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Bill > LD1802

ME LD1802

ME LD1802
An Act to Implement the Recommendations of the Maine Commission on Public Defense Services to Clarify When an Indigent Criminal Defendant Is Entitled to Counsel at State Expense

summary

Introduced
04/29/2025
In Committee
04/30/2025
Crossed Over
06/03/2025
Passed
06/09/2025
Dead
06/25/2025
Vetoed
06/25/2025

Introduced Session

Potential new amendment
132nd Legislature

Bill Summary

This bill is reported out by the Joint Standing Committee on Judiciary to implement recommendations of the Maine Commission on Public Defense Services. The committee has not taken a position on the substance of this bill. By reporting this bill out, the committee is not suggesting and does not intend to suggest that it agrees or disagrees with any aspect of this bill; instead, the committee is reporting the bill out for the sole purpose of having a bill printed that can be referred to the committee for an appropriate public hearing and subsequent processing in the normal course. The committee is taking this action to ensure clarity and transparency in the legislative review of the proposals contained in the bill. The bill clarifies when an indigent criminal defendant is entitled to counsel at state expense because there is a risk upon conviction that the accused may be sentenced to a term of imprisonment.

AI Summary

This bill amends Maine state law to clarify the specific circumstances under which an indigent (low-income) criminal defendant is entitled to court-appointed counsel at state expense. Currently, the law provides counsel when there is a risk of imprisonment upon conviction, and this bill expands and defines what constitutes such a risk. Specifically, a defendant is now considered at risk of imprisonment if: (1) the prosecutor declares an intent to request imprisonment if convicted, (2) the accused is in custody during their initial court appearance, (3) the accused is held in custody for more than 24 hours as a result of the criminal proceedings, or (4) a court has previously found a risk of imprisonment in another pending criminal case involving the same defendant. This clarification aims to ensure that defendants who are likely to face potential imprisonment receive legal representation, regardless of their financial means, which is a fundamental aspect of ensuring fair legal proceedings and protecting the constitutional right to counsel.

Committee Categories

Justice

Sponsors (0)

No sponsors listed

Last Action

Placed in Legislative Files (DEAD) (on 06/25/2025)

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