An Act To Strengthen Probation Requirements for Convicted Sex Offenders
Maine Legislature, Session 122, LD 0554
Committee: Criminal Justice and Public Safety
Sponsors: BERUBE, SNOWE-MELLO, BROWNE, JACOBSEN, LANSLEY, SHIELDS, SYKES, VAUGHAN

Legislative Document 
No. 554 
H.P.409 
House of Representatives, February 3, 2005 
An Act To Strengthen Probation Requirements for Convicted Sex 
Offenders 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative BERUBE of Lisbon. 
'7J1~ 1/1. 7l!Q£~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Senator SNOWE-MELLO of Androscoggin and 
Representatives: BROWNE of Vassalboro, JACOBSEN of Waterboro, LANSLEY of Sabattus, 
SHIELDS of Auburn, SYKES of Harrison, VAUGHAN of Durham. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 17·A MRSA §1202, sub·§I-A, as amended by PL 2003, c. 
711, Pt. A, §12 and Pt. B, §§14 to 16, is further amended to read: 
I-A. 
Notwithstanding subsection 1: 
A. 
If the State pleads and proves that at the time of the 
crime the victim had not attained 12 years of age, 
the 
period of probation for a person convicted under chapter 11 
or 12 may not exceed: 
(1) 
Eighteen years for a Class A crime; 
(2) 
Twelve years for a Class B crime; and 
(3) 
Six years for a Class C crime; 
A-I. 
If the State pleads and proves that the person was 
convicted of committing against a family or household member 
a crime under chapter 9 or 13 or section 554 or if the 
person was convicted under chapter 11 or 12 or section 556, 
the period of probation may not exceed: 
(1) 
Six years for a Class A crime; or 
(2) 
Four years for a Class B or Class C crime. 
As used in this paragraph, "family or household member" has 
the same meaning as in Title 19-A, section 4002, subsection 
4; aBa 
B. 
The period of probation is life for a person sentenced 
as 
a 
repeat sexual assault offender pursuant to section 
1252, subsection 4-B is-aBy-~e~m-e£-yea~s; aBa 
B-1. 
The period of probation is life for a person convicted 
under 
former 
Title 
17, 
section 
2922; 
former 
Title 
17, 
section 2923; 
former Title 17, section 2924; chapter 11; 
chapter 12; 
former section 255; 
section 301, 
unless the 
actor is a parent of the victim; section 302, unless the 
actor is a parent of the victim; section 511, subsection 1, 
paragraph 
D; 
section 
556; 
section 
852, 
subsection 
1, 
paragraph B; section 855; or a violation of an offense in 
another 
jurisdiction, 
including, 
but 
not 
limited to, 
a 
state, federal, military or tribal court, that includes the 
essential elements of an offense listed in this paragraph, 
and who 
has previously been convicted and sentenced for 
committing one of the crimes in this paragraph; and 
Page l-LR0655(1) 
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 
sexual 
assault, 
rape 
or 
gross 
sexual 
misconduct against a victim who had not attained 12 years of 
age, the period of probation ffiay-ae ~ life eF-~-~~~-e~ 
yeaFs. 
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. 
SUMMARY 
This bill increases the period of probation to life for 
persons convicted of more than one sex offense.