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Bill > LD1958

ME LD1958

ME LD1958
An Act to Ensure Due Process for Recipients of No Trespass Orders on Certain State Properties

summary

Introduced
05/07/2025
In Committee
05/13/2025
Crossed Over
Passed
Dead
05/28/2025

Introduced Session

132nd Legislature

Bill Summary

This bill is a concept draft pursuant to Joint Rule 208. The bill would ensure due process for a recipient of a no trespass order from a State Government entity that prohibits the recipient of the order from accessing certain state properties. 1. The legislation is limited to state properties where the public accesses state services and where the public has a reasonable expectation of entry. 2. The no trespass order must include a reason for the order that is available to the recipient of the order upon request of the recipient of the order. 3. The allowable reasons to serve such a no trespass order are harassment of the State Government entity as defined in the Maine Revised Statutes, Title 5, section 4651, subsection 2 or a refusal to leave the state property upon request 3 or more times in a one- month period. 4. The recipient of the no trespass order may contest the order within 14 days of the receipt of the order. 5. The court must set a date for return within 7 days of the recipient's contesting the order. 6. In a court proceeding on the issuance of such a no trespass order, the court must use the procedure as described for the issuance of a protection from abuse order under Title 19-A, chapter 103 and ensure that a defendant in a proceeding on the issuance of a no trespass order receives the same due process protections as a defendant in a proceeding on the issuance of a protection from abuse order.

AI Summary

This bill aims to establish a standardized due process procedure for no trespass orders issued by state government entities for certain state properties. The bill would require that such orders only be issued for specific reasons, including documented harassment or repeated refusal to leave state property, and must include a stated reason that can be provided to the recipient upon request. The legislation applies specifically to state properties where the public typically accesses services and has a reasonable expectation of entry. If served with a no trespass order, an individual would have 14 days to contest the order, after which the court must set a hearing date within 7 days. The bill mandates that court proceedings for these no trespass orders follow similar procedural protections as protection from abuse orders, ensuring that the recipient receives comprehensive due process rights. This approach seeks to balance the state's ability to manage access to its properties while protecting individuals from arbitrary exclusion and providing a clear mechanism for challenging such orders.

Committee Categories

Justice

Sponsors (10)

Last Action

Pursuant to Joint Rule 305.6, Placed in Legislative Files (DEAD). (on 05/28/2025)

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