| | | 1. Warrantless arrests. Arrests without warrants of juveniles | | for juvenile crimes defined by section 3103, subsection 1, | paragraphs A, D, E, F and, G and H by law enforcement officers or | private persons shall must 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 or H, shall be is deemed a Class D or Class E crime. |
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| | | Sec. 6. 15 MRSA §3201, sub-§3, as amended by PL 1995, c. 470, §6, is | | further amended to read: |
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| | | 3. Enforcement of other juvenile crimes. A law enforcement | | officer who has probable cause to believe that a juvenile crime, | | as defined by section 3103, subsection 1, paragraph B or C has | | been committed may request that the juvenile provide the officer | | with reasonably credible evidence of the juvenile's name, address | and age date of birth. The evidence may consist of oral | | representations by the juvenile. If the juvenile furnishes the | officer with evidence of the juvenile's name, address and age | | date of birth and the evidence does not appear to be reasonably | | credible, the officer shall attempt to verify the evidence as | | quickly as is reasonably possible. During the period the | | verification is being attempted, the officer may require the | | juvenile to remain present for a period not to exceed 2 hours. | | The officer may not arrest the juvenile for the juvenile crime | | defined by section 3103, subsection 1, paragraph B or C. |
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| | | After informing the juvenile of the provisions of this | subsection, the officer may arrest the juvenile for a crime | defined in section 3103, subsection 1, paragraph B or C conduct | | that, if committed by an adult, would be considered criminal as | | described in Title 17-A, section 17, subsection 2 if the juvenile | | intentionally refuses to furnish any evidence of the juvenile's | correct name, address and age or date of birth, or if, after | | attempting to verify the evidence as provided for in this | | subsection, the officer has probable cause to believe that the | | juvenile has intentionally failed to provide reasonably credible | evidence of the juvenile's name, address and age or date of | | birth. |
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| | | Sec. 7. 15 MRSA §3202, as amended by PL 2001, c. 4, §1, is further | | amended to read: |
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| | | §3202. Arrest warrants for juveniles |
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| | | An arrest warrant for a juvenile must be issued in the manner | | provided by Rule 4 of the Maine Rules of Criminal Procedure, | | except that affidavits alone must be presented and a petition is | | not necessary. Following arrest, the juvenile is subject to the | procedures specified in section sections 3203-A and 3301. |
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