This bill allows victims of sex trafficking or sexual exploitation to have their criminal history records sealed. It requires business screening services (like background check companies) to delete any sealed records from their databases and stop sharing inaccurate or sealed information. Specifically, if a victim's record is sealed through legal process, the screening service must remove it and notify the individual within 30 days. The law ensures these services update records within 30 days and verify accuracy every 90 days. It applies directly to trafficking victims seeking to limit how their sealed records are used by private background check providers.
This bill prohibits arresting or detaining people for civil violations, such as minor offenses like traffic tickets or code violations. It requires state attorneys to decide whether to charge certain minor criminal offenses (Class E crimes ineligible for probation) as civil violations instead, considering factors like the offense severity, victim impact, and prior records. If charged as a civil violation, penalties are limited to $1,000, and this decision cannot be challenged in court. The bill directly affects individuals facing minor charges and state attorneys who will make these charging decisions.
This bill establishes 11 as the minimum age for Maine juvenile court jurisdiction for most offenses. It defines "juvenile" as a person aged 11-18 for crimes like drug possession, underage drinking, or traffic violations involving intoxicants (as specified in sections 3103 and 3303), but excludes serious crimes like murder, felony murder, or manslaughter (which remain subject to adult prosecution regardless of age). The bill also modifies time limits for prosecuting certain juvenile offenses and clarifies that some crimes (e.g., driving under the influence) may be handled as juvenile cases only if specific conditions are met. It directly affects minors aged 11-17 who commit non-violent offenses under Maine law.
This bill clarifies when poor defendants in Maine criminal cases are entitled to free state-funded legal counsel. It specifies four situations where counsel must be provided: if the prosecutor requests imprisonment upon conviction, the defendant is in custody at their first court appearance, held in custody for over 24 hours total, or a court has previously found a risk of imprisonment in another case. The law directly affects indigent defendants facing potential jail time by defining clear, objective triggers for state-funded representation. This implements recommendations from Maine's Public Defense Commission to reduce ambiguity in the current system.
This bill prohibits life imprisonment without the possibility of supervised community confinement after 15 years for individuals convicted of crimes while under 26 years old. It directly affects people sentenced to life without parole for offenses committed before their 26th birthday. The key provision requires automatic review after 15 years of incarceration, allowing eligible individuals to transition to supervised community confinement. This applies to all crimes, including aggravated attempted murder under existing sentencing rules. The law creates a clear pathway for potential release after 15 years for this specific age group.
This bill creates a sentencing alternative to imprisonment for defendants convicted of certain offenses who are primary caregivers. It directly affects individuals responsible for minors, elderly people (60+), or those with physical/mental disabilities. To qualify, a defendant must file a motion with an affidavit within 10 days of conviction, prompting the court to consider alternatives like probation or community service. The court must then make written findings weighing the offense, defendant's history, family circumstances, and impact on dependents before deciding. This change applies only to offenses that may result in jail time but don't require it.
This bill adds "coercive control" to Maine's legal definition of domestic abuse, making it a specific form of abuse under protection from abuse laws. It defines coercive control as a pattern of behavior meant to dominate or exploit a dating partner or family/household member, including limiting financial access, monitoring movements, isolating from support systems, using intimidation, or exploiting vulnerabilities like disabilities or immigration status. The law directly affects victims of domestic abuse who experience these tactics and provides courts and law enforcement with a clear standard to address such cases. This change updates existing statutes without altering penalties for other abuse types, focusing on expanding legal recognition of controlling behaviors.
This bill amends Maine law to create a new Class A crime for fentanyl trafficking that directly causes serious bodily injury from an overdose. Specifically, it targets cases where fentanyl trafficked by a defendant contributes to another person's serious injury resulting from an overdose. The law upgrades penalties for fentanyl trafficking causing such injury (currently a Class B crime for other drugs) to a more severe Class A offense. It applies only to fentanyl powder and requires the trafficked drug to be a contributing factor in the injury. This changes the legal classification for these specific cases without altering other trafficking penalties.
LD 1366 amends Maine's drug laws to change penalties for cocaine base possession and importation. It raises the possession threshold for cocaine base from 4 grams to 14 grams for Class B charges (previously a Class B crime for possession over 4 grams), and removes cocaine base from the list of "schedule W drugs" that trigger enhanced penalties for prior drug offenders. The bill also modifies the Class A crime for importation by deleting the specific 32-gram threshold for cocaine base (previously a Class A crime for importing 32g or more of cocaine base). These changes directly affect individuals possessing or importing cocaine base who have prior drug convictions.
This bill amends Maine's robbery statute (17-A MRSA §651) to require that an actor must intentionally or knowingly threaten force to commit theft for a robbery conviction. It directly affects individuals charged with robbery in Maine courts, clarifying the mental state required for liability. The key change specifies that threats must be deliberate (not merely causing fear) to meet the "intentionally or knowingly" standard for robbery. This update responds to the U.S. Supreme Court's 2023 decision in *Counterman v. Colorado*, aligning Maine's law with a new federal standard.