An Act To Protect Incompetent Dependents Further amend the bill by striking out everything after the enacting clause and before the summary and inserting in its place the following: Sec. 1. 17-A MRSA §555, as amended by PL 2001, c. 111, §l, is repealed and the following enacted in its place: §555. Endangering welfare of dependent person 1. A person is guilty of endangering the welfare of a dependent person if: A. The person recklessly endangers the health. safety or mental welfare of a dependent person who is unable to perform self-care because of advanced age or physical or mental disease. disorder or defect. Violation of this paragraph is a Class D crime; or B. The person intentionally or knowingly endangers the health. safety or mental welfare of a dependent person who is unable to perform self-care because of advanced age or physical or mental disease. disorder or defect. Violation of this paragraph is a Class C crime. Page 1-LR0558(2) COMMITTEE AMENDMENT
Maine Legislature, Session 122, LD 1152
Committee Amendment CA_A_H324 (House)
Amends: 17-A MRSA §555

COMMITTEE AMENDMENT" A to H.P. 795, L.D. 1152, Bill, "An 
Act To Protect Certain Elderly or Incompetent Dependents" 
Amend the bill by striking out the title and substituting 
the following: 
'An Act To Protect Incompetent Dependents' 
Further amend the bill by striking out everything after the 
enacting clause and before the summary and inserting in its place 
the following: 
'Sec. 1. 17-A MRSA §555, as amended by PL 2001, c. 111, §l, 
is repealed and the following enacted in its place: 
§555. 
Endangering welfare of dependent person 
1. 
A person is guilty of endangering the welfare of a 
dependent person if: 
A. 
The person recklessly endangers the health. safety or 
mental welfare of 
a 
dependent person who 
is unable 
to 
perform self-care because of advanced age or physical or 
mental 
disease. 
disorder 
or defect. 
Violation 
of 
this 
paragraph is a Class D crime; or 
B. 
The 
person intentionally or 
knowingly endangers 
the 
health. safety or mental welfare of a dependent person who 
is unable to perform self-care because of advanced age or 
physical or mental disease. disorder or defect. 
Violation 
of this paragraph is a Class C crime. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'A" to H.P. 795, L.D. 1152 
2. 
As used in this section. "endangers" includes a failure 
to act only when the defendant has a legal duty to protect the 
heal th, safety or mental welfare of the dependent person. 
For 
purposes of this section, a legal duty may be inferred if the 
defendant 
has 
assumed 
responsibility 
for 
the 
care 
of 
the 
dependent person.' 
SUMMARY 
This amendment replaces the bill and repeals and replaces 
the Class D crime of endangering the welfare of a 
dependent 
person with 2 crimes based on the defendant's culpable state of 
mind. 
A person who intentionally or knowingly endangers the 
welfare of a dependent person commits a Class C crime, and a 
person who recklessly endangers the welfare of a dependent person 
commits a Class D crime. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
• 
f 
Approved: 04/27/05 ;t!;?ae 
LD 1152 
LR0558(02) 
An Act To Protect Certain Elderly or Incompetent Dependents 
Fiscal Note for Bill as Amended by Committee Amendment ,f}" 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes new Class C & D crimes; increases correctional and judicial costs. 
The collection of additional fines may also increase General Fund revenue by minor amounts 
LR0558(2) - Fiscal Note - Page 1 of 1