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_C-HA_F_H1075 (House)

....-
HOUSE 
AMENDMENT "I- " to COMMITTEE 
AMENDMENT 
"C" 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 by striking out all of the first 4 lines 
after the title (page 1 lines 23 to 27 in amendment) 
Further amend the amendment in the 2nd indented paragraph 
after the title in the first line (page 1, line 29 in amendment) 
by striking out the following: "Further amend" and inserting in 
its place the following: 'Amend' 
Further amend the amendment by inserting before section 1 
the following: 
'Sec. I. 17·A MRSA §253-A is enacted to read: 
§253-A. 
Aggravated gross sexual assault 
1. 
Notwithstanding section 253, 
a 
person is guilty of 
aggravated gross sexual assault if that person engages in a 
sexual act with another person who has not in fact attained 12 
years 
of 
9ge 
and 
who 
submits 
as 
result 
of 
compulsion. 
Vio19tion of this subsection is 9 C19ss A crime. ' 
Further 
amend 
the 
amendment 
in section 
in §1231 
in 
subsection I-A in the 3rd line (page 2, line 1 in amendment) by 
inserting after the following: "paragraph C" the following: 
'or 
section 253-A' 
Page l-LR2770(19) 
HOUSE AMENDMENT 
HOUSE 
AMENDMENT 
.. f. to COMMITTEE 
AMENDMENT 
L.D. 1717 
"C" to H.P. 1224, 
Further 
amend 
the 
amendment 
in section 
in §123l 
in 
subsection 2 in paragraph B in the 2nd line (page 2, line 15 in 
amendment) by striking out the following: "or 4-E" and inserting 
in its place the following: " 
4-E or 4-F' 
Further 
amend 
the 
amendment 
in section 
in §l23l 
in 
subsection 2 in paragraph C in the 2nd line (page 2, line 21 in 
amendment) by inserting after the following: "4-E" the following: 
'or 4-F' 
Further amend the amendment by inserting after section 4 the 
following: 
'Sec. 5. 17·A MRSA §1252, sub·§4-F is enacted to read: 
4-F. 
In the case of a 
crime of aggravated gross sexual 
assault under section 253-A, the court, notwithstanding any other 
provision 
of 
this 
code, 
shall 
impose 
a 
ml.nl.mum 
term 
of 
imprisonment of 25 years, none of which may be suspended. 
When a 
person 
sentenced 
under 
this 
subsection 
is 
released 
from 
incarceration, the Department of Corrections shall supervise that 
person using the best available monitoring technplogy pursuant to 
section 1202.' 
Further amend the amendment by 
any 
nonconsecutive 
Part 
letter 
or 
consecutively. 
relettering or renumbering 
section 
number 
to 
read 
SUMMARY 
This amendment creates the new crime of aggravated gross 
sexual assault. 
A person is guilty of aggravated gross sexual 
assault if that person engages in a 
sexual act with another 
person who has not yet attained 12 years of age and who submits 
as 
a 
result of the use of physical force, 
a 
threat to use 
physical force or a 
combination thereof that makes the other 
person unable to physically repel the actor or produces in that 
other person a reasonable fear that death, serious bodily injury 
or kidnapping might be 
imminently inflicted upon that other 
person or another human being. 
A violation of aggravated gross 
sexual assault is subject to a minimum sentence of incarceration 
of 25 years, none of which may be suspended. 
When released from 
HOUSE AMENDMENT 
~ 
HOUSE 
AMENDMENT "y. to COMMITTEE 
AMENDMENT "c" to H.P. 1224, 
L.D. 1717 
prison, a person convicted of aggravated gross sexual assault is 
subject to supervision, including electronic monitoring, by the 
Department of Corrections for the duration of the probation. 
SPONSORED BY: 
FISCAL NOTE REQUIRED 
(See attached) 
(Representative 
TOWN: 
Newport 
HOUSE AMENDMENT 
Revised: 04/27/06 .w-ac 
LD 1717 
LR 2770(19) 
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 "/'" to Committee Amendment '& 
Sponsor: Rep. Tardy 
Fiscal Note Required: Yes 
Fiscal Note 
Potential future biennium cost increase - General Fund 
Correctional and Judicial Impact Statements 
This amendment keeps the term of imprisonment for a start period of 20 years adjusted up or down with electronic 
monitoring for life and adds a new crime of aggravated gross sexual assault with a minimum sentence of 25 years with 
electronic monitoring for the probation period.for certain acts involving submission as a result of compulsion The net 
fiscal effect of this amendment can not be determined but would most likely be an increase to the Department of 
Corrections. 
LR2770(l9) - Fiscal Note - Page 1 of 1