§165. District Court; jurisdiction over crimes and juvenile offenses

1.  Crimes; under one year imprisonment.  The District Court has jurisdiction and, except as provided in Title 29-A, section 2602, concurrent jurisdiction with the Superior Court of all crimes, including violation of any statute or a bylaw of a town, village corporation or local health officer and breach of the peace, for which the maximum term of imprisonment to which the defendant may be sentenced upon conviction of that crime is less than one year.

[PL 1999, c. 731, Pt. ZZZ, §6 (NEW); PL 1999, c. 731, Pt. ZZZ, §42 (AFF).]

2.  Juvenile Court.  The District Court has jurisdiction over juvenile offenses pursuant to Title 15, Part 6.

[PL 1999, c. 731, Pt. ZZZ, §6 (NEW); PL 1999, c. 731, Pt. ZZZ, §42 (AFF).]

3.  Crimes; one year or more imprisonment.  The District Court has, concurrent with the Superior Court, original jurisdiction to receive pleas of guilty in criminal cases, other than murder, in which:

A. The maximum term of imprisonment to which the defendant may be sentenced upon conviction of that crime is one year or more;   [PL 1999, c. 731, Pt. ZZZ, §6 (NEW); PL 1999, c. 731, Pt. ZZZ, §42 (AFF).]

B. The defendant has in writing waived the defendant's right to indictment by grand jury and the defendant's right to a jury trial; and   [PL 1999, c. 731, Pt. ZZZ, §6 (NEW); PL 1999, c. 731, Pt. ZZZ, §42 (AFF).]

C. The defendant has indicated the defendant's intention to enter a plea of guilty to the charges pending against the defendant.   [PL 1999, c. 731, Pt. ZZZ, §6 (NEW); PL 1999, c. 731, Pt. ZZZ, §42 (AFF).]

When exercising such jurisdiction, the District Court possesses all of the powers of the Superior Court. The District Court shall exercise that jurisdiction in the manner that the Supreme Judicial Court by rule provides. Any person sentenced under this subsection is entitled to the rights provided by Title 15, chapter 306-A.

[PL 2005, c. 326, §1 (AMD); PL 2005, c. 326, §5 (AFF).]

4.  Issue process.  The District Court has jurisdiction to issue process with respect to any violation over which the Passamaquoddy Tribe or the Penobscot Nation exercises exclusive jurisdiction under Title 30, section 6209-A or 6209-B.

[PL 1999, c. 731, Pt. ZZZ, §6 (NEW); PL 1999, c. 731, Pt. ZZZ, §42 (AFF).]

5.  Power to sentence.  The District Court may impose any authorized sentencing alternative.

[PL 1999, c. 731, Pt. ZZZ, §6 (NEW); PL 1999, c. 731, Pt. ZZZ, §42 (AFF).]

SECTION HISTORY

PL 1975, c. 430, §6 (AMD). PL 1991, c. 484, §2 (AMD). PL 1995, c. 65, §A4 (AMD). PL 1995, c. 65, §§A153,C15 (AFF). PL 1995, c. 388, §2 (AMD). PL 1995, c. 388, §8 (AFF). PL 1999, c. 731, §ZZZ6 (RPR). PL 1999, c. 731, §ZZZ42 (AFF). PL 2005, c. 326, §1 (AMD). PL 2005, c. 326, §5 (AFF).