CHAPTER 29
H.P. 269 - L.D. 340
An Act To Amend Certain Aspects of Post-conviction Review Procedure
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 15 MRSA §2121, sub-§1-A, as enacted by PL 1985, c. 209, §1, is amended to read:
1-A. Assigned justice. "Assigned justice" means the Justice or Active Retired Justice of the Supreme Judicial Court or, the Justice or Active Retired Justice of the Superior Court or the judge authorized to sit in the Superior Court on post-conviction review cases who is assigned the post-conviction review proceeding when a special assignment has been made. It means any Justice or Active Retired Justice justice, active retired justice or authorized judge attending to the regular criminal calendar when the post-conviction review proceeding is assigned to the regular criminal calendar.
Sec. 2. 15 MRSA §2123, sub-§1-A, as enacted by PL 1985, c. 209, §2, is amended to read:
1-A. Supreme Court Justice or authorized Judge of the District Court. A single Justice of the Supreme Judicial Court or, an Active Retired Justice of the Supreme Judicial Court shall have or a judge authorized to sit in the Superior Court on post-conviction review cases has and shall exercise jurisdiction, and have has and shall exercise all of the powers, duties and authority necessary for exercising the same jurisdiction as the Superior Court relative to a post-conviction review proceeding.
Sec. 3. 15 MRSA §2129, sub-§1, ¶C, as amended by PL 1985, c. 556, §3, is further amended to read:
C. Once the petition has been filed, the clerk shall forward a copy of the petition and any separate documents filed with it to the Chief Justice of the Superior Court and to the Attorney General prosecutorial office that earlier represented the State in the underlying criminal or juvenile proceeding.
Sec. 4. 15 MRSA §2129, sub-§2, as repealed and replaced by PL 1985, c. 209, §4, is repealed.
Sec. 5. 15 MRSA §2129, sub-§5, as repealed and replaced by PL 1981, c. 238, §5, is amended to read:
5. Procedure in proceedings pursuant to this chapter. In all respects not covered by statute, the procedure in proceedings under this chapter shall be is as the Supreme Judicial Court shall by rule provide provides by rule.
Effective September 13, 2003, unless otherwise indicated.
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