An Act to Make Corrections to Laws in Conflict with MCJUSTIS Changes
Maine Legislature, Session 121, LD 0018
Committee: Criminal Justice
Amends: 17-A MRSA §361, 17-A MRSA §362, 17-A MRSA §1105-A, 17-A MRSA §1105-C

Legislative Document 
No. IS 
H.P.25 
House of Representatives, January 14,2003 
An Act to Make Corrections to Laws in Conflict with MCJUSTIS 
Changes 
(EMERGENCY) 
Reported by Representative NORBERT of Portland for the Joint Standing Committee on 
Judiciary pursuant to Public Law 2001, chapter 383, section 155. 
Reference to the Committee on Criminal Justice suggested and ordered printed under Joint 
Rule 218. 
Printed on recycled paper 
Ir/~/J?~ 
MILLICENT M. MacFARLAND 
Clerk 
Emergency preamble. Whereas, Acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, this Act makes corrections to statutory changes 
enacted by the 
120th Legislature that are 
in conflict with 
changes recommended by the MCJUSTIS Policy Board and enacted in 
Public Law 2001, chapter 383; and 
Whereas, these errors create uncertainties and confusion in 
interpreting legislative intent; and 
Whereas, it is 
imperative 
that 
these 
uncertainties 
be 
resolved as quickly as possible to prevent any injustice or 
hardship to the citizens of Maine; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 17-A MRSA §361, sub-§2, as amended by PL 2001, c. 426, 
§1, is repealed. 
Sec. 2. 17-A MRSA §362, sub-§3-A, as amended by PL 2001, c. 
426, §2, is repealed. 
Sec. 3. 17-A MRS A §708, sub-§4, "B to D, as amended by PL 
2001, c. 389, §7, are repealed. 
Sec. 4. 17-A MRSA §1105-A, sub-§I, ,4ftl and J, as enacted by PL 
2001, c. 667, Pt. D, §25 and affected by §36, are amended to read: 
I. 
At the time of the offense, the person trafficks in 300 
or more pills, capsules, tablets, vials, ampules, syringes 
or units containing any narcotic drug other than heroin, or 
any quantity of pills, capsules, tablets, units, compounds, 
mixtures or substances that, 
in the aggregate, 
contains 
8,000 milligrams or more of oxycodone or 1,000 milligrams or 
more of hydromorphone. 
Violation of this paragraph is a 
Class A crime; or 
J. 
At the time of the offense, the person trafficks in a 
quanti ty of 300 or more pills, capsules, tablets or units 
containing 3, 4-methylenedioxymethamphetamine, MDMA, 
or any 
other drug listed in section 1102, subsection 1, paragraph 
o. 
Violation of this paragraph is a Class A crime. 
Sec. 5. 17-A MRSA §1105-C, sub·§l, '111 and J, as enacted by PL 
2001, c. 667, Pt. D, §32 and affected by §36, are amended to read: 
I. 
At the time of the offense, the person furnishes 300 or 
more pills, capsules, tablets, vials, ampules, syringes or 
units containing any narcotic drug other than heroin, or any 
quantity of pills, 
capsules, 
tablets, 
units, 
compounds, 
mixtures or 
substances that, 
in the aggregate, 
contains 
8,000 milligrams or more of oxycodone or 1,000 milligrams or 
more of hydromorphone. 
Violation of this paragraph is a 
Class B crime; or 
J. 
At the time of the offense, 
the person furnishes 
a 
quanti ty of 300 or more pills, capsules, tablets or units 
containing 3, 4-methylenedioxymethamphetamine, MDMA, or any 
other drug listed in section 1102, subsection 1, paragraph 
o. 
Violation of this paragraph is a Class B crime. 
Sec. 6. 17·A MRSA §1109, sub·§l, as repealed and replaced by 
PL 2001, c. 667, Pt. D, §33 and affected by §36, is amended to 
read: 
1. 
A person is guilty of stealing drugs if the person 
violates chapter 15, 
seetisBs section 353, 
or 
~§a 356-A 
knowing or believing that the subject of the theft is a scheduled 
drug, and it is in fact a scheduled drug, and the theft is from a 
person authorized to possess or traffick in that scheduled drug. 
Sec. 7. 17·A MRSA §1252, sub.§4.A, as repealed and replaced by 
PL 2001, c. 667, Pt. A, 
§39 and affected by §40, is amended to 
read: 
4-A. 
If the State pleads and proves that, at the time any 
crime, 
excluding murder, 
under chapter 9, 
11, 
or 
was 
committed, the defendant had been convicted of 2 or more crimes 
violating chapter 9, 11, 13 or 27 or essentially similar crimes 
in other jurisdictions, the sentencing class for the crime is one 
class higher than it would otherwise be. 
In the case of a Class 
A crime, the sentencing class is not increased, but the prior 
record must be given serious consideration by the court when 
imposing 
a 
sentence. 
Section 
9-A governs 
the 
use 
of prior 
convictions when determining a sentence, except that, for the 
purposes of this subsection, for violations under chapter 11, the 
dates of prior convictions may have occurred at any time. 
Sec. 8. 
Retroactivity. 
This 
Act 
applies 
retroactively 
to 
January 31, 2003. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect January 31, 2003. 
SUMMARY 
This 
bill 
amends 
the 
Maine 
Criminal 
Code 
to 
conflicts with Public Law 2001, chapter 667,. legislation 
in the l20th Legislature, 
pursuant to recommendations 
Maine Criminal Justice Information System Policy Board, 
following manner. 
correct 
enacted 
by the 
in the 
1. 
It repeals 3 sections of law that were incorporated into 
the Maine Criminal Code elsewhere by Public Law 2001, chapter 667. 
2. 
It includes the correct classification of crime for 2 
forms 
of aggravated trafficking and aggravated furnishing of 
scheduled drugs. 
3. 
It corrects a cross-reference concerning the theft of 
scheduled drugs. 
4. 
It 
corrects 
the 
application 
of 
general 
language 
concerning prior convictions by providing that prior convictions 
for sexual assaults may be used as sentencing enhancers even if 
the prior convictions were entered more than 10 years earlier. 
5. 
It provides a retroactive effective date of January 3L 
2003 to be consistent with the effective date of Public Law 2001, 
chapter 667, Part D.