| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 17-A MRSA §360, sub-§1, śC, as amended by PL 1997, c. 319, §1, | | is further amended to read: |
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| | | C. Having custody of property pursuant to a rental or lease | | agreement with the owner thereof or a borrower's agreement | | with a library or museum whereby such property is to be | | returned to the owner at a specified time and place, the | | person knowingly fails to comply with the agreed terms | | concerning return of such property without the consent of | | the owner, for so lengthy a period beyond the specified time | | for return as to render the retention or possession or other | | failure to return a gross deviation from the agreement. For | | purposes of this paragraph, a gross deviation may be | | presumed when the person fails to return the property within | | 5 days of receiving a written demand from the owner, mailed | | by certified or registered mail or delivered by hand after | | the expiration of the rental period to the most current | | address known to the owner. |
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| | | Sec. 2. 17-A MRSA §808 is enacted to read: |
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| | | §808.__Theft or destruction of institutional property |
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| | | 1.__A person is guilty of theft or destruction of | | institutional property if that person takes, uses or exercises | | control over property or defaces or destroys property owned or in | | the care of a library, school, college, university, museum, | | church or public institution knowing that that person does not | | have the consent of the owner. |
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| | | 2.__Theft or destruction of institutional property is a Class | | E crime if the value of the property is less than $500.__If the | | value of the property is equal to or greater than $500 or if the | | property can not be replaced, theft or destruction of | | institutional property is a Class C crime. |
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| | | 3.__As an alternative to criminal prosecution, theft or | | destruction of institutional property may be pursued as a civil | | violation for which a penalty of at least $2,000 but not more | | than $10,000 may be adjudged.__The court shall order restitution | | based upon evidence presented by the prosecutor or owner of the | | material. |
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| | | This bill protects library and museum materials possessed by a | | person pursuant to a borrower's agreement by clarifying that |
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