A MRSA §753, sub-§1-B, ¶¶E and F, as enacted by PL 2001, c. 
667, Pt. D, §17, are amended to read: 
E.  Obstructs by force, intimidation or deception anyone from performing an act that 
might aid in the discovery, apprehension, prosecution or conviction of the other 
person and: 
(1)  The actor knew of the conduct of the other person that has in fact resulted in 
the charge of murder or a Class A crime or that has in fact rendered the other 
person liable to such a charge.  Violation of this subparagraph is a Class B crime; 
(2)  The conduct of the other person has in fact resulted in the charge of murder 
or a Class A crime or in fact has rendered the other person liable to such a charge 
or the other person is charged or is liable to be charged with a Class B crime.  
Violation of this subparagraph is a Class C crime; 
(3)  The other person is charged or is liable to be charged with a Class C crime.  
Violation of this subparagraph is a Class D crime; or 
(4)  The other person is charged or is liable to be charged with a Class D or Class 
E crime.  Violation of this subparagraph is a Class E crime; or 
F.  Aids the other person to safeguard the proceeds of or to profit from such crime 
and: 
(1)  The actor knew of the conduct of the other person that has in fact resulted in 
the charge of murder or a Class A crime or that has in fact rendered the other 
person liable to such a charge.  Violation of this subparagraph is a Class B crime; 
(2)  The conduct of the other person has in fact resulted in the charge of murder 
or a Class A crime or in fact has rendered the other person liable to such a charge 
or the other person is charged or is liable to be charged with a Class B crime.  
Violation of this subparagraph is a Class C crime; 
(3)  The other person is charged or is liable to be charged with a Class C crime.  
Violation of this subparagraph is a Class D crime; or 
(4)  The other person is charged or is liable to be charged with a Class D or Class 
E crime.  Violation of this subparagraph is a Class E crime.; or 
Sec. 2.  17-A MRSA §753, sub-§1-B, ¶G is enacted to read: 
G.  Hinders the apprehension or prosecution of the other person for a violation of 
probation, supervised release for sex offenders or parole by any means described 
under paragraphs A to F with the intent to hinder, prevent or delay discovery, 
apprehension, prosecution, revocation or punishment for the violation.  The 
sentencing class for hindering apprehension or prosecution of the other person is one 
class less than the crime for which the other person was originally sentenced. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill includes in the crime of hindering apprehension or prosecution those who 
hinder the apprehension or prosecution of those who violate probation, supervised release 
for sex offenders or parole.