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An Act To Make Creating a Police Standoff a Class E Crime
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 25 MRSA §3801, sub-§§1 and 2, as enacted by PL 1997, c. 426, §1, are amended to read:
 
1. Creating police standoff.   A person commits the civil violationis guilty of creating a police standoff if that person:
 
A. Is in fact barricaded as a result of the person's own actions;
 
B. Is or claims to be armed with a dangerous weapon; and
 
C. Is instructed by a law enforcement agency, either personally, electronically or in writing, to leave the barricaded structure; andsurrender.
 
D.  Fails in fact to leave the barricaded structure within 1/2 hour of receiving the instruction from a law enforcement agency.
 
2. Class E crime.   Creating a police standoff is a civil violationClass E crime. The court may order a person who creates a police standoff to make restitution to each agency that responded to the standoff. Restitution must equal the direct costs incurred in responding to the standoff or $500, whichever is greater. If any portion of the restitution remains after each agency has been paid its costs, the remainder must be divided equally among the agencies.
 
SUMMARY
This bill changes the offense of creating a police standoff from a civil violation to a Class E crime. This bill also removes from the provision governing police standoffs the ability of a person to avoid the offense of creating a police standoff by surrendering within 1/2 hour of receiving police instruction to do so.