H.P. 562 - L.D. 753
An Act to Require Law Enforcement Agencies to Collect Data Regarding Public Intoxication
Mandate preamble. This measure requires one or more local units of government to expand or modify activities so as to necessitate additional expenditures from local revenues but does not provide funding for at least 90% of those expenditures. Pursuant to the Constitution of Maine, Article IX, Section 21, two thirds of all of the members elected to each House have determined it necessary to enact this measure.
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, public intoxication is a serious problem that threatens the health and safety of the people of this State; and
Whereas, it is imperative that law enforcement agencies immediately begin to collect data in order to identify how to best address the problem of public intoxication and to determine how to get help for those persons who need treatment; 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. 17 MRSA §2005 is enacted to read:
§2005. Law enforcement agency responsibilities
1. Definitions. As used in this section, unless the context indicates otherwise, the following terms have the following meanings.
A. "Intoxicated" means the state of having a disturbed mental capacity resulting from the introduction of alcohol, drugs or similar substances into the body.
B. "Public intoxication" means the state of being intoxicated in a public place.
C. "Public place" has the same meaning as provided in section 2003-A, subsection 1, paragraph D.
2. Records. A law enforcement agency shall keep records of all incidents of public intoxication that are reported in that law enforcement agency's jurisdiction.
3. Reporting. Beginning April 30, 1998 and monthly thereafter, each law enforcement agency shall submit a copy of its records of all known incidents of public intoxication to the Department of Public Safety. These records may not include individuals' names. Beginning June 30, 1998 and quarterly thereafter, the Department of Public Safety shall forward these records to the Department of Mental Health, Mental Retardation and Substance Abuse Services, Office of Substance Abuse. The records must include at least the following information:
A. The number of reported cases of public intoxication;
B. The number of persons who are reported more than one time pursuant to paragraph A;
C. The number of persons voluntarily transported to a state-licensed treatment facility or shelter as a result of reported incidents of public intoxication;
D. The number of persons voluntarily transported to their residence or left with a family member or friend as a result of reported incidents of public intoxication; and
E. The number of intoxicated persons left at the scene of the reported incident or at another public place.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective April 16, 1998.
| Revisor of Statutes Homepage | Subject Index | Search | Laws of Maine | Maine Legislature |
