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MaineLD 1189132nd Maine Legislature (2025-2026)House

An Act to Allow an Attorney for the State to Determine Whether to Charge Certain Class E Crimes as Civil Violations

Sponsored By: Matt Moonen (Democratic)

Became Law

CRIMINAL PROCEDURECRIMINAL PROCEDURE - ARREST

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 1 costs, 1 mixed.

Civil violation fine and record reporting

Beginning January 1, 2026, if a case is charged and adjudicated as a civil violation under this law, the court can impose a fine up to $1,000. For driving-related Class E offenses reduced to a civil violation and adjudicated, the court must tell the Secretary of State which Class E crime was reduced. The court also lists the underlying Class E statute in the driving record abstract it sends.

One-time $3,900 for court programming

The state provides a one-time General Fund appropriation of $3,900 in fiscal year 2025–26 to the Judicial Department. The money supports programming for the Supreme, Superior, and District Courts. There is no funding in 2026–27.

Prosecutors can charge some Class E crimes civilly

Beginning January 1, 2026, state prosecutors may charge an eligible Class E offense as a civil violation instead of a crime. Eligible offenses exclude election crimes and any Class E offense that would allow probation or require a mandatory driver’s license suspension if convicted. The prosecutor must weigh the conduct’s severity, victim impact, prior record, and other relevant factors. This election does not go forward if the defendant was arrested and objects. Courts cannot review the prosecutor’s charging decision under this law.

Sponsors & Cosponsors

Sponsor

  • Matt Moonen

    Democratic • House

Cosponsors

  • Adam Lee

    Democratic • House

  • Amy Kuhn

    Democratic • House

  • Anne M. Carney

    Democratic • Senate

  • David Sinclair

    Democratic • House

  • Elizabeth Caruso

    Republican • House

  • Jennifer Poirier

    Republican • House

  • Rachel Henderson

    Republican • House

  • Rachel Talbot Ross

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 96 • No: 85

Senate vote • 6/17/2025

ACCEPT MAJORITY OUGHT TO PASS AS AMENDED REPORT

Yes: 19 • No: 15

House vote • 6/17/2025

ACC MAJ OTP AS AMENDED REP

Yes: 77 • No: 70

Actions Timeline

  1. ACTPUB Chapter 496

    5/1/2026

  2. On motion by Senator ROTUNDO of Androscoggin taken from the Special Appropriations Table PASSED TO BE ENACTED in concurrence.

    6/25/2025Senate

  3. On motion by Senator ROTUNDO of Androscoggin PLACED ON THE SPECIAL APPROPRIATIONS TABLE pending ENACTMENT in concurrence

    6/17/2025Senate

  4. PASSED TO BE ENACTED. Sent for concurrence. ORDERED SENT FORTHWITH.

    6/17/2025House

  5. Reports ReadOn motion by Senator CARNEY of Cumberland the Majority Ought to Pass as Amended Report ACCEPTED. PREVAILED Roll Call Ordered Roll Call Number 603 Yeas 19 - Nays 15 - Excused 1 - Absent 0 Bill READ ONCE. Committee Amendment "A" (H-752) READ and ADOPTED. Under suspension of the Rules, READ A SECOND TIME and PASSED TO BE ENGROSSED AS AMENDED by Committee Amendment "A" (H-752) in concurrence.

    6/17/2025Senate

  6. Reports READ.On motion of Representative KUHN of Falmouth, the Majority Ought to Pass as Amended Report was ACCEPTED.ROLL CALL NO. 539(Yeas 77 - Nays 70 - Absent 2 - Excused 2)The Bill was READ ONCE.Committee Amendment "A" (H-752) was READ and ADOPTED.Under suspension of the rules, the Bill was given its SECOND READING without REFERENCE to the Committee on Bills in the Second Reading.The Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment "A" (H-752). Sent for concurrence. ORDERED SENT FORTHWITH.

    6/17/2025House

  7. Carried over, in the same posture, to the next special or regular session of the 132nd Legislature, pursuant to Joint Order SP 519.

    3/21/2025House

  8. The Bill was REFERRED to the Committee on JUDICIARY in concurrence

    3/20/2025Senate

  9. Committee on Judiciary suggested and ordered printed. The Bill was REFERRED to the Committee on JUDICIARY.Sent for concurrence. ORDERED SENT FORTHWITH.

    3/20/2025House

Bill Text

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