LD 936
pg. 1
LD 936 Title Page An Act to Amend the Bail Code to Imprison Violators of Bail Page 2 of 11
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LR 1546
Item 1

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

 
Sec. 1. 15 MRSA §1002, 2nd ¶, as amended by PL 1997, c. 543, §1, is
further amended to read:

 
It is the purpose and intent of this chapter that bail be set
for a defendant in order to reasonably ensure the appearance of
the defendant as required, to otherwise reasonably ensure the
integrity of the judicial process and, when applicable, to
reasonably ensure the safety of others in the community. It is
also the purpose and intent of this chapter that the judicial
officer consider, relative to crimes bailable as of right
preconviction, the least restrictive release alternative that
will reasonably ensure the attendance of the defendant as
required, or otherwise reasonably ensure the integrity of the
judicial process shall give serious consideration for first-time
defendants to receive personal recognizance bail. Finally, it is
also the intent and purpose of this chapter that a defendant,
while at liberty on bail, refrain from committing new crimes.

 
Sec. 2. 15 MRSA §1002, as amended by PL 1997, c. 585, §1, is
further amended by adding at the end 2 new paragraphs to read:

 
The Legislature finds that personal recognizance bail or
unsecured appearance bond should not be available for offenders
who have a pending charge.

 
The Legislature further believes that, as a matter of public
policy, personal recognizance bail or unsecured appearance bond
should not be available to repeat offenders or to those who
commit serious crimes.

 
Sec. 3. 15 MRSA §1003, sub-§1, ¶A, as amended by PL 1997, c. 543, §3,
is further amended to read:

 
A. In the preconviction context, "bail" means the obtaining
of the release of the defendant upon an undertaking that the
defendant shall appear at the time and place required, that
the defendant shall conform to any condition imposed, in
accordance with section 1026, designed to ensure the
integrity of the judicial process and, that the defendant
shall refrain from any new criminal conduct. For crimes
bailable only as a matter of discretion preconviction, bail
also means the obtaining of the release of the defendant
upon an undertaking that the defendant shall conform to each
condition that is designed and to ensure the safety of
others in the community.

 
Sec. 4. 15 MRSA §1003, sub-§5, as repealed and replaced by PL 1997, c.
585, §2, is repealed and the following enacted in its place:


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