An Act Regarding the Sentencing of Persons Convicted of Gross Sexual Assault against Victims under 12 Years of Age (AFfER DEADLINE)
Maine Legislature, Session 122, LD 2108
Committee: Criminal Justice and Public Safety
Sponsors: GERZOFSKY, BRENNAN, CHURCHILL, GREELEY, GROSE, HANLEY, PARADIS, SYKES
Amends: 17-A MRSA §1252

Legislative Document 
No. 2108 
H.P.1499 
House of Representatives, April 11,2006 
An Act Regarding the Sentencing of Persons Convicted of Gross 
Sexual Assault against Victims under 12 Years of Age 
(AFfER DEADLINE) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative GERZOFSKY of Brunswick. 
Cosponsored by Senator BRENNAN of Cumberland and 
1J1~ 
1/1. 7T/11C~ 
MILLICENT M. MacFARLAND 
Clerk 
Representati ves: BLANCHETTE of Bangor, CHURCHILL of Washburn, GREELEY of 
Levant, GROSE of Woolwich, HANLEY of Gardiner, PARADIS of FrenchviIIe, PLUMMER 
. of Windham, SYKES of Harrison. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 17-A MRS A §1202, sub-§l-A, ~C, 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 and that the 
defendant has previously Been convicted and sentenced for committing gross se,mal 
assault, rape or gross sexual misconduct against a victim who had not attained 12 
years of age, the period of probation may Be i§. life or any term of years following a 
term of imprisonment under section 1252, 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 MRS A §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 section 253, sUBsection I, 
paragraph G or under 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 MRSA §1252, sub-§4-E is enacted to read: 
4-E. If the State pleads and proves that a crime under section 253 was committed 
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 
determining the basic term of imprisonment pursuant to section 1252-C, the court shall 
select a period of 20 years. 
SUMMARY 
This 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. 
This bill 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 NOTE 1~£<..!URED 
(See attached) 
Approved: 04110/06 ~ac:.. 
LD O? JO 8 
LR 3275(01) 
An Act Regarding the Sentencing of Persons Convicted of Gross Sexual Assault Against Victims 
Under 12 Years Of Age 
Fiscal Note for Original Bill 
Sponsor: Rep. Gerzofsky 
Committee: Not Referred 
Fiscal Note Required: Yes 
Fiscal Note 
Potential increase of future biennium cost - General Fund 
Correctional and Judicial Impact Statements: 
Establishing a required start period of imprisonment at 20 years, allowing the court to increase or decrease the term of 
imprisonment depending on certain relevant factors and requiring electronic monitoring for probation will increase 
future correctional costs. The cost of electronic monitoring is estimated to be $12 per day per person or $6 per day per 
person depending on whether real time information is required or delayed. 
LR3275(l) - Fiscal Note - Page 1 of 1