An Act Regarding Speedy Trials
Maine Legislature, Session 131, LD 1771
Committee Amendment CA_A_H967 (House)
Amends: 17-A MRSA §2102, 17-A MRSA §2110

COMMITTEE AMENDMENT" A-'' to H.P. 1135, L.D. 1771, "An Act Regarding 
Speedy Trials" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 15 MRSA c, 207 is enacted to read: 
CHAPTER 207 
SPEEDY TRIALS 
§1491. Short title 
This chapter may be known and cited as "the Maine Speedy Trial Act." 
§1492. Time for commencement of trial 
1. Beginning January 1, 2026; maximum time period before trial. For any 
complaint, indictment or information filed on or after January 1, 2026 and before January 
1, 2028, trial must commence within the following time limits: 
A. For a defendant charged with murder or a Class A crime, trial must commence 
within 24 months from arraignment; 
B. For a defendant charged with a Class B or Class C crime, trial must commence 
within 15 months from arraignment: and 
C. For a defendant charged with a Class D or Class E crime, trial must commence 
within 12 months from arraignment. 
If a defendant is charged with multiple counts in the same complaint, indictment or 
information, the applicable time limit is detennined by the highest sentencing classification 
0 
assigned to any count charged. 
Page I - 131LR2158(02) 
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2. Beginning January 1, 2028; maximum time period before trial. 
For any 
complaint, indictment or information filed on or after Januaty 1, 2028 and before Janua1y 
1, 2030, trial must commence within the following time limits: 
A. For a defendant charged with murder or a Class A crime, trial must commence 
within 24 months from arraignment; 
B. For a defendant charged with a Class B or Class C crime, trial must commence 
within 12 months from arraignment; and 
C. For a defendant charged with a Class D or Class E crime, trial must commence 
within 9 months from arraignment. 
If a defendant is charged with multiple counts in the same complaint, indictment or 
information, the applicable time limit is dete11nined by the highest sentencing classification 
assigned to any count charged. 
3, Beginning January 1, 2030; maximum time period before trial. 
For any 
complaint, indictment or information filed on or after Januaiy 1. 2030, trial must commence 
within the following time limits: 
A. For a defendant charged with murder or a Class A crime, trial must commence 
within 24 months from arraignment; 
B. For a defendant charged with a Class B or Class C crime, trial must commence 
within 9 months from arraignment; and 
C. For a defendant charged with a Class D or Class E crime, trial must commence 
within 6 months from arraignment. 
If a defendant is charged with multiple counts in the same complaint, indictment or 
information, the applicable time limit is determined by the highest sentencing classification 
assigned to any count charged. 
4. Time excluded. Delays attributable to the following are excluded in computing the 
time limits in subsections L 2 and 3: 
A. A continuance granted at the defendant1s request. Before requesting a continuance, 
the defense attomey for a defendant shall inform the court that the attomey has advised 
the defendant of the right to a speedy trial and the effect of a continuance. If a defendant 
is not represented by an attomey, the court shall inform the defendant of the right to a 
speedy trial and the effect of a continuance and, before granting the request, allow a 
reasonable time for the defendant to withdraw the request; 
B. An enlargement of time granted at the defendant
1s request or with the defendanfs 
consent; 
C. Any proceeding, including any examination, to evaluate the mental competency, 
abnormal condition of the mind, criminal responsibility or physical capacity of the 
defendant; 
D. Any trial or other court proceedings related to other charges against the defendant; 
E. The absence or unavailability of the defendant; 
F. An interlocut01y appeal; 
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G. Any proceedings relating to the extradition and transpo1iation of the defendant from 
another jurisdiction under Title 15, chapter 9; 
H. Any proceedings relating to a change of venue under the Maine Rules of Unified 
Criminal Procedure, Rule 21 or succeeding rule; 
I. A reasonable time to transport the defendant from another county or to and from a 
place of examination or hospitalization, except that any time consumed in excess of 5 
days from the date of an order of removal or an order directing transportation under 
this paragraph and the defendant's arrival at the destination is presumed to be 
unreasonable; 
J. A period not to exceed 60 days during which any motion or request concerning the 
defendant is under advisement by the comi after considering written or oral argument 
on the motion from the parties; 
K. The time during which prosecution is deferred by the State pursuant to written 
agreement with the defendant pursuant to Title 17-A. chapter 67, subchapter 4 with the 
approval of the court or pursuant to the Maine Rules of Unified Criminal Procedure, 
Rule 11 B or succeeding rule: 
L. The time during which the defendant is mentally incompetent or physically unable 
to stand trial; 
M. A 1·easonable time period during which the defendant is joined for trial with a 
codefendant as to whom the time for commencement of trial under subsection 1, 2 or 
has not expired and no motion for severance has been granted. For the purposes of 
this paragraph, reasonableness is determined at the comt's discretion: and 
N. A reasonable period of time after each change in the defendant's counsel at the 
defendant's request. Any time in excess of 30 days from the defendant's request to 
obtain new counsel is presumed to be unreasonable. 
5. Effect of mistrial or order of new trial. If the comt orders a mistrial or grants a 
motion for a new trial, the new trial must commence for a defendant within 9 months from 
the date of the mistrial or date that the order granting a new trial is entered on the docket. 
6. Rules. The Supreme Judicial Comt may adopt rules necessary to implement this Act. 
§1493. Waiver of speedy trial right 
A defendant may waive the defendant's right to a speedy trial under this Act. The 
waiver is not effective unless the comi has advised the defendant of the defendant's right 
to a speedy trial and the effect of the waiver. 
§1494. Enlargement of time 
1. Enlargement of time; factors. The comi, for good cause, may grant a motion to 
enlarge the applicable maximum time period before trial under section 1492. A comt may 
not grant a motion for enlargement of time under this section unless the comi makes 
findings on the record that the interests of justice served by granting the enlargement 
outweigh the interests of the public and the interest of the defendant in a speedy trial. In 
making this determination, the comi shall consider, at a minimum, the following factors: 
A. Whether the failure to grant the motion for enlargement of time is likely to make 
continuation of the proceeding impossible or to result in a miscarriage of justice: 
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COMMITTEE AMENDMENT "ft" to H.P. 1135, L.D. 1771 
B. Whether the case is so unusual or so complex, due to the number of defendants, the 
number of counts, the nature of the prosecution or the existence of novel questions of 
fact or law, that it is unreasonable to expect adequate preparation for pretrial 
proceedings or for the trial within the applicable time limit established by section 1492; 
and 
C, Whether the failure to grant the motion for enlargement oftime would unreasonably 
deny the defendant or the State continuity of counsel, would limit the availability of 
witnesses for the defendant or the State or would deny counsel for the defendant or the 
attorney for the State the reasonable time necessary for effective preparation, taking 
into account the exercise of due diligence. 
A comt may not consider either the general congestion of the comt's calendar or lack of 
diligent preparation on the pait of the attorney for the State as factors weighing in favor of 
granting an enlargement of time under this section. 
§1495. Remedy for noncompliance with time limit 
1. Motion by defendant or court. The defendant, by motion, or the comt, acting sua 
sponte, may raise the issue of noncompliance with the applicable time limit established in 
section 1492. 
2. Procedure on motion. Notice of the motion under subsection 1 and an opportunity 
to be heard must be provided to the defendant and to the attorney for the State, 
3, Remedy; factors. The comt shall dismiss the case, with or without prejudice, if it 
determines that the defendant's trial did not commence within the applicable time limit 
established by section 1492 and any enlargement of that time limit ordered under section 
1494, In making a determination whether to dismiss the case with or without prejudice, 
the comt shall consider, at a minimum, the following factors: 
A. The seriousness of the offense; 
B. The facts and circumstances of the case that prompted the filing of the motion to 
dismiss; 
C. Whether the State can initiate future criminal proceedings based on the conduct 
underlying the dismissed case and the impact of such a prosecution on the 
administration of justice: 
D. An objection made by a victim pursuant to Title 17-A, section 2110; and 
E, Any other factor the comt considers relevant. 
Sec. 2. 17-A MRSA §2102, sub-§1, W-2, as enacted by PL 2021, c, 330, §6 and 
reallocated by RR 2021, c, 1, Pt. A, § 14, is amended to read: 
F-2, The final disposition of the charges against the defendant, including the amount 
of deductions to time served that a defendant has accumulated as of the date of 
sentencing. On or before the date of sentencing, the attorney for the State shall obtain 
information about the deductions to time served from each conectional facility at 
which a defendant was detained prior to sentencing on the relevant charges; and 
Sec. 3. 17-A MRSA §2102, sub-§1, W-3 is enacted to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 1135, L.D. 1771 
F-3. The time and place of any hearing under Title 15, section 1495 to determine the 
remedy for noncompliance with the Maine Speedy Trial Act and the right to be heard: 
and 
Sec. 4. 17-A MRSA §2110 is enacted to read: 
§2110. Procedure on motion to dismiss for violation of Maine Speedy Trial Act 
When the attorney for the State receives notice of a motion under Title 15, section 1495 
seeking dismissal of charges for noncompliance with the Maine Speedy Trial Act, the 
attorney for the State shall disclose to the court any attempts made to notify each victim 
and any objection by a victim, In a proceeding to determine the remedy for noncompliance 
with the Maine Speedy Trial Act, if a victim is present in court, the victim may address the 
court at that time. 
Sec. 5. 
Appropriations and allocations. The following appropriations and 
allocations are made. 
ATTORNEY GENERAL, DEPARTMENT OF THE 
District Attorneys Salaries 0409 
Initiative: Establishes 12 Assistant District Attorney positions effective September 1, 2024, 
including one position in each of the 8 Prosecutorial Districts and one additional position 
in 4 of the Prosecutorial Districts. 
GENERAL FUND 
POSITIONS-LEGISLATIVE COUNT 
Personal Services 
GENERAL FUND TOTAL 
2023-24 
0.000 
$0 
$0 
2024-25 
12.000 
$777,956 
$777,956 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment, which is the majority report of the committee, replaces the bill. The 
amendment retains the subject matter of the bill but lengthens the maximum time period 
before a criminal trial must commence, referred to in this summary as "the speedy trial 
deadline," and eliminates the distinction between the speedy trial deadline for defendants 
who are and defendants who are not in custody. Beginning with cases brought on or from 
January 1, 2026, the trial for a defendant charged with murder or a Class A crime must 
commence within 24 months from arraignment, the trial for a defendant charged with a 
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Class B or Class C crime must commence within 15 months from arraignment and the trial 
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for a defendant charged with a Class D or Class E crime must commence within 12 months 
from arraignment. The amendment also phases in, on January 1, 2028 and again on January 
8 
1, 203 0, reductions in the speedy trial deadlines fo1· defendants charged with Class B, Class 
C, Class Dor Class E crimes. 
The amendment adds to the list of activities leading to delays in the commencement of 
a criminal trial that must be excluded in computing whether the trial has commenced within 
the speedy tdal deadline and authorizes the court to grant a motion to enlarge the speedy 
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COMMITTEE AMENDMENT"{>( to H.P. 1135, L.D. I 771 
trial deadline when the interests of justice served by granting the enlargement of time 
outvveigh the interests of the public and of the defendant in a speedy trial. Unlike the bill, 
the amendment provides that, if the speedy trial deadline is not met, the court has a choice 
to dismiss the case with or without prejudice after providing the defendant and the attorney 
for the State notice and an opportunity to be heard on the issue. In deciding whether the 
dismissal should be with or without prejudice, the cou11 must consider the seriousness of 
the alleged offense, the facts and circumstances leading to the delay of the trial, the viability 
of prosecuting the case again, any objection of a victim of the alleged offense and any other 
relevant factor. 
The amendment also incorporates a fiscal note and adds an appropriations and 
allocations section. The fiscal note identifies the amendment as creating a potential state 
mandate because counties may need to hire additional staff to meet the speedy trial 
deadlines set fo11h in the amendment. To qualify as a state mandate pursuant to the 
Constitution of Maine, legislation must require a local unit of govemment to expand or 
modify its activities so as to necessitate additional expenditures from local revenue. After 
consulting with the Attorney General, the members of the committee voting in favor of the 
majority rep011 have determined that this legislation is not a mandate. While it may be best 
practice for a county, in its discretion, to expend additional local revenue to hire additional 
staff to supp011 the work of the state-funded Assistant District Attorney positions 
established in the amendment, the amendment does not affirmatively require counties to 
expend additional local revenues for this purpose. In addition, A11icle I, Section 6 of the 
Constitution of Maine and the Sixth Amendment to the United States Constitution grant 
criminal defendants the right to a speedy trial, a right state and local government are already 
required to uphold. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/09/24 ,.:b,?ae 
LD 1771 
LR2158(02) 
An Act Regarding Speedy Trials 
Fiscal Note for Bill as Amended by Committee Amendment ''N,' (r+.t{la-1.) 
Committee: Judiciary 
Net Cost (Savings) 
General Fund 
Highway Fund 
Appropriations/ Allocations 
General Fund 
Highway Fund 
State Mandates 
Required Activity 
Fiscal Note Required: Yes 
Fiscal Note 
Potential State Mandate - Unfunded 
FY 2023-24 
$0 
$0 
$0 
$0 
FY2024-25 
$777,956 
$0 
$777,956 
$0 
To meet time limits for the c01mnencement of criminal trials required in the bill 
counties will need to hire additional staff, including trial assistants and victim 
witness advocates, to support the expanded workload of district attorney offices 
statewide. 
Projections 
FY 2025-26 
$1,904,763 
$157,682 
$1,904,763 
$157,682 
Projections 
FY 2026-27 
$2,250,634 
$312,674 
$2,250,634 
$312,674 
Unit Affected 
Local Cost 
County 
Moderate 
statewide 
The requireq. local activities in this bill may represent a state mandate pursuant to the Constitution of Maine. If the bill 
does require a local unit of government to expand or modify its activities so as to necessitate additional expenditures 
from local revenue, the state mandate provisions of the Constitution of Maine require either: (1) General Fund 
appropriatio11s be provided to fund at least 90% of any additional necessitated local costs of the mandate; or (2) a 
Mandate Preamble be added to the bill and two-thirds of the members of each House vote to exempt the mandate from 
the funding requireme11t. If the bill does represe11t a state mandate and neither one of these actions occurs, the local 
units of government will not be required to implement the mandated activities. 
Fiscal Detail and Notes 
This bill establishes time limits for the commencement of criminal trials under the new Maine Speedy Trial Act. The 
bill includes ongoing General Fund appropriations to the District Attorneys Salary Program within the Office of the 
Attorney General of $777,956 in fiscal year 2024-25 to establish 12 Assistant District Attorney positions effective 
January 1, 2025, to handle the increased worldoad across the State's 8 prosecutorial districts to meet the time limits in 
the bill. 
The Depa1tment of Public Safety will require a General Fund appropriation of $292,839 and a Highway Fund 
allocation of $157,682 beginning in fiscal year 2025-26 for one Forensic Scientist position, 2 Forensic Chemist I 
positions, 4 DNA Forensic Analyst positions, one Forensic Scientist Firearms position and related All Other costs t0 
process and examine evidence in time for trial dates. 
Any additional costs to the Criminai Division within the Office of the Attorney General and to the Judicial Branch can 
be absorbed within existing budgeted resources.