PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
An Act To Amend the Laws Pertaining to Refusing To Submit to Arrest or Detention
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §751-A, as amended by PL 2001, c. 128, §1, is repealed.
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 - STATE BOARD OF
 
State Board of Corrections Investment Fund Z087
 
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 - STATE BOARD 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	

Effective September 12, 2009