An Act To Amend the Maine Criminal Code and Motor Vehicle Laws as Recommended by the Criminal Law Advisory Commission LR2693(02)
Maine Legislature, Session 121, LD 1844
Committee Amendment CA_A_H853 (House)

COMMITTEE AMENDMENT ,A" to H.P. 1370, L.D. 
To Amend the Maine Criminal Code and Motor 
1844, Bill, "An 
Vehicle Laws as 
Recommended by the Criminal Law Advisory Commission" 
Amend 
the bill 
in 
section 
in that part 
designated 
"§1158-A." by striking out all of subsection 2 and inserting in 
its place the following: 
'2. 
Except as provided in subsection 3, a court may not 
order 
the 
forfeiture 
of 
a 
firearm 
otherwise qualifying 
for 
forfeiture under subsection 1 if another person can satisfy the 
court by 
a 
preponderance of the 
evidence 
and prior to 
the 
imposition of the defendant's sentence that: 
A. 
Other 
than in the context of either subsection 1, 
paragraph A, subparagraph (1) or subsection 1. paragraph B 
relative to murder or any other unlawful homicide crime in 
which the firearm used is a handgun, the other person, at 
the time of the commission of the crime, had a right to 
possess the firearm to the exclusion of the defendant; 
B. 
In 
the 
context 
of 
subsection 
1. 
paragraph 
A, 
subparagraph 
(1), 
the other person, at the time of the 
commission of the crime, had a right to possess the firearm 
to the exclusion of the defendant; or 
C. 
In the context of subsection 1, paragraph B relating to 
murder or any other unlawful homicide crime in which the 
firearm used is a handgun, the other person, at the time of 
Page l-LR2693(2) 
COMMITTEE AMENDMENT 
~. 
~~. 
COMMITTEE AMENDMENT ,A" to H.P. 1370, L.D. 1844 
the commission of the crime, was the rightful owner from 
whom the handgun had been stolen and the other person was 
not a principal or accomplice in the commission of the crime. 
3. 
If another person satisfies subsection 2, paragraph B, a 
court 
shall 
nonetheless 
order 
the 
forfeiture 
of 
a 
firearm 
otherwise qualifying for forfeiture under subsection 1, paragraph 
A, 
subparagraph 
(1) if the State can satisfy the court by a 
preponderance of the evidence both that the other person knew or 
should have known that the defendant was 
a prohibited person 
under 
Title 
15, 
section 
and 
that 
the 
other 
person 
intentionally, knowingly or recklessly allowed the defendant to 
possess or have under the defendant's control the firearm.' 
Further amend the bill in section 7 in that part designated 
"§1158-A." by renumbering the subsections to read consecutively. 
Further amend the bill in section 8 in subsection l-B in 
paragraph A in subparagraph (1) in the 4th line (page 6, line 33 
in L.D.) by striking out the following: 
"section" and inserting 
in its place the following: 
'sections 302 and' 
SUMMARY 
This amendment is the majority report of the Joint Standing 
Committee on Criminal Justice and Public Safety. 
This amendment 
clarifies the burden of proof in cases regarding forfeiture of 
firearms and adds the Class D crime of criminal restraint to 
crimes 
involving 
domestic 
violence 
for 
purposes 
of 
2-year 
sentences of probation. 
FISCAL NOTE REQL1RED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03126/03 ~aC!. 
Office of Fiscal and Program Review 
LD 1844 
An Act To Amend the Maine Criminal Code and Motor Vehicle Laws as 
Recommended by the Criminal Law Advisory Commission 
LR2693(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Majority Report 
Fiscal Note 
Minor cost increase - General Fund 
Correctional and Judicial Impact Statements: 
Clarifies probation for certain Class D and E crimes 
LR2693(2) - Fiscal Note - Page 1 of 1