Public Laws

124th Legislature

First Regular Session



Chapter 449

H.P. 447 - L.D. 633

An Act To Amend the Laws Pertaining to Refusing To Submit to Arrest or Detention

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 17-A MRSA §751-A,  as amended by PL 2001, c. 128, §1, is repealed.

Sec. 2. 17-A MRSA §751-B  is enacted to read:

§ 751-B.   Refusing to submit to arrest or detention

1   A person is guilty of refusing to submit to arrest or detention if, with the intent to hinder, delay or prevent a law enforcement officer from effecting the arrest or detention of that person, the person:
A Refuses to stop on request or signal of a law enforcement officer. Violation of this paragraph is a Class E crime;
B Uses physical force against the law enforcement officer. Violation of this paragraph is a Class D crime; or
C Creates a substantial risk of bodily injury to the law enforcement officer. Violation of this paragraph is a Class D crime.
2   It is a defense to prosecution under this section that the person reasonably believed that the person attempting to effect the arrest or detention was not a law enforcement officer. It is a defense to prosecution under subsection 1, paragraph A that the law enforcement officer acted unlawfully in attempting to effect the arrest or detention.

Sec. 3. Appropriations and allocations. The following appropriations and allocations are made.

CORRECTIONS - STATE BOARD OF

State Board of Corrections Investment Fund Z087

Initiative: Appropriates funds for the incremental costs associated with one projected incarceration in a county jail.

GENERAL FUND 2009-10 2010-11
All Other
$2,959 $2,959
inline graphic sline.gif inline graphic sline.gif
GENERAL FUND TOTAL $2,959 $2,959

CORRECTIONS - STATE BOARD OF
DEPARTMENT TOTALS 2009-10 2010-11
GENERAL FUND
$2,959 $2,959
inline graphic sline.gif inline graphic sline.gif
DEPARTMENT TOTAL - ALL FUNDS $2,959 $2,959

JUDICIAL DEPARTMENT

Courts - Supreme, Superior and District 0063

Initiative: Provides funds for court-appointed counsel.

GENERAL FUND 2009-10 2010-11
All Other
$350 $350
inline graphic sline.gif inline graphic sline.gif
GENERAL FUND TOTAL $350 $350

JUDICIAL DEPARTMENT
DEPARTMENT TOTALS 2009-10 2010-11
GENERAL FUND
$350 $350
inline graphic sline.gif inline graphic sline.gif
DEPARTMENT TOTAL - ALL FUNDS $350 $350

SECTION TOTALS 2009-10 2010-11
GENERAL FUND
$3,309 $3,309
inline graphic sline.gif inline graphic sline.gif
SECTION TOTAL - ALL FUNDS $3,309 $3,309

Effective September 12, 2009

Office of the Revisor of Statutes
State House, Room 108
Augusta, ME 04333