An Act To Establish the Arsonist Registration Act (AFTER DEADLINE)
Maine Legislature, Session 122, LD 1550
Committee: Criminal Justice and Public Safety
Sponsors: MAZUREK, CROSBY, HOGAN, MARLEY, PARADIS, PINGREE, RECTOR, RICHARDSON, SAMPSON

Legislative Document 
No. 1550 
H.P.1091 
House of Representatives, April 5,2005 
An Act To Establish the Arsonist Registration Act 
(AFTER 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 MAZUREK of Rockland. 
Cosponsored by Senator SA V AGE of Knox and 
'7J1~ /J7. 7lldC~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CROSBY of Topsham, HOGAN of Old Orchard Beach, MARLEY of 
Portland, PARADIS of Frenchville, PINGREE of North Haven, RECTOR of Thomaston, 
RICHARDSON of Warren, SAMPSON of Auburn. 
Prinh:u un Tt'cydt'u paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 34-A MRSA c.17 is enacted to read: 
CHAPTER 17 
ARSONIST REGISTRATION' ACT 
§11301. 
Short title 
This 
chapter 
may 
be 
known 
and cited as 
"the Arsonist 
Registration Act. " 
§11302. 
Definitions 
As 
used 
in this 
chapter, 
unless 
the 
context otherwise 
indicates, the following terms have the following meanings. 
1. 
Arsonist. 
"Arsonist" means a person who is convicted of 
one of the following offenses or of an attempt or solicitation of 
one of the following offenses: 
A. 
A violation under Title 17-A, section 802, 803-A or 804 
or chapter 41: 
B. 
A violation under former Title 17, chapter 7, 8 or 21: or 
C. 
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 
paragraph A or B: 
For purposes of this subsection, "arsonist" also means a person 
who 
was found not criminally responsible by reason of mental 
disease or defect for an offense under paragraph A or B pursuant 
to Title 17 A, section 40 or who was found not guilty by reason 
of insanity or similar provision for an offense under paragraph 
C. 
"Arsonist" includes a person adjudicated as a juvenile in the 
State 
or 
another 
jurisdiction 
that 
includes 
the 
essential 
elements of an offense listed in paragraph A or B. 
2. 
Arson offense. 
"Arson offense" 
includes 
any offense 
listed under subsection 1, paragraph A, B or C. 
3. 
Bureau. 
"Bureau" 
means 
the 
State 
Bureau 
of 
Identification. 
4. 
Law 
enforCement 
agency 
having 
jurisdiction. 
"Law 
enforcement agency having jurisdiction" means the chief of police 
Page l-LR2144(l) 
in each of the municipalities in which an arsonist intends to be 
domiciled, work or attend school upon registration or the county 
sheriff if an arsonist intends to be domiciled, work or attend 
school upon registration in a municipality with no chief of 
police or in the unorganized territory. If an arsonist attends or 
is domiciled at a school that has an organized police department, 
the 
law enforcement agency having jurisdiction is the 
campus 
police department. 
§11303. 
Maintenance of arsonist registry 
1. 
Maintenance of registry. 
The bureau shall establish and 
maintain a registry of arsonists required to register pursuant to 
this 
chapter. 
The 
registry 
must 
include 
the 
following 
information on each arsonist: 
A. 
The arsonist's name, aliases, date of birth, sex, race, 
height, weight, eye colQr, mailing address, home address Qr 
expected domicile and residence: 
B. 
Place 
of 
employment 
and 
college 
or 
school 
being 
attended, if applicable, and the corresponding address and 
location: 
C. 
Offense history: 
D. 
Notation 
Qf 
any 
treatment 
received 
for 
a 
mental 
abnormality or personality disorder: 
E. 
A photograph and set of fingerprints: 
F. 
A description Qf the offense for which the arsonist was 
convicted, the date of conviction and the sentence imposed: 
and 
G. 
Any other information the bureau determines important. 
2. 
National or regional registry. 
The bureau is authorized 
to 
make 
the 
registry available to 
and accept files 
from 
a 
national or regional registry Qf arsonists for the purpose of 
sharing information. 
3. 
Registration 
form. 
The 
bureau 
shall 
develop 
a 
standardized registration 
form 
to 
be 
made 
available 
to 
the 
appropriate 
reporting 
authorities 
and 
arsonists 
required 
to 
register. 
4. 
Verification form~'L-_T~h~e~~b~u~r~e~a~u~s~h~a~l~l~d~e~v~e~l~Q~p~~a~n~d~m~a~i~l~a 
nonforwardable verification form to the last reported mailing 
address 
of 
each arsonist 
required 
to 
meet 
the verification 
requirements of subsection 8. 
5. 
Distribution of 
information 
to 
department 
and 
law 
enforcement agencies. 
The bureau shall distribute information 
described in subsection 1 to the department and law enforcement 
agencies having jurisdiction over the address and location of the 
arsonist's domicile, place of employment and college or school 
being atten..ruuh 
6. 
Criminal justice !!qency access to information. 
The 
bureau shall provide 
access 
to 
the 
information described in 
subsection 1 to a criminal justice agency. 
For purposes of this 
subsection, "criminal justice agency" has the same meaning as in 
Title 16, section 611, subsection 4. 
7. 
Transfer of ini_ti~~~Uon information to 
b~,;-~aJ~ 
and 
FBI. 
The 
department, 
county 
jail, 
state mental 
health 
institute or court within 3 days of receipt of the information 
described in subsection 1 shall forward the information to the 
bureau. 
If the court o~~he arsonist to subm~to the taking 
of fingerprints and a photograph at a specified law enforcement 
agency, the law enforcement agency shall submit the fingerprints 
and photograph to the bureau within 3 days. 
The bureau shall 
immediately enter the iniQD!lation inY>. the registration systeJIL... 
notify the law enforcement agency having jurisdiction where the 
arsonist expects to be domiciled and transmit the information to 
the Federal Bureau of Invest~ion for inclusion in the national 
database of the Federal Bureau of Investigation. 
8. 
Verification. 
During the period an arsonist is required 
to register, 
the bureau shall verify an arsonist's domicile 
pursuant to subsection 4. The bureau shall verify the domicile of 
an 
arsonist 
on 
each 
anniversary 
of 
the 
arsonist's 
initial 
registration date. Verification of the domicile of an arsonist 
occurs as set out in this subsection. 
A. 
At least 10 days prior to the required verification 
date, the bureau shall mail a nonforwardable verification 
form to the last reported mailing address of the arsonist. 
B. 
The verification form must state that the arsonist is 
still domiciled at the address last reported to the bureau. 
C. 
The arsonist shall ~ke th~mpletgd verification form 
and 
a 
photograph 
to 
the 
law 
enforcement 
agency 
having 
jurisdiction within 5 days of receipt of the form. 
D. 
The 
law enforcement agency having jurisdiction shall 
verify the arsonist's identity, have the arsonist sign the 
verification 
form, 
take 
the 
arsonist's 
fingerprints, 
complete the law enforcement portion of the verification 
form and immediately forward the fingerprints, photograph 
and form to the bureau. 
9. 
Arsonist access to information. 
Pursuant to Title 16, 
section 620, the bureau shall provide all information described 
in subsection 1 to an arsonist who requests the arsonist's own 
information. 
10. 
Pyblic access to information. 
The information gathered 
under this section is confidential and may only be accessed by a 
law enforcement agency or oJJler authorized indiyidual in the 
State or in another state, except that the bureau shall furnish 
the registration information to the Department of Public Safety, 
State Fire Marshal's Office, which may post the information for 
the public on the Internet or other medi~ 
§11304. 
Duty to register 
1. 
Duty to register. 
An arsonist who has been conyicted of 
an arson offense within the past 10 years must register with t~ 
law enforcement agency haying jurisdiction in those areas where 
the registrant is domiciled, works or attends school within 24 
hours and the bureau within 5 days of becoming eligible under 
subsection 2 or after changing domicile, employment or school. 
Registration 
information must 
include 
the arsonist's 
current 
address, place of employment. including the name and address of 
the employer, and school. 
2. 
Wh~p. duty 
t!)--.I:~gister must be exercised. An arsonist 
shall register as follows. 
A. 
If the arsonist has been sentenced to a wholly suspended 
sentence with probation or to a punishment alternatiye not 
involying imprisonment, the duty to register is triggered at 
the time the arsonist commences an actual execution of the 
wholly 
suspended 
sentence 
or 
at 
the 
time 
of 
sentence 
imposition 
when 
no 
punishment 
alternative 
inyolving 
imprisonment is imposed, unless the court orders a stay of 
execution, 
in which event the duty is triggered by the 
termination of the stay. 
B. 
If the arsonist is sentenced to a straight term of 
imprisonment or to a split sentence, the duty to register is 
triggered by discharge or conditional release. 
C. 
If the arsonist is committed under Title 15, section 
103, 
the duty to 
re~ster is triggered by discharge or 
conditional release under Title 15, section 104-A. 
D. 
If the arsonist has been domiciled, employed or has been 
attending school in another state, the duty to register is 
triggered when the arsonist becomes domiciled in the State 
or begins working or attending school in the State. 
3. 
Specific requirements 
Qf 
duty 
Qf 
registratiQn. 
An 
arsonist who registers under this chapter shall: 
A. 
If the arsonist changes domicile or changes 
residen~ 
place of employment or school being attended, give the new 
address to the bureau in writing within 5 days and within 24 
hours 
notify 
the 
law 
enforcement 
agencies 
having 
jurisdiction over 
the arsonist's old 
and 
new 
domicile, 
residence. place of employment or school: 
B. 
If the arsonist changes domicile 
to another state, 
register the new address with the bureau and if the new 
state 
has 
a 
registration 
requirement. 
register 
with 
a 
designated law enforcement agency in the new state not later 
than 5 days after establishing domicile in the new state: 
C. 
If the arsonist has part-time or full-time employment in 
another state, with or without compensation, for more than 
consecutive days or for an aggregate period exceeding 30 
days in a calendar year or if that arsonist enrolls in any 
type of school in another state on a part-time or full-time 
basis, give the bureau the arsonist's place of employment or 
school 
to 
be 
attended in writing within 
days 
after 
beginning work or attendin~~ol and, if the other state 
has a registration requirement, register with the designated 
law enforcement agency in the other state; 
D. 
Provide fingerprints aJlii~ftotograph of the arsonist or 
submit to the taking of fingerprints and a photograph at a 
specified 
law 
enforcement 
agency within 
days 
if the 
fingerprints and photograph have not already been obtained 
in 
connection 
with 
the 
offense 
that 
necessitates 
registration: and 
E. 
Read and sign a form provided by the bureau that states 
that the duty of the arsonist to register under this section 
has been explained. 
§11305. 
NQtificatiQn 
1. 
NQtificatiQn. 
The department. the county jail or the 
state mental health institute that has custody of an arsonist 
required 
to 
register 
under 
this 
chapter 
shall 
inform 
the 
arsonist, prior to discharge or conditional release, of the duty 
to 
register. 
If 
an 
arQQnist 
does 
not 
serve 
a 
period 
of 
institutional confinement, the court shall inform the arsonist at 
the time of sentencing of the duty to register. 
2. 
Information. 
The department, county jail, state mental 
health institute or court shall: 
A. 
Inform the arsonist of the duty to register and obtain 
the information required for the initial registration; 
B. 
Inform the arsonist of the requirement to notify the law 
enforcement agency haying jur isdiction pursuant to section 
11304; and 
C. 
Inform the arsonist of the specific requirements of the 
duty to register under section 11304, subsection 3. 
§11306. 
Duration of registration 
1. 
Ten-year 
registration 
period. 
An 
arsonist 
shall 
~ster for 
a period of 
years from the initial date of 
registration 
pursuant 
to 
section 
11304, 
subsection 
2; 
this 
prov~s~on applies 
also 
to 
an 
arsonist 
required 
to 
register 
because 
that arsonist established 
a 
domicile 
in this 
State 
.sJJllsequent to being convicted of an arson offense in another 
jurisdiction. An arsonist who was sentenced before the effective 
date of this Act shall register for a period of 10 years, to be 
calculated as follows. 
A. 
If the arsonist 
w~entenced to a wholly suspended 
sentence with probation or to a punishment alternative not 
involving imprisonment, 
the 10-year period is treated as 
having begun at the time the arsonist 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. 
B. 
If the arsonist 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. 
C. 
If the arsonist 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. 
D. 
If 
the 
arsonist's 
duty 
to 
register 
has 
not 
been 
triggered before that time, 
the 10-year period commences 
upon registration by the person in compliance with section 
11304, subsection 2. 
2. 
Periods 
.Qe~n~ __ ~d8Qmi~j_~~d 
outside 
of 
St~.~ 
Notwithstanding subsection 1, 
during any period in which 
an 
arsonist leaves the State, establishes a 
domicile in another 
state or remains physically absent from the State the bureau may 
toll the requirement that an arsonist register. 
3. 
Periods 
of 
incar~ration 
or 
civil 
Notwithstanding 
subsection 
L 
the 
bureau 
may 
requirement 
that 
an 
arsonist 
register 
during 
incarceration or civil confinement. 
confinement. 
suspend 
the 
periods 
of 
4. 
Relief 
from 
duty 
to 
req~ter. 
If 
the 
underlying 
conviction for an arson offense requiring registration under this 
chapter is reversed, vacated or set aside, or if the arsonis~ 
pardoned for the offense, registration or continued registration 
as an arsonist is no longer required. 
§11307. 
Fee 
The bureau may 
charge 
a 
$25 
annual 
fee to an arsonist 
required to register under this chap.ter. An arsonist shall pay 
the fee at the time of initial registration and shall pay the fee 
on each anniversary of the arsonist's initial registration. The 
fee must be credited to the General Fund and the Highway Fund in 
.an. amount consistent with currently budgeted appropriations and 
allocations. 
§11308. 
Violation 
1. 
Failure to register-2.~_qpMte in{g .. mation. 
An arsonist 
who fails to register or update the information required under 
this chapter commits a Class D crime. 
2. 
Failure to regisJ;:er or update informatioIU 
2DCL_Q.f.fmu~~ ... 
An 
arsonist who 
fails to register or update the information 
required under this chapter when the arsonist has 
one prior 
conviction for failure to register or update the information 
required under this chapter commits a Class D crime. 
3. 
Failure to register or 
qpdate 
info~tion; 3rd or 
subsequent offense. 
An ~nist who fails to register or update 
the information required under this chapter when the arsonist has 
or more prior convictions in this State for violation of this 
chapter commits a Class C 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 conviction. 
Title 17 -A, section 9-A governs the 
use of prior conviction when determining a sentence. 
§11309. 
Certification by record custodian 
Notwithstanding 
any 
other 
law 
or 
rule 
of 
evidence, 
a 
certificate by the custodian of the records of the bureau, when 
~~gned and 
sworn 
to 
by that custodian, 
is admissible in 
a 
judicial or administrative proceeding as prima facie evidence of 
any fact stated in the certificate or in any documents attached 
to the certificate. 
§11310. 
Rules 
The bureau may adopt rules to carry out the purposes of this 
chapter. 
Rules adopted pursuant to this section are routine 
technical rules pursuant to Title 5, chapter 375, subchapter 2-A. 
SUMMARY 
This 
bill creates 
the 
Arsonist 
Registration 
Act, 
which 
requires a person convicted of an arson offense to register with 
the State Bureau of Identification and the law enforcement agency 
having 
jurisdiction 
over 
the 
arsonist's 
domicile, 
place 
of 
employment 
and 
school. 
The 
information is available to 
law 
enforcement agencies and registries in other jurisdictions and is 
also provided to the Department of Public Safety, Office of the 
State Fire Marshal, 
who 
may post this information for public 
access 
on an Internet website or other medium. 
An 
arsonist 
convicted of an arson offense must remain registered for 10 years 
after the duty to register is incurred.