Bill > LD1189

This bill creates a new provision allowing attorneys for the State to choose to charge certain Class E crimes as civil violations instead of criminal offenses. Specifically, the bill permits prosecutors to elect to charge an "eligible Class E crime" as a civil violation, with some exceptions. Eligible crimes exclude those in Title 21-A and crimes that would result in probation or mandatory driver's license suspension. When making this decision, prosecutors must consider factors like the severity of the conduct, impact on the victim, the defendant's prior record, and what sanction would best serve justice. The defendant can object to this substitution if they were arrested. If charged as a civil violation, the maximum penalty is $1,000, and the court must report the reduced charge to the Secretary of State. The determination by the prosecutor is not subject to judicial review. The bill includes a modest appropriation of $3,900 for programming costs in the judicial department and will take effect on January 1, 2026. This legislation appears designed to provide more flexibility in handling minor offenses and potentially reduce the criminal justice system's burden for less serious infractions.

Justice

https://legislature.maine.gov/legis/bills/display_ps.asp?LD=1189&snum=132