An Act Regarding Speedy Trials
Maine Legislature, Session 132, LD 0340
Sponsors: MOONEN, CARNEY, FECTEAU
Amends: 17-A MRSA §2102, 17-A MRSA §2110

Legislative Document
No. 340
H.P. 240
House of Representatives, February 3, 2025
An Act Regarding Speedy Trials
Received by the Clerk of the House on January 30, 2025.  Referred to the Committee on 
Judiciary pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative MOONEN of Portland.
Cosponsored by Senator CARNEY of Cumberland and
Representatives: Speaker FECTEAU of Biddeford, KUHN of Falmouth, LEE of Auburn, 
PUGH of Portland, SATO of Gorham, SINCLAIR of Bath, Senator: TALBOT ROSS of 
Cumberland.
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.  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, 2027; maximum time period before trial.  For any 
complaint, indictment or information filed on or after January 1, 2027 and before January 
1, 2029, 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 determined by the highest sentencing classification 
assigned to any count charged.
2. Beginning January 1, 2029; maximum time period before trial.  For any 
complaint, indictment or information filed on or after January 1, 2029 and before January 
1, 2031, 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 determined by the highest sentencing classification 
assigned to any count charged.
3. Beginning January 1, 2031; maximum time period before trial.  For any 
complaint, indictment or information filed on or after January 1, 2031, 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 1, 2 and 3:
A. Any trial or other court proceedings related to other charges against the defendant;
B. The absence or unavailability of the defendant;
C. Any proceedings relating to the extradition and transportation of the defendant from 
another jurisdiction under Title 15, chapter 9;
D. 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 11B or succeeding rule;
E. Any proceedings relating to a change of venue under the Maine Rules of Unified 
Criminal Procedure, Rule 21 or succeeding rule;
F. A reasonable 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 court's discretion;
G. 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;
H. Any proceeding, including any examination, to evaluate the mental competency, 
abnormal condition of the mind, criminal responsibility or physical capacity of the 
defendant;
I. The time during which the defendant is mentally incompetent or physically unable 
to stand trial;
J. A period not to exceed 60 days during which any motion or request concerning the 
defendant is under advisement by the court after considering written or oral argument 
on the motion from the parties;
K. A continuance granted at the defendant's request. Before requesting a continuance, 
the defense attorney for a defendant shall inform the court that the attorney 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 attorney, 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; 
L. An enlargement of time granted at the defendant's request or with the defendant's 
consent pursuant to section 1494;
M. 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; and
N. An interlocutory appeal.
5. Effect of mistrial or order of new trial.  If the court 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 Court 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 court 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 court, for good cause, may grant a motion to 
enlarge the applicable maximum time period before trial under section 1492.  A court may 
not grant a motion for enlargement of time under this section unless the court 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 court 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;
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 of time 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.
2.  Consideration of certain factors prohibited. A court may not consider either the 
general congestion of the court's calendar or lack of diligent preparation on the part 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 court, acting sua 
sponte, may raise the issue of noncompliance with the applicable time limit established by 
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 court 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 court 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 court considers relevant.
Sec. 2.  17-A MRSA §2102, sub-§1, ¶F-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 correctional facility at 
which a defendant was detained prior to sentencing on the relevant charges; and
Sec. 3.  17-A MRSA §2102, sub-§1, ¶F-3 is enacted to read:
F-3.  The time and place of any hearing under Title 15, section 1495, subsection 2 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.
SUMMARY
This bill establishes the Maine Speedy Trial Act. The Act establishes different time 
limits for the commencement of a defendant's criminal trial depending on when the 
complaint, indictment or information was filed and what class of crime the defendant is 
charged with. The Act also provides a time limit for the commencement of a new trial 
following a mistrial or order for a new trial. A defendant may waive the right to a speedy 
trial under the Act after the defendant has been advised of the defendant's rights with 
respect to the Act by the court. 
The Act also establishes several reasons for delay, which are excluded in computing 
the time limits for the commencement of trial; factors the court may consider when granting 
a motion to enlarge the maximum time period before commencement of trial; and remedies 
available to the defendant when the time limits established by the Act are not complied 
with. 
Upon motion by the defendant, the court must dismiss the case either with or without 
prejudice if it finds that the defendant's trial did not commence within the applicable time 
limit or any enlargement of that limit. Any victim of the crime for which the defendant is 
charged must be notified of any hearing to determine whether the defendant's rights under 
the Act have been violated, and that victim may object to the dismissal of charges and may 
be heard by the court at the time of that hearing.