An Act to Prohibit
Maine Legislature, Session 132, LD 1189
Committee Amendment CA_A_H752 (House)
Amends: 17-A MRSA §19-A

FmST SPECIAL SESSION
COMMITTEE AMENDMENT "H " to H.P. 794, L.D. 1189, "An Act to Prohibit
Arrest and Detention for Civil Violations and Require an Attorney for the State to
Determine Whether to Charge a Class E Offense as a Civil Violation"
Amend the bill by striking out the title and substituting the following:
An Act to Allow an Attorney for the State to Determine Whether to Charge Certain
Class E Crimes as Civil Violations' „
Amend the bill by striking out everything after the enacting clause and inserting the
following: :.; ,
'See. 1. 17-A MRSA §19-A is enacted to read:
819-A. Election to charge Class E crime as civil violatioo
1. For purposes of this section, "eligible Class E crime" means any_Class^
except aClass_E_^c^^
A. In Title 21-A: or
B. For which the defendant, if convicted, would be eligible for probation or subject to
a mandatory driver s license suspension,
2. The attorney for the State may elect to charge a defendant^ allegedlo_haYe comm
an eligible Class E crime with a civil violation instead of the eligible Class E crime unless
the defendant was arrested and objects to the substitution of a civil violation chargejn
deciding whether to make this election, the attorney for the State shall consider the severity
of the defendant's conduct, the impact of the conduct on thej/^^^
or adiudications entered against the defendant and any other factor relevant to whether a
criminal or civil sanction will best accomplish the purposes of the general sentencing
provisions in that particular case.
3. The determination by the attorney for the State under this section is not^ubiecLtQ
judicial review. For a person who is chareed with and adjudicated as havine committed a
civil violation under this section, a penalty of not more than $ 1,000 may be adiudeed. The
COMMITTEE AMENDMENT
^db
COMMITTEE AMENDMENT "/-T"
)<=>
COMMITTEE AMENDMENT "/-T" to H.P. 794, L.D. 1189
court shall inform the Secretary of State of any Class E crime under Title 29-A. mcludmg
the relevant statutory section. that was reduced to a civiLviolationwhen a person is
adjudicated of a civil violation under this section
4. If the attorney for the State elects to charge a defendant with a civil violation instead
of a Class E crime under Title 29-A and the defendant is adjudicated as having committed
the civil violation, the court shall include in the abstract transmitted pursuant to Title 29-A.
section 2607 information on the Class E crime, mcludine the statutory citatJQn^^^
attorney for the State elected not to charge,
Sec. 2. Appropriations and allocations. The following appropriations and
allocations are made.
JUDICIAL DEPARTMENT
Courts - Supreme, Superior and District 0063
Initiative: Provides one-time funding associated with programming costs.
GENERAL FUND . 2025-26 2026-27
All Other $3,900 $0
GENERAL FUND TOTAL $3,900 $0
Sec. 3. Effective date. This Act takes effect January 1,2026.'
Amend the bill by relettertng or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment strikes the provision of the bill prohibiting a person from being
arrested or detained for a civil violation. The amendment also adds exceptions to Class E
crimes that the attorney for the State may charge as a civil violation. Finally, this
amendment requires the court to inform the Secretary of State of any Class E crime
involving motor vehicles that the attorney for the State elected to charge as a civil violation
if the defendant is adjudicated as having committed the civil violation.
The amendment adds an appropriations and allocations section and an effective date of
January 1,2026.
FISCAL NOTE REQNRED
(See attached)
COMMITTEE AMENDMENT
Approved; 05/28/25 t'KI-
f
LD 1189 LR 2074(02)
An Act to Prohibit Arrest and Detention for Civil Violations and Require an Attorney for the State to
Determine Whether to Charge a Class E Offense as a Civil Violation
Fiscal Note for Bill as Amended by Committee Amendment ^( ^\^
Committee: Judiciary
Fiscal Note Required; Yes
Fiscal Note
Projections Projections
FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29
Net Cost (Savings)
General Fund $3,900 $0 $0 $0
Appropriations/Allocations
General Fund $3,900 $0 $0 $0
Fiscal Detail and Notes
This bill provides a one-time General Fund appropriation of $3,900 in fiscal year 2025-26 to the Judicial Branch for
• costs associated with programming the Maine Judicial Information System.
Any additional costs to the Office of the Attorney General and the Department of Secretary of State to implement the
provisions of this bill are expected to be minor and can be absorbed within existing budgeted resources.
LR2074(02) - Fiscal Note - Page 1 of 1