An Act To Create Mandatory Minimum Sentences for Persons Convicted of Certain Sex Offenses against Victims under 12 Years of Age
Maine Legislature, Session 122, LD 1717
Committee Amendment CA_A-HA_A_H1021 (House)
Amends: 17-A MRSA §1202, 17-A MRSA §1252

HOUSE 
AMENDMENT "/I-,, to COMMITTEE 
AMENDMENT 
"A" to H. P • 
1224, 
L.D. 
1717, Bill, 
"An Act To 
Create Mandatory Minimum 
Sentences for Persons Convicted of Certain Sex Offenses against 
Victims under 12 Years of Age" 
Amend the amendment in the first paragraph after the title 
(page 1, lines 23 
to 
in amendment) 
by striking out the 
following: 
"in section 1 in paragraph C in the 3rd to 7th lines 
(page 1, lines 8 to 12 in L.D.) by striking out the following: 
"and 
that 
the 
defendant 
has 
previously been 
convicted 
and 
sentenced for committing gross sexual assault, rape or gross 
sexual misconduct against a victim who had not attained 12 years 
of age" and inserting in its place the following: 
'aaEi-~kat-~ke 
Eie~eaEiaat--~-~~~~--&eea--€eR¥4€~eQ--~-~--~eF 
eemmit~ia§-~~e6£-~-~&&aa~&r-Fape-e£-~~~~~~-miseeaEiQet 
a§aiast-~-vietim-~-kaa-~--attaiaeEi-~-yeaFs-~--a§e' .. and 
inserting 
in 
its 
place 
the 
following: 
'by 
striking 
out 
everything after the enacting clause and before the summary and 
inserting in its place the following: 
'Sec. I. 17-A MRSA §1202, sub-§I-A, 1lC, as enacted by PL 2003, 
c. 711, Pt. B, §16, is amended to read: 
C. 
In the case of a crime of gross sexual assault, if the 
State pleads and proves that at the time of the crime the 
victim had not attained 12 years of age aaa--tkat--tke 
ae~eRaaa~-~-p£e¥4eQ6~y-~-~~~~~~-aaEi-~~-~eF 
eemmi~~iR§--§Ee66--£eKQa.J.---as-&au.J.-t-.---C~--()'F--~F&&&---SeKQal 
miseeREiQet-a§aiB6~-a-~~~~~~~~~-&t~~-~b-y&aF&-e~ 
a§e, the period of probation may-se ~ life eF-~-~~-ef 
yeaFs following a term of imprisonment under section 1252, 
HOUSE AMENDMENT 
HOUSE 
AMENDMENT 
L.D. 1717 
"if, to COMMITTEE AMENDMENT 
.. A" to H. P. 1224, 
unless there is no term of imprisonment imposed, in which 
case the period of probation begins following conviction. 
In addition to any conditions imposed under section 1204, 
the court shall attach as a condition of probation that the 
convicted person participate in counseling or treatment to 
the satisfaction of the probation officer and that the 
person be subject to supervision by a probation officer that 
includes the best available monitoring technology for the 
duration of the term of probation. 
Sec. 2. 17-A MRSA §1252, sub-§4-D, as enacted by PL 2003, c. 
711, Pt. B, §20, is amended to read: 
4-D. 
If the State pleads and proves that a crime under 
seetieB--6-S.l-r-~-i-on--~7--pa!'~!'apA--C--~--l:lBQeF section 282, 
subsection 1, paragraph C or F was committed against a person who 
had not attained 12 years of age at the time of the offense, the 
age of the victim must be given serious consideration by the 
court in exercising its sentencing discretion. 
Sec.3. 17-A MRS A §1252, sub-§4-E is enacted to read: 
4-£. 
If the State pleads and proves that a crime under 
section 253 
was 
cpmmitted against a person who 
had not yet 
attained 12 years of age, the court. notwithstanding subsection 
2, shall impose a definite period of imprisonment for any term of 
years. 
In d~termining the basic term of imprisonment pursuant to 
section 1252-C, the court shall select a period of 20 years.' , 
SUMMARY 
This amendment replaces the bill with the essential elements 
of L.D. 2108. 
As amended, the bill requires a court, in a case involving 
gross sexual assault against a victim who has not yet attained 12 
years of age, to specify a term of imprisonment for any term of 
years, 
including a 
term that exceeds 30 years, 
which is the 
maximum 
allowed 
for 
a 
Class 
A 
crime. 
In 
making 
its 
determination, the court is required to start with a basic period 
of imprisonment of 20 years: using that term as a starting point, 
the court may then increase or decrease the term of imprisonment 
based 
upon 
all 
other 
relevant 
sentencing 
factors, 
both 
aggravating 
and mitigating, 
appropriate 
to that case. 
These 
sentencing factors include, but are not limited to, the character 
of the offender and the offender's criminal history, the effect 
of the offense on the victim and the protection of the public 
interest. 
HOUSE AMENDMENT 
HOUSE 
AMENDMENT "ff" to COMMITTEE 
AMENDMENT "A" to H.P. 1224, 
L.D. 1717 
This amendment also imposes probation for life for persons 
convicted of gross sexual assault against persons who have not 
attained 12 years of age and requires that these persons, when 
released from prison, be subject to supervision by the Department 
of 
Corrections 
that 
includes 
electronic 
monitoring 
for 
the 
duration of the probation. 
FISCAL SOTE REQ[IRED 
(See attached)_ 
SPONSORED BY, ;'7JZ J ?Y7Y--
(Representative SYKES) 
TOWN: 
Harrison 
HOUSE AMENDMENT 
Approved: 04/12/06 ~ae 
LD 1717 
LR 2770(15) 
An Act to Create Mandatory Minimum Sentences for Persons Convicted of Certain Sex Offenses 
against Victims under 12 Years of Age 
Fiscal Note for House Amendment 'tt' to Committee Amendment ''fo 
Sponsor: Rep. Sykes 
Fiscal Note Required: Yes 
Fiscal Note 
Potential decrease of future biennium cost - General Fund 
Correctional and Judicial Impact Statements: 
This amendment reduces the required start period of imprisonment from 25 years to 20 years, allows a court to 
increase or decrease the term of imprisonment depending on certain relevant factors and requires electronic 
monitoring for probation.· These changes may reduce the increased future correction~ costs the bill creates. 
LR2770(15) - Fiscal Note - Page 1 of 1