An Act Regarding Speedy Trials
Maine Legislature, Session 131, LD 1771
Committee: Judiciary
Sponsors: MOONEN, CARNEY, HAGGAN, KUHN, LEE, POIRIER, SHEEHAN, BRAKEY

Legislative Document
No. 1771
H.P. 1135
House of Representatives, April 25, 2023
An Act Regarding Speedy Trials
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative MOONEN of Portland.
Cosponsored by Senator CARNEY of Cumberland and
Representatives: HAGGAN of Hampden, KUHN of Falmouth, LEE of Auburn, POIRIER of 
Skowhegan, SHEEHAN of Biddeford, Senator: BRAKEY of Androscoggin.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  15 MRSA c. 207 is enacted to read:
CHAPTER 207
SPEEDY TRIALS
§1491. Time for commencement of trial 
1.  Defendant in custody.  Trial must commence for a defendant who has been 
detained in a jail or a correctional facility for at least 30 total days while awaiting trial 
within the following time limits:
A.  For a defendant charged with murder or a Class A, Class B or Class C crime, trial 
must commence within 180 days from arraignment or first appearance, whichever is 
earlier; and
B.  For a defendant charged with a Class D or Class E crime and not charged with a 
related Class C or higher crime, trial must commence within 45 days from arraignment 
or first appearance, whichever is earlier.
2.  Defendant not in custody.  Trial must commence for a defendant who has not been 
detained in a jail or a correctional facility while awaiting trial, or who has been detained in 
a jail or correctional facility for fewer than 30 total days while awaiting trial, within the 
following time limits:
A. For a defendant charged with murder or a Class A, Class B or Class C crime, trial 
must commence within 270 days from arraignment or first appearance, whichever is 
earlier; and
B. For a defendant charged with a Class D or Class E crime and not charged with a 
related Class C or higher crime, trial must commence within 60 days from arraignment 
or first appearance, whichever is earlier.
3.  Time excluded.  The following time periods are excluded in computing the time 
limits in subsections 1 and 2:
A. Delay resulting from a continuance granted at the defendant's request. Before 
granting a continuance under this paragraph, the court shall advise the defendant of the 
defendant's right to a speedy trial and the effect of the continuance; 
B. Delay resulting from an interlocutory appeal;
C. Delay resulting from a proceeding relating to the transfer of a case or the removal 
of any defendant from another county under the Maine Rules of Criminal Procedure, 
Rule 21 or succeeding rule;
D. Delay resulting from transportation of a 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;
E. Delay reasonably attributable to a period not to exceed 30 days during which any 
proceeding concerning the defendant is under advisement by the court;
F. Delay during which prosecution is deferred by the State pursuant to written 
agreement with the defendant, with the approval of the court, to allow the defendant to 
demonstrate the defendant's good conduct;
G. Delay resulting from the defendant being mentally incompetent or physically unable 
to stand trial; and
H. A reasonable delay when the defendant is joined for trial with a codefendant as to 
whom the time for commencement of trial has not expired and no motion for severance 
has been granted.
4. Effect of mistrial or order of new trial.  Trial must commence for a defendant 
within 180 days from the date of mistrial or order granting a new trial.
5. Effect of refiling.  If the prosecution moves to dismiss the charge and subsequently 
refiles the same or a similar charge, the refiling does not reset or extend the original time 
limit under this chapter.
§1492. Waiver of speedy trial right 
A defendant may waive the defendant's right to a speedy trial under this chapter.  The 
waiver is not effective unless the court has advised the defendant of the defendant's right 
to a speedy trial and the effect of the waiver.
§1493. Remedy for noncompliance with time limit 
If the trial of a defendant does not commence within the applicable time limits under 
this chapter, the court shall dismiss the case with prejudice.
Sec. 2.  Effective date. This Act takes effect January 1, 2024.
SUMMARY
This bill establishes time limits for the commencement of a defendant's criminal trial 
and provides remedies for when the time limits have been violated.