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Amend the bill by striking out all of section 2 (page 1, lines 3 to 19 in L.D.) and inserting the following:
‘Sec. 2. 17-A MRSA §751-B  is enacted to read:
§ 751-B.  Refusing to submit to arrest or detention
 
1.      A person is guilty of refusing to submit to arrest or detention if, with the intent to hinder, delay or prevent a law enforcement officer from effecting the arrest or detention of that person, the person:
 
A.  Refuses to stop on request or signal of a law enforcement officer. Violation of this paragraph is a Class E crime;
 
B.  Uses physical force against the law enforcement officer. Violation of this paragraph is a Class D crime; or
 
C.  Creates a substantial risk of bodily injury to the law enforcement officer. Violation of this paragraph is a Class D crime.
 
2.      It is a defense to prosecution under this section that the person reasonably believed that the person attempting to effect the arrest or detention was not a law enforcement officer. It is a defense to prosecution under subsection 1, paragraph A that the law enforcement officer acted unlawfully in attempting to effect the arrest or detention.
Sec. 3. Appropriations and allocations. The following appropriations and allocations are made.
 
CORRECTIONS, DEPARTMENT OF
 
State Board of Corrections Investment Fund Z075
 
Initiative: Appropriates funds for the incremental costs associated with one projected incarceration in a county jail.

GENERAL FUND	2009-10	2010-11	
All Other	$2,959	$2,959	
 	  	  	
GENERAL FUND TOTAL	$2,959	$2,959	

CORRECTIONS, DEPARTMENT OF	 	 	
DEPARTMENT TOTALS	2009-10	2010-11	
 	 	 	
GENERAL FUND	$2,959	$2,959	
 	  	  	
DEPARTMENT TOTAL - ALL FUNDS	$2,959	$2,959	

JUDICIAL DEPARTMENT
 
Courts - Supreme, Superior and District 0063
 
Initiative: Provides funds for court-appointed counsel.

GENERAL FUND	2009-10	2010-11	
All Other	$350	$350	
 	  	  	
GENERAL FUND TOTAL	$350	$350	

JUDICIAL DEPARTMENT	 	 	
DEPARTMENT TOTALS	2009-10	2010-11	
 	 	 	
GENERAL FUND	$350	$350	
 	  	  	
DEPARTMENT TOTAL - ALL FUNDS	$350	$350	

SECTION TOTALS	2009-10	2010-11	
 	 	 	
GENERAL FUND	$3,309	$3,309	
 	  	  	
SECTION TOTAL - ALL FUNDS	$3,309	$3,309	
 
’
 
SUMMARY
This amendment redefines the offense of refusing to submit to arrest or detention as proposed in the bill. A person is guilty of refusing to submit to arrest or detention if, with the intent to hinder, delay or prevent a law enforcement officer from effecting the arrest or detention of that person, the person refuses to stop on request or signal of a law enforcement officer, which is a Class E crime; uses physical force against the law enforcement officer, which is a Class D crime; or creates a substantial risk of bodily injury to the law enforcement officer, which is a Class D crime. The amendment maintains the defense to prosecution that the person reasonably believed that the person attempting to effect the arrest or detention was not a law enforcement officer. The amendment also adds the defense that the law enforcement officer acted unlawfully in attempting to effect the arrest or detention for the offense of refusing to stop on request or signal of a law enforcement officer. It also adds an appropriations and allocations section.
FISCAL NOTE REQUIRED
(See attached)