CHAPTER 305
H.P. 661 - L.D. 884
An Act To Expand the Definition of "Juvenile Crime" To Include the Offenses of Possession and Use of Drug Paraphernalia, Illegal Transportation of Alcohol by a Minor and Transportation of Illegal Drugs by a Minor
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 15 MRSA §3103, sub-§1, ¶B, as amended by IB 1999, c. 1, §1, is repealed and the following enacted in its place:
B. Offenses involving illegal drugs or drug paraphernalia as follows:
(1) The possession of a useable amount of marijuana, as provided in Title 22, section 2383, unless the juvenile is authorized to possess marijuana for medical use pursuant to Title 22, section 2383-B, subsection 5;
(2) The use or possession of drug paraphernalia as provided in Title 17-A, section 1111-A, subsection 4, paragraphs A and B; and
(3) Illegal transportation of drugs by a minor as provided in Title 22, section 2389, subsection 2;
Sec. 2. 15 MRSA §3103, sub-§1, ¶C, as amended by PL 1999, c. 413, §1, is further amended to read:
C. Offenses involving intoxicating liquor, as provided in Title 28-A, section sections 2051 and 2052 and offenses involving refusal to provide proper identification as provided in Title 28-A, section 2087;
Sec. 3. 15 MRSA §3103, sub-§1, ¶G, as enacted by PL 1997, c. 462, §4, is amended to read:
G. A violation of section 393, subsection 1, paragraph C or section 393, subsection 1-A.
Sec. 4. 15 MRSA §3201, sub-§1, as amended by PL 1987, c. 277, §2, is further amended to read:
1. Warrantless arrests. Arrests without warrants of juveniles for juvenile crimes defined by section 3103, subsection 1, paragraphs A, D, E and, F and G by law enforcement officers or private persons shall be made pursuant to the provisions of Title 17-A, sections 15 and 16. For purposes of this section, a juvenile crime defined under section 3103, subsection 1, paragraph D, shall be deemed a Class D or Class E crime.
Sec. 5. 15 MRSA §3301, sub-§6, as amended by PL 1999, c. 624, Pt. B, §11, is further amended to read:
6. Review by attorney for the State. If the juvenile community corrections officer decides not to request the attorney for the State to file a petition, the juvenile community corrections officer shall inform the complainant, the law enforcement officer and the victim of the decision and of the reasons for the decision as soon as practicable. The juvenile community corrections officer shall advise the complainant, the law enforcement officer and the victim that they may submit their complaint to the attorney for the State for review.
If the juvenile community corrections officer makes a determination pursuant to subsection 5, paragraph A or B and decides not to request the attorney for the State to file a petition for a violation of Title 22, section 2389, subsection 2 or Title 28-A, section 2052, the juvenile community corrections officer shall inform the Secretary of State of the violation. The Secretary of State shall suspend for a period of 30 days that juvenile's license or permit to operate, right to operate a motor vehicle and right to apply for and obtain a license.
The attorney for the State on that attorney's own motion or upon receiving a request for review by the law enforcement officer, the complainant or the victim, shall consider the facts of the case, consult with the juvenile community corrections officer who made the initial decision and then make a final decision as to whether to file the petition. Notwithstanding any action or inaction by the juvenile community corrections officer, the attorney for the State may file a petition at any time more than 30 days after the juvenile community corrections officer has been given notice pursuant to section 3203-A.
Sec. 6. 15 MRSA §3314, sub-§3-A, as amended by PL 1995, c. 65, Pt. A, §49 and affected by §153 and Pt. C, §15, is further amended to read:
3-A. Operator's license suspension for drug offenses. The court may suspend for a period of up to 6 months the license or permit to operate, right to operate a motor vehicle and right to apply for and obtain a license of any person who violates Title 17-A, chapter 45, or; Title 22, section 2383, unless the juvenile is authorized to possess marijuana for medical use pursuant to Title 22, section 2383-B, subsection 5; Title 22, section 2389, subsection 2; or Title 28-A, section 2052 and is adjudicated pursuant to this chapter to have committed a juvenile crime.
The court shall give notice of suspension and take physical custody of an operator's license or permit as provided in Title 29-A, section 2434. The court shall immediately forward the operator's license and a certified abstract of suspension to the Secretary of State.
Effective September 13, 2003, unless otherwise indicated.
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