LD 244
pg. 1
LD 244 Title Page An Act to Permit the Release and Publication of the Name of a Juvenile 14 Years... Page 2 of 2
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LR 315
Item 1

 
Emergency preamble. Whereas, Acts of the Legislature do not become
effective until 90 days after adjournment unless enacted as
emergencies; and

 
Whereas, for the purpose of protection of the citizens of this
State, it is necessary that this Act take effect immediately; and

 
Whereas, in the judgment of the Legislature, these facts create
an emergency within the meaning of the Constitution of Maine and
require the following legislation as immediately necessary for
the preservation of the public peace, health and safety; now,
therefore,

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 15 MRSA §3307, sub-§1-A, as amended by PL 1991, c. 776, §1, is
further amended to read:

 
1-A. Release of identity. No A law enforcement officer,
officer of the court or juvenile caseworker may not release the
identity of any juvenile until a petition is filed charging the
juvenile with a juvenile crime described in subsection 2, except
that a law enforcement officer, officer of the court or juvenile
caseworker may release the name of a juvenile arrested for the
commission of a juvenile crime and identify the juvenile crime or
crimes for which the juvenile was arrested, if the juvenile has
attained 14 years of age. This section does not preclude the
release of the identity of a juvenile to a complainant or victim
if a juvenile caseworker decides not to file a petition in
accordance with section 3301, subsection 5, paragraph A or B or
if the juvenile caseworker requests the prosecuting attorney to
file a petition in accordance with section 3301, subsection 5,
paragraph C.

 
Sec. 2. 15 MRSA §3307, sub-§2, ¶B, as amended by PL 1995, c. 470, §7,
is further amended to read:

 
B. The general public is excluded from all other juvenile
hearings and proceedings where the juvenile charged had not
attained 14 years of age at the time of the offense, except
that a juvenile charged with a juvenile crime that would
constitute murder or a Class A, Class B or Class C offense
and with a juvenile crime that would constitute a juvenile's
first Class D offense or Class E offense or with conduct
described in section 3103, subsection 1, paragraph B, C, D
or E, arising from the same underlying transaction may elect
to have all charges adjudicated in one hearing, and, when a
juvenile does so elect, the general public is not excluded
from that hearing.


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