Bill > LD1410

This bill establishes new legal protections for the personal property of unhoused individuals by creating a set of due process requirements for government entities seeking to confiscate or destroy such property. Under the proposed law, public agencies can only confiscate personal property of an unhoused person if the property is on public property, the person is notified at least 7 days in advance, and the person is offered an opportunity to attend a hearing conducted according to administrative procedure standards. If the unhoused person does not attend the hearing, their property must be stored in a secure location for at least 90 days, with the owner notified of the storage location and retrieval procedures. The bill includes exceptions for property that is objectively deemed abandoned, an immediate public health or safety threat, evidence of a crime, or contraband. Furthermore, the law provides legal remedies for unhoused individuals whose property is wrongfully confiscated, allowing them to sue for up to $2,000 in damages per item and reasonable attorney's fees, as well as seek injunctive relief to prevent improper property destruction. This legislation aims to protect the rights and personal belongings of unhoused individuals by ensuring fair treatment and due process in property confiscation situations.

Justice

https://legislature.maine.gov/legis/bills/display_ps.asp?LD=1410&snum=132