An Act To Amend the Maine Criminal Code and Motor Vehicle Laws as Recommended by the Criminal Law Advisory Commission LR 2693(03)
Maine Legislature, Session 121, LD 1844
Committee Amendment CA_B_H854 (House)
Amends: 17-A MRSA §1252

COMMITTEE AMENDMENT "8,, to H.P. 1370, L.D. 1844, Bill, "An 
Act To Amend the Maine Criminal Code and Motor Vehicle Laws as 
Recommended by the Criminal Law Advisory Commission" 
Amend 
the 
bill 
in 
section 
in 
that 
"§1158-A." by striking out all of subsection 2 
its place the following: 
part 
designated 
and inserting in 
, 2. 
Except as provided in subsection 3, 
a court may not 
order 
the 
forfeiture 
of 
a 
firearm 
otherwise qualifying 
for 
forfei ture 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 L 
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 
COMMITTEE AMENDMENT 
~.('}~ 
COMMITTEE AMENDMENT "6,, 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 I-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' 
Further amend the bill in section 10 by striking out all of 
paragraph A (page 7, lines 7 to 13 in L.D.) and inserting in its 
place the following: 
'A. 
In the case of a Class A crime, except as otherwise 
specified in paragraph A-I. the court shall set a definite 
period not to exceed -4Q-
2Q yearsT--~h~-~~-~y-e9Bsiae~ 
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maHim~-pe~~~~-~--b&G&~~~~-iB-eH€e66-~-~-~a~&-BaSea 
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se~i9~s-e~imiBal-bis~9~y-9E-~be-aeEeBaaB~;' 
Further amend the bill by inserting after section 10 the 
following: 
'Sec. 11. 17-A MRSA §1252, sub-§2, ~A-1 is enacted to read: 
A-I. 
In the case of the following Class A crimes, the court 
shall set a definite period not to exceed 40 years: 
(1) 
Attempted murder under section 152, subsection 1, 
paragraph A: 
(2) 
Felony murder under section 202; 
(3) 
Manslaughter 
under 
section 
203, 
subsection 
1, 
paragraph A: 
COMMITTEE AMENDMENT 
~,ti\~ 
COMMITTEE AMENDMENT ./J .. to H.P. 1370, L.D. 1844 
(4) 
Elevated aggravated assault under section 208-B; 
(5) 
Gross sexual assault under section 253, subsection 
l.L 
(6) 
Kidnapping 
under 
section 
301, 
subsection 
1, 
paragraph A, subparagraph (2), (3) or (4): 
(7) 
Robbery under section 651, subsection 1, paragraph 
C or D; 
( 8) 
Arson under section 802 , subsection 1, paragraph 
B, 
subparagraph 
(2) 
only when the 
actor recklessly 
endangers another person: and 
(9) 
Causing 
a 
catastrophe 
under 
section 
803-A, 
subsection 2.' 
Further amend the 
nonconsecutive 
Part 
consecutively. 
bill by relettering 
letter 
or 
section 
SUMMARY 
or renumbering any 
number 
to 
read 
This amendment is the minority 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, adds the Class D crime of criminal restraint to crimes 
involving domestic violence for purposes of 2-year sentences of 
probation and eliminates the 2-tier sentencing system for Class A 
crimes. 
The 
amendment 
eliminates 
the 
constitutional 
doubts 
raised by our 2-tier system for Class A crimes by enumerating 
certain Class A crimes or certain forms of Class A crimes for 
which a 40-year ceiling is authorized. 
All other Class A crimes, 
or forms of Class A crimes, are subject to a 20-year sentencing 
ceiling. 
The Class A crimes and forms of Class A crimes to 1~hich 
the 40-year ceiling has application are of a similar nature and 
constitute 
the 
most 
serious 
antisocial 
and violent Class 
A 
crimes. 
Given the nature of those included, even in the absence 
of serious criminal history or other aggravating circumstances of 
the offender, a period of incarceration in excess of 20 years may 
properly be merited based upon the particular circumstances of 
the crime as committed by the offender when compared against all 
possible means of committing that crime. 
FISCAL ~OTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/26/03 .:tvac:.. 
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 
LR 2693(03) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Minority Report 
Fiscal Note 
Minor cost increase - General Fund 
Correctional and Judicial Impact Statements: 
Clarifies probation for certain Class D and E crimes 
Clarifies criteria for sentences for certain Class A crimes 
LR2693(3) - Fiscal Note - Page 1 of 1