An Act to Amend the Sex Offender Registration and Notification Laws LR2001(02)
Maine Legislature, Session 121, LD 1514
Committee Amendment CA_A_H420 (House)
Amends: 34-A MRSA §11203, 34-A MRSA §11222, 34-A MRSA §11228

COMMITTEE AMENDMENT ,,(ttl to H.P. 1107, L.D. 1514, Bill, "An 
Act To Amend the Sex Offender Registration and Notification Laws" 
Amend the bill by inserting after the title and before the 
enacting clause the following: 
'Mandate preamble. 
This measure requires one or more local 
units of government to expand or modify activities so as to 
necessitate additional expenditures from local revenues but does 
not provide funding for at least 90% of those expenditures. 
Pursuant to the Constitution of Maine, Article IX, Section 21, 
2/3 of all of the members elected to each House have determined 
it necessary to enact this measure.' 
Further amend the bill by inserting before section 1 the 
following: 
'Sec. 1. 34-A MRSA §11203, sub-§5, as enacted by PL 1999, c. 
437, §2, is amended to read: 
5. 
Sex offender. 
"Sex offender" means a person who is an 
adult 
convicted 
and 
sentenced 
or 
a 
juvenile 
convicted 
and 
sentenced as an adult of a sex offense.' 
Further amend the bill by inserting after section 1 the 
following: 
'Sec. 2. 34-A MRSA §11203, sub-§8, as amended by PL 2001, c. 
439, Pt. 000, §10, is further amended to read: 
8. 
Sexually violent predator. 
"Sexually violent predator" 
means a 
person who is an adult convicted and sentenced or a 
COMMITTEE AMENDMENT 
at\So 
COMMITTEE AMENDMENT ,,~, to H.P. 1107, L.D. 1514 
juvenile convicted and sentenced as an adult of a: 
A. 
Sexually violent offense; or 
B. 
Sex offense when the person has a prior conviction for 
or 
an 
attempt 
to 
commit 
an offense that 
includes 
the 
essential elements of a 
sex offense or sexually violent 
offense. ' 
Further amend the bill by inserting after section 5 the 
following: 
'Sec. 6. 34-A MRSA §11222, sub-§l, as enacted by PL 1999, c. 
437, §2, is amended to read: 
1. 
Determination by court. 
The court shall determine at 
the 
time of 
eeBvie~ieB sentencing if a 
defendant is a 
sex 
offender or a sexually violent predator. 
A person who the court 
determines is a sex offender or a sexually violent predator shall 
register according to this subchapter.' 
Further amend the bill in section 8 in that part designated 
"§11223." in the first paragraph in the 4th line (page 3, line 36 
in L.D.) 
by inserting after the following: 
"convicted" 
the 
following: 
'and sentenced' 
Further amend the bill in section 8 in that part designated 
"§11224." in the first paragraph in the 4th line (page 4, line 4 
in L.D.) 
by inserting after the following: 
"convicted" the 
following: 
'and sentenced' 
Further amend the bill by inserting after section 8 the 
following: 
'Sec. 9. 34-A MRSA §11228 is enacted to read: 
§11228. 
Certification by record custodian 
Notwithstanding 
any 
other 
law 
or 
rule 
of 
evidence, 
a 
certificate by the custodian of the records of the bureau, when 
signed and 
sworn to 
by that custodian, 
is admissible in a 
judicial or administrative proceeding as prima facie evidence of 
any fact stated in the certificate or in any documents attached 
to the certificate.' 
Further amend the bill by relettering 
nonconsecutive 
Part 
letter 
or 
section 
consecutively. 
or renumber ing any 
number 
to 
read 
COMMITTEE AMENDMENT 
~.~S' 
COMMITTEE AMENDMENT .. ~ 
.. to H.P. 1107, L.D. 1514 
SUMMARY 
This 
amendment 
is 
the 
majority 
report. 
The 
amendment 
addresses an evidentiary issue by creating a provision that is 
similar to that authorizing the 
Secretary of State to use 
computer transcripts as evidence. 
This amendment specifies that 
a signed and sworn certificate by the custodian of the records of 
the Department of Public Safety, Bureau of State Police, State 
Bureau 
of 
Identification 
is 
admissible 
in 
a 
judicial 
or 
administrative proceeding as prima facie evidence of any fact 
stated in the certificate or in any documents attached to the 
certificate. 
This 
change eliminates 
the 
need to bring the 
custodian of the records 
to the court. 
The 
amendment also 
clarifies that a court determines at the time of sentencing 
whether a person is a sex offender or sexually violent predator. 
The amendment also adds a mandate preamble to the bill. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 05/08/03 ~ac:.. 
Office of Fiscal and Program Review 
LD 1514 
An Act to Amend the Sex Offender Registration and Notification Laws 
LR2001(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Exempt State Mandate 
State Mandate 
New or Expanded Activity 
This bill requires county jails to provide notification to the Department of Public 
Safety, State Bureau of Identification, of a sex offender's or sexually violent 
predator's conditional release or discharge from their facility. The additional costs 
of the state mandate are expected to be minor. Pursuant to the Mandate Preamble, 
the two-thirds vote of all members elected to each House exempts the state from the 
constitutional requirement to fund 90% of the additional local costs. 
LR2001(2) - Fiscal Note - Page 1 of 1 
Unit Affected 
County 
Costs 
Insignificant