An Act to Improve Maine's Sex Offender Notification Laws
Maine Legislature, Session 122, LD 0390
Committee Amendment CA_A_H618 (House)
Amends: 34-A MRSA §11202, 34-A MRSA §11222, 34-A MRSA §11225-A, 34-A MRSA §11227

COMMITTEE AMENDMENT ,A" to H.P. 292, L.D. 390, 
Act To Improve Maine's Sex Offender Notification Laws" 
Bill, "An 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
. Sec. 1. 34-A MRSA §11202, as repealed and replaced by PL 
2003, c. 711, Pt. C, §5 and affected by Pt. D, §2, is repealed 
and the following enacted in its place: 
§11202. 
Application 
This chapter applies to: 
1. 
Maine. 
A person sentenced in this State on or after 
January 1, 1982 for a sex offense or a sexually violent offense 
as an adult or as a juvenile sentenced as an adult; and 
2. 
Other jurisdictions. 
A person sentenced in another 
jurisdiction as an adult or as a juvenile sentenced as an adult: 
A. 
At any time of an offense that requires registration in 
the 
jurisdiction 
of 
conviction 
l>ursuant 
to 
that 
jurisdiction's sex offender registration laws or that woulq 
have reguired registration had the person remained there; or 
Page l-LRI453(2) 
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COMMITTEE AMENDMENT "A" to H.P. 292, L.D. 390 
B. 
On or after January 1, 1982, of an offense that contains 
the same essential elements of a sex offense or sexually 
violent offense. 
Sec. 2. 34-A MRSA §11222,sub-§2-C is enacted to read: 
C. 
Duty of registrant sentenced from Janua:r:y L 
1982 to 
June 29, 
1992 to register. 
Notwithstanding subsection 1, 
a 
person who meets the definition of a 10-year registrant or a 
lifetime registrant who has been sentenced on or after January 1, 
1982 but before June 30, 1992 for a sex offense or a sexually 
violent offense shall register either as a la-year registrant or 
a lifetime registrant, whichever is applicable. with the bureau 
by October 15. 2005 if the duty to register has been triggered 
under subsection I-A, paragraph A, B or C, unless sooner notified 
in writing of a duty to register under subsection I-A, paragraph 
A, 
B or C by the bureau, the department or a 
law enforcement 
officer, in which case 
th~ person shall register with the bureau 
within 5 days of notice. 
Sec. 3. 34-A MRSA §11225-A is enacted to read: 
§11225-A. 
Duration of registration 
1. 
Ten-year registrant convicted and sentenced in State. 
The following provisions apply to a lO-year registrant convicted 
and sentenced in this State. 
A. 
A la-year registrant sentenced in this State on or after 
January L 
1982 whose duty to register must be exercised 
pursuant to section 11222. subsection I-A shall register for 
a period of 10 years. 
The la-year period COmmences from the 
date the person in fact initially registers once the legal 
duty arises under section 11222, subsection I-A. 
B. 
A la-year registrant sentenced in this State on or after 
June 
3a, 
1992 whose duty to register must be exercised 
pursuant to 
section 11222. 
subsection 
A or 
2-B 
or 
a 
la-year registrant sentenced in this State on or after 
January L 
1982 whose duty to register must be exercised 
pursuant to section 11222, subsection 2 C shall register for 
a period of 10 years. 
The la-year period is calculated as 
follows. 
(1) 
If the 
year registrant was 
sentenced to 
a 
wholly 
suspended 
sentence 
with 
probation 
or 
administrative release or to a punishment alternative 
not 
involving 
imprisonment, 
the 
la-year 
period 
is 
treated 
as 
having 
begun 
at 
the 
time 
the 
person 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'A" to H.P. 292, L.D. 390 
commenced an actual execution of the wholly suspended 
sentence or at the time of sentence imposition when no 
punishment 
alternative 
involving 
imprisonment 
was 
imposed, unless the court ordered a stay of execution, 
in which event the 10-year period is treated as having 
begun at the termination of the stay. 
(2) 
If the 10-year registrant was 
sentenced to 
a 
straight term of imprisonment or to a split sentence, 
the 10-year period is treated as having begun at the 
time of discharge or conditional release. 
(3) 
If the 10-year registrant was 
committed under 
Title 15, section 103, the 10-year period is treated as 
having begun at the time of discharge or conditional 
release under Title 15, section 104-A. 
(4) 
If the 10-year registrant's duty to register has 
not yet been triggered, the 10-year period commences 
upon registration by the person in compliance with 
section 11222, subsection l-A, paragraph A, a or C. 
2. 
Ten-year registrant convicted and sentenced in another 
jurisdiction. 
The 
following 
prov~s~ons apply 
to 
a 
10-year 
registrant convicted and sentenced in another jurisdiction and 
required t9 register in this State pursuant to section 11223, 
section 11224 or both. 
A. 
A 10-year registrant shall register in this State for a 
period of 10 years if, pursuant to the other jurisdiction's 
sex offender registration statute, the registration period 
is for a period of years rather than for a lifetime. 
The 
lO-year period commences from the date the person in fact 
initially registers in this State once the legal duty to 
register arises under section 11223, section 11224 or both. 
However, 
the 
10-year registrant 
may 
receive 
day-for-day 
credit for the time actually registered pursuant to the 
other 
jurisdiction's 
sex 
offender 
registration 
statutes 
prior to registering in this State upon applying to the 
bureau for credit. 
The bureau may grant credit if the 
registrant provides sufficient documentation in accordance 
with any rules adopted by the bureau. 
B. 
A 10-year registrant shall register for a period of 10 
years if registration 
was 
not 
required 
in 
that other 
jurisdiction and 
the 
person 
was 
sentenced 
on 
or after 
January 1, 
1982 
in that jurisdiction for 
a 
crime that 
includes the essential elements of 
a 
sex offense. 
The 
10-year period is calculated by 
applying 
subsection 1, 
paragraph a, subparagraphs (1) to (4) but interpreted and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT A 
.. to H. P. 292, L .0. 390 
applied 
to 
take 
into 
account 
substantially 
similar 
sentencing alternatives imposed in the other jurisdiction. 
3. 
Lifetime registrant convicted and sentenced in this 
State. 
A lifetime registrant sentenced on or after January l, 
1982 
in this State shall register for the duration of that 
registrant's life. 
4. 
Lifetime registrant convicted and sentenced in another 
jurisdiction. 
The 
following provisions 
apply 
to 
a 
lifetime 
registrant convicted and sentenced in another jurisdiction and 
required to register in this State pursuant to section 11223, 
section 11224 or both. 
A. 
A person shall register in this State for the duration 
of 
that 
person's 
life 
if, 
pursuant 
to 
that 
other 
jurisdiction's 
sex 
offender 
registration 
statute, 
the 
registration period is for a lifetime. 
B. 
A person shall register in this State for the duration 
of that person's life if no registration was required in 
that oth~r jurisdiction and the person was sentenced on or 
after January 1, 1982 in that jurisdiction for a crime that 
includes 
the 
essential 
elements 
of 
a 
sexually 
violent 
offense or the person has 2 or more prior convictions in 
that or any other jurisdiction for an offense or for an 
attempted offense that includes the essential elements of a 
sex offense or a sexually violent offense. 
5. 
Periods 
when 
domiciled 
or 
residing outside 
State. 
Notwithstanding subsections 1 and 3, during any period in which a 
la-year registrant or lifetime registrant leaves this State, 
establishes a domicile or residence in another state and remains 
physically absent from this State, the bureau, pursuant to any 
rules the bureau may adopt. may suspend the requirement that the 
la-year registrant or lifetime registrant verify registration 
information. 
6. 
Relief from duty to register. 
The following provisions 
apply to a la-year registrant's or lifetime registrant's duty to 
register. 
A. 
A la-year registrant's duty to register for a period of 
years pursuant to subsection 2 is not required if the 
circumstances triggering the registration requirements under 
section 11223, section 11224 or both no longer exist. 
B. 
A 
lifetime 
registrant's 
duty 
to 
register 
for 
the 
duration of that person's life pursuant to subsection 4 is 
not 
required 
if 
the 
circumstances 
triggering 
the 
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~t:o. 
~ 
COMMITTEE AMENDMENT ·A" to H.P. 292, L.D. 390 
registration requirements under section 11223, section 11224 
or both no longer exist. 
C. 
If the underlying conviction in this State or in another 
jurisdiction that triggers the registration requirement is 
reversed, vacated or set aside, 
or if the registrant is 
pardoned for the crime, registration is no longer reguired. 
Sec. 4. 34-A MRSA §11227, as amended by PL 2003, c. 711, Pt. 
C, §25 and affected by Pt. D, §2, is repealed and the following 
enacted in its place: 
§11227. 
Violation 
1. 
Failure to comply: first offense. 
A person to whom this 
chapter applies 
p~rsuant to section 11202 who in fact fails to 
comply with any duty imposed-under this chapter or a rule adopted 
pursuant to this chapter commits a Class D crime. 
2. 
Failure to comply: 2nd offense. 
A person who has one 
prior conviction under this section and who in fact fails to 
comply with any duty imposed under this chapter or a rule adopted 
pursuant to this chapter commits a Class C crime. 
3. 
Failure to comply: 3rd offense. 
A person who has 2 or 
more prior convictions under this section and who in fact fails 
to comply with any duty imposed under this chapter or a rule 
adopted pur§uant to this chapter commits a Class B crime. 
4. 
Strict liability. 
Violation of this section is a strict 
liability crime as defined in Title 17-A, section 34, subsection 
4-A. 
5. 
Prior convictions. 
Title 17-A, section 9 A governs the 
use of prior convictions when determining a sentence. 
6. 
Affirmative defense. 
It is an affirmative defense that 
the failure to comply with a duty imposed under this chapter or a 
rule adopted pursuant to this chapter resulted from just cause, 
except that a person to whom section 11222, subsection 2-A, 2-B 
or 2-C applies may not raise a defense under just cause that the 
person was not aware of the registration reguirement.· 
SUMMARY 
This amendment replaces the bill. 
The amendment applies the 
requirements of the Sex Offender Registration and Notification 
Act of 1999 to persons sentenced in Maine on or after January 1, 
1982 for sex offenses or sexually violent offenses as adults or 
COMMITTEE AMENDMENT 
Is~· 
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COMMITTEE AMENDMENT ·A .. to H.P. 292, L.D. 390 
as juveniles sentenced as adults and to persons sentenced in 
another 
jurisdiction as 
adults or as 
juveniles 
sentenced as 
adults at any time for offenses that require registration in the 
jurisdiction of conviction pursuant to that jurisdiction' s 
sex 
offender 
registration 
laws, 
or 
that 
would 
have 
required 
registration had the persons 
remained there, or on or after 
January 1, 
1982 for offenses that contain the same essential 
elements of a 
sex offense or sexually violent offense. 
The 
amendment 
also 
changes 
the 
penalty section to 
specify that 
failure to comply with any duty imposed under the Sex Offender 
Registration and Notification Act of 1999 or a 
rule adopted 
pursuant thereto commits a Class D crime, for a 2nd violation a 
Class C crime and for a 3rd or subsequent violation a Class B 
crime. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05127/05 ;::b?ac:.. 
LD390 
LR 1453(02) 
An Act to Improve Maine's Sex Offender Notification Laws 
Fiscal Note for Bill as Amended by Committee Amendment 4" 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - General Fund 
Current biennium revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes new Class B, C and D crimes; increases judicial and correctional costs 
The collection of additional fines may increase General Fund revenue 
LR1453(2) - Fiscal Note - Page 1 of 1 
No appropriation-allocation section to add. 
LR1453(2) - App-Alloc - Page 1 of 1