An Act To Establish a Statewide Electronic Warrant System
Maine Legislature, Session 130, LD 0679
Committee: Judiciary
Sponsors: KEIM, DAVIS, GUERIN, O'CONNOR, PICKETT
Amends: 4 MRSA §17, 15 MRSA §55

Legislative Document
No. 679
S.P. 266
In Senate, March 4, 2021
An Act To Establish a Statewide Electronic Warrant System
Received by the Secretary of the Senate on March 2, 2021.  Referred to the Committee on 
Judiciary pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator KEIM of Oxford.
Cosponsored by Senators: DAVIS of Piscataquis, GUERIN of Penobscot, Representatives: 
O'CONNOR of Berwick, PICKETT of Dixfield.
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 statewide 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 an application and all information and 
documents related to the application;
(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.  An oath or 
affirmation may be provided in electronic format;
(5)  Provide for use of an 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 using an 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 2017, c. 144, §2, is further amended to 
read:
§55.  Search warrants; issuance by justice, judge or justice of the peace
A justice of the Superior Court, 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 Constitution and the Constitution of Maine permit, including with 
respect to any violation over which the Passamaquoddy Tribe, the Penobscot Nation or the 
Houlton Band of Maliseet Indians exercises exclusive jurisdiction under Title 30, section 
6209‑A, 6209-B or 6209-C.  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.  When no procedure is specified by the Supreme Judicial Court, the justice, 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.  A justice, a judge or 
a justice of the peace shall issue a search warrant for a domestic or foreign entity that is a 
provider of electronic communication service or a provider of remote computing service in 
accordance with the provisions of this section and section 56.
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.