reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105-A: MAINE BAIL CODE › Subchapter 5: ENFORCEMENT › Article 1: GENERAL PROVISIONS › 15 §1094-B. Improper contact with a family or household member prior to the setting of preconviction bail

§1094-B. Improper contact with a family or household member prior to the setting of preconviction bail
1.  Improper contact.
A person is guilty of improper contact with a family or household member prior to the setting of preconviction bail if:
A. The person is being detained as a result of the person's arrest for an offense specified in section 1023, subsection 4, paragraph B‑1;   [PL 2013, c. 478, §2 (NEW).]
B. Preconviction bail has not been set by a justice or judge;   [PL 2013, c. 478, §2 (NEW).]
C. The person is notified, in writing or otherwise, by the county jail staff or a law enforcement officer not to make direct or indirect contact with the specifically identified alleged victim of the offense for which the person is being detained;   [PL 2017, c. 66, §1 (AMD).]
D. The alleged victim is a family or household member of the person; and   [PL 2013, c. 478, §2 (NEW).]
E. After the notification specified in paragraph C, the person intentionally or knowingly makes direct or indirect contact with the specifically identified alleged victim.   [PL 2013, c. 478, §2 (NEW).]
As used in this subsection, "family or household member" has the same meaning as in Title 19‑A, section 4102, subsection 6.
[PL 2021, c. 647, Pt. B, §13 (AMD); PL 2021, c. 647, Pt. B, §65 (AFF).]
2.  Penalty.
Violation of this section is a Class D crime.
[PL 2013, c. 478, §2 (NEW).]
SECTION HISTORY
PL 2013, c. 478, §2 (NEW). PL 2017, c. 66, §1 (AMD). PL 2021, c. 647, Pt. B, §13 (AMD). PL 2021, c. 647, Pt. B, §65 (AFF).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105-A: MAINE BAIL CODE › Subchapter 5: ENFORCEMENT › Article 1: GENERAL PROVISIONS › 15 §1094-C. Improper contact with alleged murder victim's family or household member

§1094-C. Improper contact with alleged murder victim's family or household member
1.  Improper contact.
A person is guilty of improper contact with an alleged murder victim's family or household member if:
A. The person is being detained as a result of the person's arrest for the intentional or knowing murder of the alleged victim;   [PL 2017, c. 432, Pt. A, §2 (NEW).]
B. A Harnish bail proceeding:
(1) Has not yet taken place;
(2) Has been waived in open court by the person; or
(3) Has taken place and the person's conditional right to bail has been extinguished and bail has been denied by the court;   [PL 2017, c. 432, Pt. A, §2 (NEW).]
C. The person:
(1) In the circumstance specified in paragraph B, subparagraph (1) is notified, in writing or otherwise, by the detaining county jail, correctional facility or mental health institute staff not to make direct or indirect contact with any specifically identified family or household member of the alleged victim of the crime for which the person is being detained; or
(2) In the circumstance specified in paragraph B, subparagraph (2) or (3) is notified on the record or in writing by the court not to make direct or indirect contact with any specifically identified family or household member of the alleged victim of the crime for which the person is being detained; and   [PL 2017, c. 432, Pt. A, §2 (NEW).]
D. After the notification specified in paragraph C, the person intentionally or knowingly makes direct or indirect contact with the specifically identified family or household member of the alleged victim of the crime for which the person is being detained.   [PL 2017, c. 432, Pt. A, §2 (NEW).]
As used in this subsection, "family or household member" has the same meaning as in Title 19‑A, section 4102, subsection 6, paragraphs A to E.
[PL 2021, c. 647, Pt. B, §14 (AMD); PL 2021, c. 647, Pt. B, §65 (AFF).]
2.  Penalty.
Violation of this section is a Class C crime.
[PL 2017, c. 432, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2017, c. 432, Pt. A, §2 (NEW). PL 2021, c. 647, Pt. B, §14 (AMD). PL 2021, c. 647, Pt. B, §65 (AFF).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105-A: MAINE BAIL CODE › Subchapter 5: ENFORCEMENT › Article 2: REVOCATION OF PRECONVICTION BAIL › 15 §1096. Grounds for revocation of preconviction bail

§1096. Grounds for revocation of preconviction bail
A preconviction bail order of a bail commissioner may be revoked by any judge or justice, and a preconviction bail order of a judge or justice may be revoked by any judge or justice of the same court, upon a determination made after notice and opportunity for hearing that:   [PL 2005, c. 449, §3 (AMD).]
1.  Probable cause.
Probable cause exists to believe that the defendant has committed a new crime following the setting of preconviction bail; or
[PL 1995, c. 356, §19 (NEW).]
2.  Clear and convincing evidence.
Clear and convincing evidence exists that the defendant has failed to appear as required or has violated any other condition of the preconviction bail.
[PL 1995, c. 356, §19 (NEW).]
SECTION HISTORY
PL 1995, c. 356, §19 (NEW). PL 2005, c. 449, §3 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105-A: MAINE BAIL CODE › Subchapter 5: ENFORCEMENT › Article 3: REVOCATION OF POST-CONVICTION BAIL › 15 §1098. Proceedings for revocation of post-conviction bail

§1098. Proceedings for revocation of post-conviction bail
1.  In general.
The attorney for the State, or the court on its own motion, may move for the revocation of a defendant's post-conviction bail based upon probable cause to believe that the defendant has failed to appear as required, has violated a condition of post-conviction bail or has been charged with a crime allegedly committed while released on post-conviction bail. The motion must set forth the essential facts underlying the alleged violation. If the defendant has not already been arrested pursuant to subsection 2, the clerk of the court shall issue, upon the request of the attorney for the State or by the direction of the court, a warrant for the defendant's arrest or, in lieu of a warrant if so directed, a summons ordering the defendant to appear for a court hearing on the alleged violation. The summons must include the signature of the attorney for the State or the court, the time and place of the alleged violation and the time, place and date the person is to appear in court. If the defendant can not be located with due diligence, a hearing on the motion for revocation must be heard in the defendant's absence.
[PL 1995, c. 356, §19 (NEW).]
2.  Arrest.
Prior to the filing of a motion to revoke a defendant's post-conviction bail under subsection 1, a law enforcement officer when requested by the attorney for the State, may arrest with a warrant, or without a warrant pursuant to Title 17-A, section 15, any defendant who the law enforcement officer has probable cause to believe has failed to appear as required, violated a condition of post-conviction bail or been charged with a crime allegedly committed while released on post-conviction bail. A defendant under arrest pursuant to this section must be brought before a judge or justice of the appropriate court. The judge or justice shall determine without hearing whether the existing post-conviction bail order should be modified or the defendant should be committed without bail pending the bail revocation hearing. A copy of the motion for revocation must be furnished to the defendant prior to the hearing on the alleged violation, unless the hearing must be conducted in the absence of the defendant.
[PL 2011, c. 341, §5 (AMD).]
SECTION HISTORY
PL 1995, c. 356, §19 (NEW). PL 2011, c. 341, §5 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105-A: MAINE BAIL CODE › Subchapter 5: ENFORCEMENT › Article 3: REVOCATION OF POST-CONVICTION BAIL › 15 §1099. Grounds for revocation of post-conviction bail

§1099. Grounds for revocation of post-conviction bail
An order of post-conviction bail entered by a judge or justice may be revoked by the judge or justice or, if that judge or justice is not available, by another judge or justice of the same court, upon determination made after notice and opportunity for hearing that:   [PL 1995, c. 356, §19 (NEW).]
1.  Crime charged.
The defendant has in fact been charged with a crime allegedly committed after post-conviction bail was set;
[PL 1995, c. 356, §19 (NEW).]
2.  Failure to appear.
The defendant has failed to appear as required or has violated a condition of post-conviction bail as demonstrated by a preponderance of the evidence; or
[PL 1995, c. 356, §19 (NEW).]
3.  Appeal for purposes of delay.
The defendant's appeal has been taken for the purpose of delay as demonstrated by a preponderance of the evidence.
[PL 1995, c. 356, §19 (NEW).]
SECTION HISTORY
PL 1995, c. 356, §19 (NEW).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105-A: MAINE BAIL CODE › Subchapter 5: ENFORCEMENT › Article 3: REVOCATION OF POST-CONVICTION BAIL › 15 §1099-A. Disposition after revocation of post-conviction bail

§1099-A. Disposition after revocation of post-conviction bail
1.  Held without bail.
The judge or justice shall order the defendant held without bail unless the judge or justice finds that under the facts of the case it would be unreasonable to do so, in which event the judge or justice shall issue an order under section 1051.
[PL 1995, c. 356, §19 (NEW).]
2.  Appeal.
A defendant in custody as a result of an order issued under this section may appeal to a single Justice of the Supreme Judicial Court who shall review the revocation pursuant to the procedures set forth in section 1051, subsection 5. The determination by the single justice is final and no further relief is available.
[PL 1999, c. 731, Pt. ZZZ, §14 (AMD); PL 1999, c. 731, Pt. ZZZ, §42 (AFF).]
SECTION HISTORY
PL 1995, c. 356, §19 (NEW). PL 1999, c. 731, §ZZZ14 (AMD). PL 1999, c. 731, §ZZZ42 (AFF).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105-A: MAINE BAIL CODE › Subchapter 6: MISCELLANEOUS › 15 §1101. Forms and rules

§1101. Forms and rules
The Supreme Judicial Court shall develop forms and adopt such rules as may be necessary to implement this chapter.   [PL 1987, c. 758, §20 (NEW).]
SECTION HISTORY
PL 1987, c. 758, §20 (NEW).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105-A: MAINE BAIL CODE › Subchapter 6: MISCELLANEOUS › 15 §1102. Detention of juveniles charged as adults (REPEALED)

§1102. Detention of juveniles charged as adults
(REPEALED)
SECTION HISTORY
PL 1987, c. 758, §20 (NEW). PL 1995, c. 65, §A44 (AMD). PL 1995, c. 65, §§A153,C15 (AFF). PL 2001, c. 667, §A31 (AMD). PL 2003, c. 180, §1 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105-A: MAINE BAIL CODE › Subchapter 6: MISCELLANEOUS › 15 §1103. Summary contempt proceeding involving a punitive sanction

§1103. Summary contempt proceeding involving a punitive sanction
The setting of bail for an alleged contemnor in a summary contempt proceeding involving a punitive sanction under the Maine Rules of Civil Procedure, Rule 66, including any appeal under section 2115‑B, is a matter wholly within the discretion of the court. Subchapters 4 and 5 apply.   [PL 2007, c. 552, §2 (AMD).]
SECTION HISTORY
PL 1997, c. 317, §A2 (NEW). PL 2007, c. 552, §2 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105-A: MAINE BAIL CODE › Subchapter 6: MISCELLANEOUS › 15 §1104. Material witness; arrest and bail

§1104. Material witness; arrest and bail
If it appears by affidavit that the testimony of a person is material in any criminal proceeding and if it is shown that it may become impracticable to secure the presence of that person by subpoena, the court may order the arrest of that person and may require that person to give bail for that person's appearance as a witness, utilizing the same standards for release as for a defendant preconviction bailable as of right under subchapter II. Subchapters IV and V also apply.   [PL 1997, c. 317, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 1997, c. 317, §A2 (NEW).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 105-A: MAINE BAIL CODE › Subchapter 6: MISCELLANEOUS › 15 §1105. Substance use disorder treatment program

§1105. Substance use disorder treatment program
As a condition of post-conviction release, the court may impose the condition of participation in a substance use disorder treatment program for a period not to exceed 24 months pursuant to Title 4, chapter 8. Upon request of the Department of Corrections, the court may require the defendant to pay a substance use testing fee as a requirement of participation in the substance use disorder treatment program. If at any time the court finds probable cause that a defendant released with a condition of participation in a substance use disorder treatment program has intentionally or knowingly violated any requirement of the defendant's participation in the substance use disorder treatment program, the court may suspend the order of bail for a period of up to 7 days for any such violation. The defendant must be given an opportunity to personally address the court prior to the suspension of an order of bail under this section. A period of suspension of bail is a period of detention under Title 17‑A, section 2305. This section does not restrict the ability of the court to take actions other than suspension of the order of bail for the violation of a condition of participation in a substance use disorder treatment program or the ability of the court to entertain a motion to revoke bail under section 1098 and enter any dispositional order allowed under section 1099‑A. If the court orders participation in a substance use disorder treatment program under this section, upon sentencing the court shall consider whether there has been compliance with the program.   [PL 2019, c. 113, Pt. C, §35 (AMD).]
SECTION HISTORY
PL 2001, c. 318, §1 (NEW). PL 2003, c. 205, §2 (AMD). PL 2017, c. 407, Pt. A, §53 (AMD). PL 2019, c. 113, Pt. C, §35 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 2: PROCEEDINGS BEFORE TRIAL › Chapter 107: CUSTODY AND EXAMINATION OF SEXUALLY EXPLICIT MATERIAL › 15 §1121. Limitations on examination of sexually explicit material

§1121. Limitations on examination of sexually explicit material
1.  Sexually explicit material.
For purposes of this section, "sexually explicit material" means the property or material described in Title 17‑A, chapter 12.
[PL 2011, c. 39, §1 (NEW).]
2.  Custody of sexually explicit material.
Sexually explicit material subject to a criminal investigation or proceeding must remain in the care, custody and control of the attorney for the State or the court. In any criminal proceeding the attorney for the State may not release to the defendant a copy, photograph, duplicate or any other reproduction of any sexually explicit material, as long as the attorney for the State makes the sexually explicit material reasonably available to the defendant.
[PL 2015, c. 431, §19 (AMD).]
3.  Reasonably available.
For purposes of this section, sexually explicit material is determined to be reasonably available to the defendant if the attorney for the State provides ample opportunity for inspection, viewing and examination of the sexually explicit material at a location within the control of the attorney for the State by the defendant, the defendant's attorney, the defendant's attorney's agent or any person whom the defendant may seek to qualify to furnish expert testimony at trial.
[PL 2011, c. 39, §1 (NEW).]
SECTION HISTORY
PL 2011, c. 39, §1 (NEW). PL 2015, c. 431, §19 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 3: TRIALS › Chapter 201: GENERAL PROVISIONS › 15 §1201. Power of court unaffected by existence or expiration of term

§1201. Power of court unaffected by existence or expiration of term
The existence or expiration of a term of court in no way affects the power of a court to act in a criminal proceeding.   [PL 1965, c. 356, §43 (RPR).]
SECTION HISTORY
PL 1965, c. 356, §43 (RPR).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 3: TRIALS › Chapter 201: GENERAL PROVISIONS › 15 §1202. Postponement or continuance

§1202. Postponement or continuance
The trial of any criminal case, except for a crime punishable by imprisonment for life, may be postponed by the court to a future day of the same term, or the jury may be discharged therefrom and the case continued, if justice will thereby be promoted.
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 3: TRIALS › Chapter 201: GENERAL PROVISIONS › 15 §1203. Trial to proceed when dilatory pleas overruled (REPEALED)

§1203. Trial to proceed when dilatory pleas overruled
(REPEALED)
SECTION HISTORY
PL 1965, c. 356, §44 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 3: TRIALS › Chapter 201: GENERAL PROVISIONS › 15 §1204. Respondent present at felony trial; otherwise excused (REPEALED)

§1204. Respondent present at felony trial; otherwise excused
(REPEALED)
SECTION HISTORY
PL 1965, c. 356, §44 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 3: TRIALS › Chapter 201: GENERAL PROVISIONS › 15 §1205. Certain out-of-court statements made by minors or persons with developmental disabilities describing sexual contact

§1205. Certain out-of-court statements made by minors or persons with developmental disabilities describing sexual contact
A hearsay statement made by a person under the age of 16 years or a person with a developmental disability as defined in Title 5, section 19503, subsection 3, describing any incident involving a sexual act or sexual contact performed with or on the minor or person by another, may not be excluded as evidence in criminal proceedings in courts of this State if:   [PL 2005, c. 557, §1 (AMD).]
1.  Mental or physical well-being of a person.
On motion of the attorney for the State and at an in camera hearing, the court finds that the mental or physical well-being of that person will more likely than not be harmed if that person were to testify in open court; and
[PL 1985, c. 495, §1 (RPR).]
2.  Examination and cross-examination.
Pursuant to order of court made on such a motion, the statement is made under oath, subject to all of the rights of confrontation secured to an accused by the Constitution of Maine or the United States Constitution and the statement has been recorded by any means approved by the court, and is made in the presence of a judge or justice.
[PL 1985, c. 495, §1 (RPR).]
SECTION HISTORY
PL 1983, c. 411 (NEW). PL 1985, c. 495, §1 (AMD). PL 1987, c. 564 (AMD). PL 1989, c. 401, §B1 (AMD). PL 2005, c. 557, §1 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 3: TRIALS › Chapter 203: JURIES › 15 §1251. List of grand jurors

§1251. List of grand jurors
Prior to the commencement of each term of the court to which grand jurors are returned, in any county, the clerk of the court shall make out from the returns on the venires an alphabetical list of such jurors.
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 3: TRIALS › Chapter 203: JURIES › 15 §1252. Oaths

§1252. Oaths
When the grand jury is to be impaneled, the clerk shall call the first 2 persons named on the list and administer the following oath to them: "You, as grand jurors of this County of .........., solemnly swear that you will diligently inquire and true presentment make of all matters and things given you in charge. The state's counsel, your fellows' and your own, you shall keep secret. You shall present no man for envy, hatred or malice; nor leave any man unpresented for love, fear, favor, affection or hope of reward; but you shall present things truly as they come to your knowledge, according to the best of your understanding. So help you God." The other jurors shall then be called, in such divisions as the court orders and the following oath shall be administered to them: "The same oath which your fellows have taken on their part, you and each of you on your part shall well and truly observe and keep. So help you God."
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 3: TRIALS › Chapter 203: JURIES › 15 §1253. Affirmations

§1253. Affirmations
When any person returned as grand juror is conscientiously scrupulous of taking an oath, he may make affirmation, substituting the word "affirm" instead of "swear" and the words "This you do under the pains and penalties of perjury" instead of "So help you God."
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 3: TRIALS › Chapter 203: JURIES › 15 §1254. Juror's oath or affirmation in cases punishable by imprisonment

§1254. Juror's oath or affirmation in cases punishable by imprisonment
The following oath shall be administered to jurors in criminal cases: "You swear, that in all causes committed to you, you will give a true verdict therein, according to the law and evidence given you. So help you God." Any juror, conscientiously scrupulous of taking an oath, may affirm in the mode described in section 1253.   [PL 1979, c. 541, Pt. B, §21 (AMD).]
SECTION HISTORY
PL 1977, c. 114, §27 (RPR). PL 1979, c. 541, §B21 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 3: TRIALS › Chapter 203: JURIES › 15 §1255-A. Grand jury territorial authority to indict for crimes

§1255-A. Grand jury territorial authority to indict for crimes
1.  General rule.
Grand jury territorial authority to indict for crimes coming within the jurisdiction of the Superior Court must be exercised by the grand jury serving the county where the crime was committed.
[PL 2007, c. 526, §1 (NEW).]
2.  Exceptions.
The following are exceptions to subsection 1.
A. If the Chief Justice of the Supreme Judicial Court creates judicial regions for venue purposes pursuant to Title 4, section 19, each grand jury in a multicounty judicial region may share authority to indict for crimes committed in that judicial region.   [PL 2007, c. 526, §1 (NEW).]
B. Grand jury territorial authority to indict for crimes may also be exercised as otherwise provided by law.   [PL 2007, c. 526, §1 (NEW).]
[PL 2007, c. 526, §1 (NEW).]
3.  Administration.
The Supreme Judicial Court shall establish by rule or administrative order how and to what extent the shared authority of each grand jury in a multicounty judicial region to indict under subsection 2 may be exercised.
[PL 2007, c. 526, §1 (NEW).]
SECTION HISTORY
PL 2007, c. 526, §1 (NEW).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 3: TRIALS › Chapter 203: JURIES › 15 §1256. Grand jury to present all crimes

§1256. Grand jury to present all crimes
Grand juries shall present all crimes for which by law they are given territorial authority to indict, and may appoint one of their number to take minutes of their proceedings to be delivered to the attorney, if the jury so directs. When they are dismissed before the court adjourns, they may be summoned again, on any special occasion, at such time as the court directs. Evidence may be offered to the grand jury by the Attorney General, the district attorney, the assistant district attorney and, at the discretion of the presiding justice, by such other persons as said presiding justice may permit.   [PL 2007, c. 526, §2 (AMD).]
SECTION HISTORY
PL 1973, c. 567, §20 (AMD). PL 2007, c. 526, §2 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 3: TRIALS › Chapter 203: JURIES › 15 §1258. Juries for criminal offenses; challenges

§1258. Juries for criminal offenses; challenges
When a person charged with a criminal offense, who has not waived his right to trial by jury, is put upon his trial, the clerk, under the direction of the court, shall place the names of all the traverse jurors summoned and in attendance in a box upon separate tickets, and the names, after being mixed, shall be drawn from the box by the clerk, one at a time. The Supreme Judicial Court shall by rule provide the manner of exercising all challenges, and the number and order of peremptory challenges.   [PL 1965, c. 482, §1 (AMD).]
Whenever by reason of the prospective length of a criminal trial the court in its discretion shall deem it advisable, it may direct that jurors in addition to the regular panel be called and impanelled to sit as alternate jurors. Such alternate jurors in the order in which they are called shall replace jurors who, prior to the time the jury retires to consider its verdict, become unable or disqualified to perform their duties. Such alternate jurors shall be drawn in the same manner, shall have the same qualifications, shall be subject to the same examination and challenges, shall take the same oath and shall have the same functions, powers, facilities and privileges and be subject to the same obligations and penalties as jurors on the regular panel. An alternate juror who does not replace a juror on the regular panel shall be discharged when the jury retires to consider its verdict. The Supreme Judicial Court shall by rule provide the number of alternate jurors, the manner of exercising all challenges to alternate jurors, and the order and number of peremptory challenges to alternate jurors.   [PL 1965, c. 356, §47 (RPR).]
SECTION HISTORY
PL 1965, c. 356, §47 (RPR). PL 1965, c. 482, §1 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 3: TRIALS › Chapter 203: JURIES › 15 §1258-A. Voir dire

§1258-A. Voir dire
Any rule of court or statute to the contrary notwithstanding, the court shall permit voir dire examination to be conducted by the parties or their attorneys under its direction.   [PL 1965, c. 482, §2 (NEW).]
SECTION HISTORY
PL 1965, c. 482, §2 (NEW).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 3: TRIALS › Chapter 203: JURIES › 15 §1259. Challenges for cause

§1259. Challenges for cause
Challenges for cause shall be allowed to the prosecuting officer and the accused as in civil cases, but no member of a grand jury finding an indictment shall sit on the trial thereof, if challenged therefor by the accused.   [PL 1965, c. 356, §48 (RPR).]
SECTION HISTORY
PL 1965, c. 356, §48 (RPR).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 3: TRIALS › Chapter 205: WITNESSES › Subchapter 1: GENERAL PROVISIONS › 15 §1311. Recognizance of witnesses (REPEALED)

§1311. Recognizance of witnesses
(REPEALED)
SECTION HISTORY
PL 1965, c. 356, §49 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 3: TRIALS › Chapter 205: WITNESSES › Subchapter 1: GENERAL PROVISIONS › 15 §1312. No fees to state witnesses

§1312. No fees to state witnesses
No costs shall be taxed for witnesses before the grand jury in a case where no bill is found nor in complaints against towns for defect of road, unless they were admitted to bail so to attend or were subpoenaed by order of the grand jury or at the request of the prosecuting officer; nor is it necessary to tender fees to witnesses subpoenaed in behalf of the State.   [PL 1965, c. 356, §50 (AMD).]
SECTION HISTORY
PL 1965, c. 356, §50 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 3: TRIALS › Chapter 205: WITNESSES › Subchapter 1: GENERAL PROVISIONS › 15 §1313. Punishment of state witness for nonattendance

§1313. Punishment of state witness for nonattendance
Whoever, having been subpoenaed as a witness in behalf of the State before any court or grand jury, without reasonable cause fails to appear at the time and place designated in the subpoena, if he is not punished therefor as for contempt, is guilty of a Class E crime.   [PL 1979, c. 663, §105 (AMD).]
SECTION HISTORY
PL 1965, c. 356, §51 (AMD). PL 1979, c. 663, §105 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 3: TRIALS › Chapter 205: WITNESSES › Subchapter 1: GENERAL PROVISIONS › 15 §1314. No witness fees until 2nd or 3rd day in continued cases

§1314. No witness fees until 2nd or 3rd day in continued cases
No fees in criminal cases continued after the first term shall be allowed to witnesses on the part of the State until the 2nd day of the term in Hancock, Oxford, Franklin, Piscataquis and Aroostook; nor until the 3rd day in any other county, unless they were summoned at an earlier day. In all criminal cases, previous to the determination thereof, the court may allow such costs for justices, officers, aids, jurors and witnesses, as are provided by law, to be paid from the county treasury; but no court or judge shall allow any charge for aid or other expenses of the officer in serving a warrant, except his stated fees for service and travel unless, on his examination upon oath or on other evidence, they find such additional charges reasonable.
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 3: TRIALS › Chapter 205: WITNESSES › Subchapter 1: GENERAL PROVISIONS › 15 §1314-A. Compelling evidence in criminal or juvenile proceedings; immunity

§1314-A. Compelling evidence in criminal or juvenile proceedings; immunity
In any criminal proceeding before a court or grand jury, or in any juvenile proceeding before a court, if a person refuses to answer questions or produce evidence of any kind on the ground that the person may be incriminated thereby, and if the attorney for the State, in writing and with the written approval of the Attorney General or, in the event the prosecution is being conducted by the office of the district attorney, the written approval of either the Attorney General or the district attorney for that district, requests the court to order that person to answer the questions or produce the evidence, and the court after notice to the witness and hearing orders, unless the court finds to do so would be clearly contrary to the public interest, that person shall comply with the order. After complying, and if, but for this section, that person would have had the right to withhold the answers given or the evidence produced by that person, that person may not be prosecuted or subjected to penalty, forfeiture or adjudication for or on account of any transaction, matter or thing concerning which, in accordance with the order, that person gave answer or produced evidence. Failure to answer questions or produce evidence as ordered by the court following notice and hearing constitutes contempt of court. The person may nevertheless be prosecuted or subjected to penalty, forfeiture or adjudication for any perjury, false swearing or contempt committed in answering, or failing to answer, or in producing or failing to produce evidence, in accordance with the order.   [PL 2003, c. 162, §1 (AMD).]
SECTION HISTORY
PL 1967, c. 526 (NEW). PL 1985, c. 386, §1 (AMD). PL 2003, c. 162, §1 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 3: TRIALS › Chapter 205: WITNESSES › Subchapter 1: GENERAL PROVISIONS › 15 §1315. Self-incrimination; failure to testify; husband or wife as witness

§1315. Self-incrimination; failure to testify; husband or wife as witness
In all criminal trials, the accused shall, at his own request but not otherwise, be a competent witness. He shall not be compelled to testify on cross-examination to facts that would convict, or furnish evidence to convict him of any other crime than that for which he is on trial. The fact that he does not testify in his own behalf shall not be taken as evidence of his guilt. The husband or wife of the accused is a competent witness except in regard to marital communications.   [PL 1969, c. 333 (AMD).]
SECTION HISTORY
PL 1969, c. 333 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 3: TRIALS › Chapter 205: WITNESSES › Subchapter 1: GENERAL PROVISIONS › 15 §1316. Depositions (REPEALED)

§1316. Depositions
(REPEALED)
SECTION HISTORY
PL 1965, c. 356, §52 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 3: TRIALS › Chapter 205: WITNESSES › Subchapter 1: GENERAL PROVISIONS › 15 §1317. List of witnesses

§1317. List of witnesses
The Attorney General, district attorney or foreperson of the grand jury shall swear or affirm, in presence of the jury, all witnesses who are to testify before them, and a list thereof, stating the cases in which they testify, must be returned into the court by the foreperson before the jury is discharged and filed and entered on record by the clerk. The clerk may not make such list public until the criminal cases at such terms have been tried or otherwise disposed of.   [PL 2003, c. 299, §3 (AMD).]
SECTION HISTORY
PL 1973, c. 567, §20 (AMD). PL 2003, c. 299, §3 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 3: TRIALS › Chapter 205: WITNESSES › Subchapter 1: GENERAL PROVISIONS › 15 §1318. Prosecuting attorneys

§1318. Prosecuting attorneys
For purposes of this chapter, the term "prosecuting attorney" means:   [PL 1979, c. 663, §106 (AMD).]
1.  Attorney General.
"Attorney General" where a criminal prosecution is brought by the Attorney General; and
[PL 1975, c. 775, §1 (NEW).]
2.  District Attorney.
"District Attorney" where a criminal prosecution is brought by a District Attorney.
[PL 1975, c. 775, §1 (NEW).]
SECTION HISTORY
PL 1975, c. 775, §1 (NEW). PL 1979, c. 663, §106 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 3: TRIALS › Chapter 205: WITNESSES › Subchapter 1: GENERAL PROVISIONS › 15 §1319. Authorization of payments by a prosecuting attorney

§1319. Authorization of payments by a prosecuting attorney
For purposes of this chapter, when a prosecuting attorney is permitted to authorize payment of fees or expenses incurred on behalf of the State in a criminal prosecution, payment of those fees and expenses must be made by the proper authorities to the persons, municipalities or agencies to whom the payment is authorized upon certification to those authorities by the prosecuting attorney or the prosecuting attorney's designee that the payment is reasonable and necessary to the prosecution of a given criminal case. Payment may be made from the Extradition and Prosecution Expenses Account established in section 224‑A.   [PL 2013, c. 566, §4 (AMD).]
SECTION HISTORY
PL 1975, c. 775, §1 (NEW). PL 2013, c. 566, §4 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 3: TRIALS › Chapter 205: WITNESSES › Subchapter 1: GENERAL PROVISIONS › 15 §1320. Authorization of payment of witness fees of state witnesses in criminal prosecutions

§1320. Authorization of payment of witness fees of state witnesses in criminal prosecutions
In all criminal prosecutions in the Superior Court, payment of witness fees for state witnesses, fees and expenses payable on account of the services of police officers as witnesses and as complainants, and fees and expenses payable on account of the services of police officers in serving criminal process shall be made upon authorization by the prosecuting attorney or his designee. The amount of the fees and expenses shall be determined in accordance with these statutes.   [PL 1975, c. 775, §1 (NEW).]
1.  Payments.
Payments made under this section must be made first from the Extradition and Prosecution Expenses Account established in section 224‑A and, if there are insufficient funds in that account, next from the county treasury upon authorization of the prosecuting attorney, unless otherwise expressly directed by law. Payments from the county treasury must be made from the sums set aside in the county budget for the payments on account of Superior Court criminal proceedings.
[PL 2013, c. 566, §5 (AMD).]
2.  Expenditures.
In fixing the amount of direct expenditures by the counties in calendar year 1975 for the support of the Superior Court pursuant to Title 4, section 118, the Treasurer of State shall not consider sums expended in criminal prosecutions in the Superior Court on account of witness fees for state witnesses, fees and expenses payable on account of the services of police officers as witnesses and as complainants, and fees and expenses payable on account of the services of police officers in serving criminal process.
[PL 1975, c. 775, §1 (NEW).]
SECTION HISTORY
PL 1975, c. 775, §1 (NEW). PL 1977, c. 63 (AMD). PL 2013, c. 566, §5 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 3: TRIALS › Chapter 205: WITNESSES › Subchapter 1: GENERAL PROVISIONS › 15 §1321. Child witnesses in certain sex crime cases

§1321. Child witnesses in certain sex crime cases
1.  Testimony of a child outside the presence of the defendant.
Upon motion by the State prior to trial and with reasonable notice to the defendant, a court may allow a child who is 14 years of age or younger to testify outside the presence of the defendant pursuant to this section in a criminal proceeding concerning a crime under Title 17‑A, chapter 11 or 12 in which the child is the alleged victim.
[PL 2021, c. 395, §1 (NEW).]
2.  Requirements for direct testimony outside the presence of the defendant.
Direct testimony of a child outside the presence of the defendant under subsection 1 must meet the following requirements:
A. The testimony must be conducted by way of 2-way closed-circuit television or other audiovisual electronic means;   [PL 2021, c. 395, §1 (NEW).]
B. The testimony must occur at a recognized children's advocacy center with only a victim or witness advocate present in the room in which the child is testifying;   [PL 2021, c. 395, §1 (NEW).]
C. The opportunity for real-time cross-examination of the child must be provided to the defendant's attorney after the child's direct testimony; and   [PL 2021, c. 395, §1 (NEW).]
D. The defendant must be able to observe the testimony of the child while the child is testifying and must be able to communicate with the defendant's attorney while the child is testifying.   [PL 2021, c. 395, §1 (NEW).]
[PL 2021, c. 395, §1 (NEW).]
3.  Exception.
This section does not apply if the defendant is an attorney pro se or if the positive identification of the defendant is required.
[PL 2021, c. 395, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 395, §1 (NEW).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 3: TRIALS › Chapter 205: WITNESSES › Subchapter 2: COSTS AND FEES › 15 §1361. Summons to witnesses (REPEALED)

§1361. Summons to witnesses
(REPEALED)
SECTION HISTORY
PL 1965, c. 356, §53 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 3: TRIALS › Chapter 205: WITNESSES › Subchapter 2: COSTS AND FEES › 15 §1362. Costs and fees for complainants

§1362. Costs and fees for complainants
No costs shall be allowed by such judge to complainants in any capacity; but this shall not prevent the allowance of their fees as officers to police officers and constables or for their municipalities when such police officers or constables are paid a salary or are paid upon a per diem basis by such municipalities and such officers or constables complain under authority of their municipalities or it is made their duty to do so. No witness shall be allowed in a criminal case for more than one travel, or for travel and attendance in more than one case at the same time before any judicial tribunal.
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 3: TRIALS › Chapter 205: WITNESSES › Subchapter 2: COSTS AND FEES › 15 §1363. Limitation of costs and fees in criminal cases

§1363. Limitation of costs and fees in criminal cases
No complainant or witness shall be allowed fees, travel and attendance in a criminal case for more than one complaint on any one day when there are other complaints against the same respondent arising out of the same transaction before any judicial tribunal.
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 3: TRIALS › Chapter 205: WITNESSES › Subchapter 3: OUT-OF-STATE WITNESSES › 15 §1412. Definitions

§1412. Definitions
As used in this subchapter, the following words shall have the following meanings:
1.  State.
"State" shall include any territory of the United States and District of Columbia.
2.  Summons.
"Summons" shall include a subpoena, order or other notice requiring the appearance of a witness.
3.  Witness.
"Witness" shall include a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding.
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 3: TRIALS › Chapter 205: WITNESSES › Subchapter 3: OUT-OF-STATE WITNESSES › 15 §1413. Summons to testify in another state

§1413. Summons to testify in another state
If a judge of a court of record in any state, which by its laws has made provision for commanding persons within that state to attend and testify in this State, certifies under the seal of such court that there is a criminal prosecution pending in such court or that a grand jury investigation has commenced or is about to commence, that a person being within this State is a material witness in such prosecution or grand jury investigation and that his presence will be required for a specified number of days, upon presentation of such certificate to any judge of a court of record in the county in which such person is, such judge shall fix a time and place for a hearing and shall make an order directing the witness to appear at a time and place certain for the hearing.
If at a hearing the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or a grand jury investigation in the other state, and that the laws of the state in which the prosecution is pending, or grand jury investigation has commenced or is about to commence, and of any other state through which the witness may be required to pass by ordinary course of travel, will give to him protection from arrest and the service of civil and criminal process, he shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending or where a grand jury investigation has commenced or is about to commence at a time and place specified in the summons. In any such hearing the certificate shall be prima facie evidence of all the facts stated therein.
If said certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure his attendance in the requesting state, such judge may, in lieu of notification of the hearing, direct that such witness be forthwith brought before him for said hearing. The judge at the hearing being satisfied of the desirability of such custody and delivery, for which determination the certificate shall be prima facie proof of such desirability, may, in lieu of issuing subpoena or summons, order that said witness be forthwith taken into custody and delivered to an officer of the requesting state.
If the witness, who is summoned as provided, after being paid or tendered by some properly authorized person the sum of 10¢ a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending and $5 for each day that he is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this State.
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 3: TRIALS › Chapter 205: WITNESSES › Subchapter 3: OUT-OF-STATE WITNESSES › 15 §1414. Summons to testify in this State

§1414. Summons to testify in this State
If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions or grand jury investigations commenced or about to commence in this State, is a material witness in a prosecution pending in a court of record in this State or in a grand jury investigation which has commenced or is about to commence, a judge of such court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. Said certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this State to assure his attendance in this State. This certificate shall be presented to a judge of a court of record within whose territorial jurisdiction the witness is found.
If the witness is summoned to attend and testify in this State, he shall be tendered the sum of 10¢ a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending and $15 for each day that he is required to travel and attend as a witness. In addition, such witness, upon submission of proper vouchers to the court, may be allowed reasonable allowance for meals and lodging at the discretion of the presiding justice. A witness who has appeared in accordance with the summons shall not be required to remain within this State a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If such witness, after coming into this State, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this State.
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 3: TRIALS › Chapter 205: WITNESSES › Subchapter 3: OUT-OF-STATE WITNESSES › 15 §1415. Exemption from arrest and service of process

§1415. Exemption from arrest and service of process
If a person comes into this State in obedience to a summons directing him to attend and testify in this State he shall not while in this State pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this State under the summons.
If a person passes through this State while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, he shall not while so passing through this State be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this State under the summons.
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 3: TRIALS › Chapter 205: WITNESSES › Subchapter 4: PRISONERS AS WITNESSES › 15 §1461. Definitions

§1461. Definitions
As used in this subchapter:   [PL 1967, c. 317 (NEW).]
1.  Penal institutions.
"Penal institutions" includes a jail, prison, penitentiary, house of correction or other place of penal detention.
[PL 1967, c. 317 (NEW).]
2.  State.
"State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico and any territory of the United States.
[PL 1967, c. 317 (NEW).]
3.  Witness.
"Witness" means a person who is confined in a penal institution in any state and whose testimony is desired in another state in any criminal proceeding or investigation by a grand jury or in any criminal action before a court.
[PL 1967, c. 317 (NEW).]
SECTION HISTORY
PL 1967, c. 317 (NEW).