An Act To Amend the Maine Juvenile Code
Maine Legislature, Session 122, LD 0242
Committee Amendment CA_A-HA_A_H125 (House)
Amends: 15 MRSA §3105-A

HOUSE AMENDMENT .. II .. to COMMITTEE AMENDMENT "A" to H.P. l8l, 
L.D. 242, Bill, "An Act To Amend the Maine Juvenile Code" 
Amend the amendment by striking out all of the 2nd, 3rd and 
4th indented paragraphs after the title (page 1, lines 24 to 37 
in amendment) and inserting in their place the following: 
'Further amend the bill by striking out all of sections 4 
and 5 and inserting in their place the following: 
'Sec. 4. 15 MRSA §3105-A, sub-§l, as enacted by PL 1987, c. 
222, §2, is amended to read: 
1. 
Expiration of limitation; defense. 
It is a defense that 
prosecution was commenced after the expiration of the applicable 
period of limitations provided in this section, pF9v,ie.ee. except 
that a prosecution for the juvenile crime of murder or cr iminal 
homicide in the first or 2nd degree may be commenced at any 
time. 
It is a defense that prosecution was commenced after the 
expiration of the applicable period of limitations provided in 
this section, except that if the victim had not attained 16 years 
of age at the time of the crime and the juvenile had attained 16 
years of age, a prosecution for the juvenile crime of unlawful 
sexual contact under Title 17 -A, former section 255 or section 
255-A or gross sexual assault under Title 17-A, section 253 may 
be commenced at any time if the attorney for the State first 
presents evidence based on DNA, 
as defined in section 2136, to 
the court in a closed hearing that implicates the defendant in 
the crime by a preponderance of the evidence. 
Page I-LRI856(4) 
HOUSE AMENDMENT 
.. 
~,. 
HOUSE AMENDMENT ,,{Jr.. to COMMITTEE AMENDMENT "A" to H.P. 181, L.D . 
Sec. 5. 15 MRSA §3105-A, sub-§2, ,C, as amended by PL 1995, c. 
470, §5, is further amended to read: 
C. 
A prosecution for conduct specified in section 3103, 
subsection L 
paragraph B, 
C, 
D, 
E 
9F.L,. 
F QL....H must be 
commenced within one year after it is committed.' • 
Further amend the amendment in section 8 by striking out all 
of the first paragraph (page 2, lines 14 to 18 in amendment) and 
inserting in its place the following: 
. Sec. 8. Application. 
That section of this Act that amends 
the Maine Revised Statutes, Title 15, section 3105-A, subsection 
applies to the following juvenile crimes in which the victim 
had not attained 16 years of age at the time of the crime and the 
juvenile had attained 16 years of age:' 
SUMMARY 
This amendment removes language that eliminates the statute 
of limitations for the juvenile crimes of unlawful sexual contact 
and gross sexual assault in cases in which the victim had not 
attained 16 years of age at the time of the crime and the 
juvenile had attained 16 years of age. 
The amendment provides 
instead that the statute of limitations does not apply to such 
crimes if the attorney for the State first presents evidence 
based on DNA to the court in a closed hearing that implicates the 
defendant in the crime by a preponderance of the evidence. 
SPONSORED BY: 
TOWN: 
Bangor 
HOUSE 
i. '\OTE REQUlRED 
l See Attached) 
AMENDMENT 
Approved: 04/07/05 ~ac 
LD242 
LR 1856(04) 
An Act To Amend the Maine Juvenile Code 
Fiscal Note for House Amendment" " to Committee Amendment" " 
Sponsor: Rep. Faircloth 
Fiscal Note Required: Yes 
Fiscal Note 
Minor savings - General Fund 
Correctional and Judicial Impact Statements 
This amendment will reduce the number of new cases the committee amendment would have allowed. Overall, the 
bill as amended would continue to result in an increase in filings of the juvenile crime of unlawful sexual contact and 
gross sexual assault 
LR1856(4) - Fiscal Note - Page 1 of 1