An Act To Establish an Integrated Statewide System To Manage and Enforce Electronic Warrants
Sec. 1. 15 MRSA c. 99, as amended, is repealed.
Sec. 2. 15 MRSA c. 100 is enacted to read:
§ 651. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
§ 652. Exclusions
This chapter does not apply to:
§ 653. Statewide warrant management system
§ 654. Warrants
The bench warrant may contain photographs of the subject, a description of any distinguishing physical characteristics and other information that will aid in the location of the subject and the execution of the warrant. A bench warrant is not rendered invalid because of technical noncompliance with this section.
§ 655. Local entering agency
§ 656. Responsibilities of law enforcement agencies
Each law enforcement agency shall adopt policies to comply with this chapter. Local policies must ensure that all bench warrants are served and returns of service entered as required by section 654.
§ 657. Responsibilities of courts
The courts are responsible for:
Sec. 3. 15 MRSA §1023, sub-§8 is enacted to read:
Sec. 4. Rules.
1. Electronic verification. Notwithstanding the Maine Revised Statutes, Title 10, section 9503, the Supreme Judicial Court may adopt rules to allow for the use in the judicial branch of electronic signatures, digital signatures, digital watermarks or other appropriate security devices to ensure the validity of electronically transmitted and stored warrants and to ensure that such warrants are appropriately tracked and can be validated. The court shall consult and cooperate with the Secretary of State to ensure that its rules will not interfere with the transfer of data and signatures between branches and departments of State Government. Electronic signatures and digital signatures executed or adopted by a person or entity pursuant to these rules are presumed to be valid as provided in Title 10, chapter 1051.
2. Resolution in other court. The Supreme Judicial Court may adopt rules to provide that an individual who is arrested in a county or district, other than the county or district whose court issued the warrant, for the commission of a Class D or Class E crime, for the failure to appear for a Class D or Class E crime or for a civil violation or for the failure to pay a fine for any crime or civil violation, may waive the right to a trial and any objections to venue and return to the court that issued the warrant and plead guilty and be sentenced, pay a fine or otherwise have the matter disposed of by the appropriate court in the arresting district.
3. Local entering agencies. The Commissioner of Public Safety, with the concurrence of the Attorney General, may adopt rules to provide additional requirements or standards of operation that apply to local entering agencies. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 5. Warrant repositories in existence on effective date; construction. Nothing in this Act is intended or may be construed to affect the validity of any warrant issued by a court or other authorized entity prior to the effective date of this Act. Nothing in this Act is intended to deauthorize or otherwise affect the authority of warrant repositories established pursuant to the Maine Revised Statutes, Title 15, former chapter 99 that are in existence on the effective date of this Act.
Sec. 6. Effective date. Those sections of this Act that repeal the Maine Revised Statutes, Title 15, chapter 99, enact Title 15, chapter 100 and enact Title 15, section 1023, subsection 8 take effect February 1, 2012.