An Act To Change Mandatory Minimum Sentences in Certain Cases LR0838(02)
Maine Legislature, Session 121, LD 0856
Committee Amendment CA_A_H311 (House)
Amends: 17-A MRSA §1252

COMMITTEE AMENDMENT 
.. ~ 
to H.P. 633, L.D. 856, Bill, 
Act To Change Mandatory Minimum Sentences in Certain Cases" 
"An 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
'Sec. 1. 17-A MRSA §1252, sub-§5-A, 1[B, as amended by PL 2001, 
c. 383, §15l and affected by §156, is further amended to read: 
B. 
The court may impose a sentence other than a minimum 
unsuspended term of imprisonment set forth in paragraph A, 
if: 
(1) 
The court finds by substantial evidence that: 
(a) 
Imposition of a minimum unsuspended term of 
imprisonment 
under 
paragraph 
A will 
result in 
substantial injustice to the defendant. 
In making 
this 
determination, 
the 
court 
shall 
consider, 
among other considerations, whether the defendant 
did not know and reasonably should not have known 
that the victim was less than 18 years of age; 
(b) 
Failure to impose a minimum unsuspended term 
of imprisonment under paragraph A will not have an 
adverse effect on public safety; and 
(c) 
Failure to impose a minimum unsuspended term 
of 
imprisonment 
under 
paragraph 
A 
will 
not 
Page l-LR0838(2) 
COMMITTEE AMENDMENT 
.,. 
~ .. 
COMMITTEE AMENDMENT .. fI.. to H. P • 633, L. D • 856 
appreciably impair the effect of paragraph A in 
deterring others from violating section l105-A, 
l105-B, l105-C or ll05-D; and 
(2) 
The court finds that: 
~a}--~~~~-ha&-Be-~~~-~~~~~-histeFYf 
aBEl 
(b) 
The defendant is an appropriate candidate for 
an intensive 
superv~s~on program, 
but would be 
ineligible to participate under a sentence imposed 
under paragraph A; or 
attitude 
and 
nature of the 
imposition of 
frustrate the 
(c) 
The 
defendant's 
background, 
prospects for rehabilitation and the 
victim and the offense indicate that 
a sentence under paragraph A would 
general 
purposes 
of 
sentencing 
section 1151. 
set 
forth 
in 
If the court imposes a sentence under this paragraph, the 
court shall state in writing its reasons for its findings 
and for imposing a sentence under this paragraph rather than 
under paragraph A; and' 
SUMMARY 
This amendment replaces the bill. 
The bill makes a number 
of changes affecting sentences in crimes such as murder and OUI, 
the sentencing court's authority concerning mandatory 
m~n~mum 
sentences and fines, and caps on fines. 
The amendment repeals 
the sentencing provision that requires that a person have no 
prior criminal history in order to be considered for a sentence 
that is other than a minimum mandatory term of imprisonment for a 
violation of the Maine Revised Statutes, Title 17-A, 
section 
110S-A, ll05-B, 1105-C or 110S-D. 
FISCAL :\OTE REQ l j iH.1I 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 05/07/03 ;::t;pac:.. 
Office of Fiscal and Program Review 
LD856 
An Act To Change Mandatory Minimum Sentences in Certain Cases 
LR0838(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
This bill may impact the length of imprisonment for certain offenders and is not expected to have a significant impact 
on the Deparment of Corrections. 
LR0838(2) - Fiscal Note - Page 1 of 1