LD 469
pg. 1
LD 469 Title Page An Act To Clarify Arrest Powers of Law Enforcement Officers Page 2 of 2
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LR 857
Item 1

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

 
Sec. 1. 17-A MRSA §15, sub-§3 is enacted to read:

 
3.__For purposes of subsection 1, a law enforcement officer
has no authority beyond the limits of the municipality or
county in which the officer is appointed unless the officer
has met the requirements of Title 25, section 2804-C.

 
Sec. 2. 30-A MRSA §290, sub-§2, as enacted by PL 2001, c. 686, Pt.
C, §1, is amended to read:

 
2. Powers. An investigator has the statutory powers of a
deputy sheriff in the county in which the investigator is
appointed. An investigator's powers may include those under
sections section 404 and 405.

 
Sec. 3. 30-A MRSA §405, as enacted by PL 1993, c. 594, §1, is
repealed.

 
Sec. 4. 30-A MRSA §406 is enacted to read:

 
§406.__Arrest outside jurisdictional limits; liability

 
When a county sheriff or deputy sheriff makes an arrest
outside of jurisdictional limits of the county in which the
sheriff or deputy sheriff is appointed, that sheriff or deputy
sheriff has the same immunity from tort liability and all of
the pension, relief, disability, workers' compensation,
insurance and any other benefits the sheriff or deputy sheriff
enjoys while performing duties within the sheriff's or the
deputy sheriff's appointing county.

 
Sec. 5. 30-A MRSA §2671, sub-§2, as amended by PL 1989, c. 104, Pt.
A, §23 and Pt. D, §6, is further amended to read:

 
2. Powers. Police officers may serve criminal and traffic
infraction processes and arrest and prosecute offenders of the
law. A police officer has all the statutory powers of a
constable, unless limited by charter or ordinance. No A
police officer has any no authority in criminal or traffic
infraction matters beyond the limits of the municipality in
which the officer is appointed, except as provided in Title
17-A, section 15, and except to:

 
A. Recapture a prisoner whom the officer has arrested and
who has escaped;

 
B. Take a person before the District Court;


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