An Act to Implement the Recommendation of the Maine
Maine Legislature, Session 132, LD 1817
Committee: Judiciary
Amends: 15 MRSA §1023, 15 MRSA §1026, 15 MRSA §1092, 15 MRSA §6203, 17-A MRSA §15, 17-A MRSA §207-A, 17-A MRSA §209-A, 17-A MRSA §210-B, 17-A MRSA §210-C, 17-A MRSA §211-A, 17-A MRSA §1802, 25 MRSA §6001

Legislative Document
No. 1817
S.P. 709
In Senate, April 29, 2025
An Act to Implement the Recommendation of the Maine 
Commission on Public Defense Services to Eliminate the Crime of 
Violation of Condition of Release
Reported by Senator CARNEY of Cumberland for the Joint Standing Committee on 
Judiciary pursuant to the Maine Revised Statutes, Title 4, section 1804, subsection 3, paragraph 
H.
Reference to the Committee on Judiciary suggested and ordered printed pursuant to Joint 
Rule 218.
DAREK M. GRANT
Secretary of the Senate
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  15 MRSA §1023, sub-§4, ¶D, as amended by PL 2015, c. 436, §1, is 
repealed.
Sec. 2.  15 MRSA §1026, sub-§3, ¶B-1, as amended by PL 2023, c. 405, Pt. E, §§1 
and 2, is further amended by repealing subparagraph (3).
Sec. 3.  15 MRSA §1026, sub-§3, ¶B-1, as amended by PL 2023, c. 405, Pt. E, 
§§1and 2, is further amended by amending subparagraph (4) to read:
(4)  That is a violation of a condition of release premised on an allegation of 
represents new criminal conduct committed while the person was released on 
preconviction or post-conviction bail;
Sec. 4.  15 MRSA §1092, as amended by PL 2023, c. 293, §1, is repealed.
Sec. 5.  15 MRSA §6203, sub-§1, ¶C, as enacted by PL 2023, c. 199, §1, is 
amended to read:
C.  To prosecute a survivor for any crime of failure to appear, or failure to report or 
violation of condition of release under sections section 1091, or 1091‑A and 1092, 
respectively;
Sec. 6.  15 MRSA §6203, sub-§2, ¶C, as enacted by PL 2023, c. 199, §1, is 
amended to read:
C.  Any crime of failure to appear, or failure to report or violation of condition of 
release under sections section 1091, or 1091‑A or 1092, respectively;
Sec. 7.  17-A MRSA §15, sub-§1, ¶A, as amended by PL 2023, c. 465, §1, is further 
amended by repealing subparagraph (10).
Sec. 8.  17-A MRSA §207-A, sub-§1, ¶B, as amended by PL 2023, c. 465, §3, is 
further amended by amending subparagraph (3) to read:
(3)  Has one or more prior convictions for violating former Title 15, section 1092, 
subsection 1, paragraph B when the condition of release violated is specified in 
Title 15, section 1026, subsection 3, paragraph A, subparagraph (5) or (8) when 
the alleged victim in the case for which the defendant was on bail was a family or 
household member as defined in Title 19‑A, section 4102, subsection 6 or a dating 
partner as defined in Title 19‑A, section 4102, subsection 4; or
Sec. 9.  17-A MRSA §209-A, sub-§1, ¶B, as amended by PL 2023, c. 465, §8, is 
further amended by amending subparagraph (3) to read:
(3)  Has one or more prior convictions for violating former Title 15, section 1092, 
subsection 1, paragraph B when the condition of release violated is specified in 
Title 15, section 1026, subsection 3, paragraph A, subparagraph (5) or (8) when 
the alleged victim in the case for which the defendant was on bail was a family or 
household member as defined in Title 19‑A, section 4102, subsection 6 or a dating 
partner as defined in Title 19‑A, section 4102, subsection 4; or
Sec. 10.  17-A MRSA §210-B, sub-§1, ¶B, as amended by PL 2023, c. 465, §10, 
is further amended by amending subparagraph (3) to read:
(3)  Has one or more prior convictions for violating former Title 15, section 1092, 
subsection 1, paragraph B when the condition of release violated is specified in 
Title 15, section 1026, subsection 3, paragraph A, subparagraph (5) or (8) when 
the alleged victim in the case for which the defendant was on bail was a family or 
household member as defined in Title 19‑A, section 4102, subsection 6 or a dating 
partner as defined in Title 19‑A, section 4102, subsection 4; or
Sec. 11.  17-A MRSA §210-C, sub-§1, ¶B, as amended by PL 2023, c. 465, §12, 
is further amended by amending subparagraph (3) to read:
(3)  Has one or more prior convictions for violating former Title 15, section 1092, 
subsection 1, paragraph B when the condition of release violated is specified in 
Title 15, section 1026, subsection 3, paragraph A, subparagraph (5) or (8) when 
the alleged victim in the case for which the defendant was on bail was a family or 
household member as defined in Title 19‑A, section 4102, subsection 6 or a dating 
partner as defined in Title 19-A, section 4102, subsection 4; or
Sec. 12.  17-A MRSA §211-A, sub-§1, ¶B, as amended by PL 2023, c. 465, §14, 
is further amended by amending subparagraph (3) to read:
(3)  Has one or more prior convictions for violating former Title 15, section 1092, 
subsection 1, paragraph B when the condition of release violated is specified in 
Title 15, section 1026, subsection 3, paragraph A, subparagraph (5) or (8) when 
the alleged victim in the case for which the defendant was on bail was a family or 
household member as defined in Title 19‑A, section 4102, subsection 6 or a dating 
partner as defined in Title 19‑A, section 4102, subsection 4; or
Sec. 13.  17-A MRSA §1802, sub-§1, ¶B, as amended by PL 2021, c. 447, §4 and 
c. 647, Pt. B, §38 and affected by §65, is further amended by amending subparagraph (9) 
to read:
(9)  A Class D or Class E crime under Title 29‑A, section 2411, subsection 1‑A, 
paragraph B; or
Sec. 14.  17-A MRSA §1802, sub-§1, ¶B, as amended by PL 2021, c. 447, §4 and 
c. 647, Pt. B, §38 and affected by §65, is further amended by amending subparagraph (10) 
to read:
(10)  A Class D crime under Title 17, section 1031; or
Sec. 15.  17-A MRSA §1802, sub-§1, ¶B, as amended by PL 2021, c. 447, §4 and 
c. 647, Pt. B, §38 and affected by §65, is further amended by repealing subparagraph (11).
Sec. 16.  25 MRSA §6001, sub-§1, ¶I, as enacted by PL 2021, c. 394, §1, is 
amended by amending subparagraph (1), division (b) to read:
(b)  Is a Class D or Class E crime under the laws of this State that is a violation 
of Title 17‑A, chapter 9, 11, 12, 13 or 35; Title 15, section 1092, if the violation 
is based on a condition under Title 15, section 1026, subsection 3, paragraph 
A, subparagraph (5) or (8); or Title 19‑A, section 4011; or
SUMMARY
This bill is reported out by the Joint Standing Committee on Judiciary to implement a 
recommendation of the Maine Commission on Public Defense Services.  The committee 
has not taken a position on the substance of this bill.  By reporting this bill out, the 
committee is not suggesting and does not intend to suggest that it agrees or disagrees with 
any aspect of this bill; instead, the committee is reporting the bill out for the sole purpose 
of having a bill printed that can be referred to the committee for an appropriate public 
hearing and subsequent processing in the normal course.  The committee is taking this 
action to ensure clarity and transparency in the legislative review of the proposals contained 
in the bill.
The bill repeals the provision of the Maine Bail Code making it a crime for a defendant 
to violate a condition of that defendant's release on preconviction or post-conviction bail.  
The bill does not, however, prevent a defendant from being charged with a crime, other 
than violation of conditional release, for criminal conduct that the defendant allegedly 
commits while on preconviction or post-conviction bail.  The bill does not prevent a court 
from revoking or modifying the defendant's preconviction or post-conviction bail on the 
basis of the bail violation.