An Act To Implement Recommendations of the Criminal Law Advisory Commission
Maine Legislature, Session 122, LD 2001
Committee: Criminal Justice and Public Safety
Amends: 15 MRSA §393, 17-A MRSA §352, 17-A MRSA §760, 17-A MRSA §1058, 17-A MRSA §1152, 17-A MRSA §1175, 17-A MRSA §1252

Legislative Document 
No. 2001 
H.P.1403 
House of Representatives, February 7,2006 
An Act To Implement Recommendations of the Criminal Law 
Advisory Commission 
Reported by Representative BLANCHETTE of Bangor for the Criminal Law Advisory 
Commission pursuant to the Maine Revised Statutes, Title 17-A, section 1354, subsection 2. 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed under Joint Rule 218. 
Printed on recydet.l paper 
7r/~ 
/J7.71!dC~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 15 MRSA c. 15, as amended, is further amended by 
repealing the chapter headnote and enacting the following in its 
place: 
CHAPTER 15 
PQSSESSIOli OF FIREARMS OR CRQSSBQIfS 
BY PROHIBITED PERSONS 
Sec. 2. 15 MRSA §393, sub-§I, as amended by PL 2005, c. 419, 
§7 and affected by §12, is further amended to read: 
1. 
Possession prohibited. 
A person may not own, possess or 
have under that person's control a firearm or crossbow, unless 
that person has obtained a permit under this section, if that 
person: 
A-I. 
Has 
been 
convicted 
of 
committing 
or 
found 
not 
criminally responsible by reason of ffieB~a*-Q~SeaSe-9~-Qefee~ 
insanity of committing: 
(1) 
A crime in this State that is punishable 
by 
imprisonment for a term of one year or more; 
( 2) 
A crime under the laws of the United States that 
is punishable by imprisonment for a term exceeding one 
year; 
(3) 
A crime under the laws of any other state that, in 
accordance 
with 
the 
laws 
of 
that 
jurisdiction, 
is 
punishable by 
a 
term of imprisonment exceeding one 
year. 
This subparagraph does not include a crime under 
the laws of another state that is classified by the 
laws of that state as a misdemeanor and is punishable 
by a term of imprisonment of 2 years or less: 
(4) 
A crime under the laws of any other state that, in 
accordance with the laws of that jurisdiction, does not 
come 
within 
subparagraph 
(3) 
but 
is 
elementally 
substantially similar to a crime in this State that is 
punishable by a term of imprisonment for one year or 
more: or 
(5) 
A crime under the laws of the United States, this 
State or any other state or the Passamaquoddy Tribe or 
Penobscot 
Nation 
in 
a 
proceeding 
in 
which 
the 
prosecuting authority was required to plead and prove 
that the person committed the crime with the use of: 
Page l-LR3078 (1) 
(a) 
A firearm or crossbow against a person; or 
(b) 
Any other dangerous weapon; 
C. 
Has been adjudicated in this State or under the laws of 
the United States or any other state to have engaged in 
conduct as a juvenile that, if committed by an adult, would 
have been a disqualifying conviction: 
(1) 
Under paragraph A-I, subparagraphs (1) to (4) and 
bodily injury to 
another 
person 
was 
threatened or 
resulted; or 
(3) 
Under paragraph A-I, subparagraph (5); or 
D. 
Is subject to an order of a court of the United States 
or a state, territory, commonwealth or tribe that restrains 
that person 
from 
harassing, 
stalking or 
threatening 
an 
intimate partner, 
as 
defined in 
United States Code, 
Section 921 (a), of that person or a child of the intimate 
partner of that person, or from engaging in other conduct 
that would place the intimate partner in reasonable fear of 
bodily injury to the intimate partner or the child, except 
that this paragraph applies only to a court order that was 
issued after a hearing for which that person received actual 
notice and at which that person had the opportunity to 
participate and that: 
(1) 
Includes a finding that the person represents a 
credible threat to the physical safety of an intimate 
partner or a child; or 
(2) 
By 
its 
terms, 
explicitly prohibits 
the 
use, 
attempted 
use 
or 
threatened 
use 
of 
physical 
force 
against 
an 
intimate partner or 
a 
child that would 
reasonably be expected to cause bodily injury. 
For the purposes of this subsection, a person is deemed to have 
been convicted upon the acceptance of a plea of guilty or nolo 
contendere 
or 
a 
verdict 
or 
finding 
of 
guilty, 
or 
of 
the 
equivalent 
in 
a 
juvenile 
case, 
by 
a 
court 
of 
competent 
jurisdiction. 
For the purposes of this subsection, a person is deemed to have 
been found not criminally responsible by reason of meR~al-disease 
e~--defee~ insanity 
upon 
the 
acceptance 
of 
a 
plea 
of 
not 
criminally responsible by reason of insanity or a verdict or 
finding of not criminally responsible by reason of meR~al-disease 
e~-Qe~eet insanity, or of the equivalent in a juvenile case, by a 
court of competent jurisdiction. 
Sec. 3. 15 MRSA §393, sub-§3, as amended by PL 2005, c. 419, 
§10 and affected by §12, is further amended to read: 
3. 
Contents. An application under subsection 2 must be on a 
form 
prepared 
by 
the 
Commissioner 
of 
Public 
Safety. 
The 
application must 
include 
the 
following: 
the applicant's full 
name: 
all aliases: date 
and place of birth; place of legal 
residence; 
occupation: 
make, 
model 
and 
serial 
number 
of 
the 
firearm or crossbow sought to be possessed: 
date, 
place and 
nature of conviction: sentence imposed; place of incarceration: 
name 
and 
address 
of 
probation 
or 
parole 
officer; 
date 
of 
discharge or 
release 
from 
prison or jailor termination of 
probation, 
supervised 
release 
for 
sex 
offenders, 
parole 
or 
administrative release: the reason for the request; and any other 
information determined by the commissioner to be of assistance. 
The application must be 
accompanied by certified or attested 
copies of the indictment, information or complaint, judgment and 
commitment and discharge that are the subject of the conviction. 
Sec. 4. 15 MRSA §393, sub-§7, ,B, as enacted by PL 2001, c. 
549, §4, is amended to read: 
B. 
"Not criminally responsible by reason of HleHtal--Q,isease 
e~-.Q-e!"eet insanity" has the same meaning as used in 1'it;te 
*+-Ar section ~9 lQl and iHe±~Qe6-~~-e-~~~-~~~-~&-tAis 
State-~!Hi-e-£-~~~--p-r-G-V-i-s-kms--e~-6eet.ieH-.;LW--o-f--'!..~t;..-4jyi;tty 
By---~easeH---ef---HleHta;t---Qisease---e~---Qefeet---eHe±YQiH4j 
~e6peHs,iBiJ,it.y~-~~~~-as any comparable finding under the 
laws of the United States or any other state. 
Sec. 5. 15 MRSA §393. sub-§8, as amended by PL 2001, c. 549, 
§5, is further amended to read: 
8. 
Penalty. 
A violation of subsection 1, paragraph A-I or 
C is a Class C crime. 
A violation of subsection 1, paragraph D 
is a Class D crime. 
A violation of subsection I-A by a person at 
least 18 years of age is a Class C crime. 
~e~-~~~~~~-t.A,i6-~~~~-~-peFSeH-4G-~-~-Aaye 
BeeH-~~~~~-tAe-~~~~-a-~-e~-~~4.;L~Y-~~-He±e 
eeHteHQe~e-~-~-yeFeiet-e-£-~-~~~~-4j~i*t.Y7-~--~-e~Yiya;teHt 
iH-a-jyyeHi±e-easer-By-a-eeY~t-ef-eeHlpeteHt-jY~isQietieHT 
Sec. 6. 17-A MRSA §352, sub-§5. ,D, as amended by PL 2005, c. 
199, §3, is further amended to read: 
D. 
If 
the 
value 
of 
property 
or 
services 
cannot 
be 
ascertained 
beyond 
a 
reasonable 
doubt 
pursuant 
to 
the 
standards set forth in paragraphs A to C, the trier of fact 
may find the value to be not less than a certain amount, and 
if no such minimum value can be thus ascertained, the value 
is deemed to be an amount less than $500. 
Ne,>wi'>Rs,>aREi.iRIJ 
'>Ris-~~~~~~7-~~-~-PQFpeses-ef-~~~~~r-~h&-va~Qe 
9~-~-aQQ~-e~-~~~-Fge9FEi.iRIJ-~--all-~-~y-pa~~-~-a 
m9'>i9R-p~€~~~e-~~-~~&~aiR&G-"RF9~IJR-~he-~~--a&y-,>ype 
9~--r-e.G<H"-d-ing--.Qe.v~€e--iR--a--m&t:~-e4}--pie'>QFe--t~-whi-le--a 
m9'>ieR--pie'>QFe--is--seiRIJ--eHRisi"eEi.r --wi'>R9Q'>--'>Re--wFi'>'>eR 
e9RS eR '> - ef - ~he-m&t:-i-e4}--pi-c-t-ur-e- -t-hea-t-e-l"-~r 
-is- --Geeme4 - '>e -se 
m9Fe--t~-$9QQ-~-R9,>-~-e--'>RaR-~~,~r-~R~eSS--a--RiIJReF 
va~~e-eaR-se-pF9veRT 
Sec. 7. 17-A MRSA §760, sub-§l, as enacted by PL 2005, c. 329, 
§3, is amended to read: 
1. 
A person is guilty of failure to report a sexual assault 
of a person in custody if that person is a member of the staff of 
a hospital, prison or other institution WR9 and that staff person 
knows that a person detained in that institution is the victim of 
a crime of sexual assault that occurred while the detained person 
was in the institution S1:i'> and, in fact, each staff person does 
not report that crime to an appropriate criminal justice agency 
is-~-l~~-~~-~ai~1:iFe-~~-~F~-a-~~-~~~~~-9~-~~~-iR 
e1:iS"9Ei.y. 
Sec.8. 17-A MRSA §760, sub-§2-A is enacted to read: 
2-A. 
It is an affirmative defense to prosecution under this 
section that the defendant knew that the crime of sexual assault 
had already been reported to an appropriate criminal justice 
agency by another mandated reporter. 
Sec. 9. 17-A MRSA §1058, as enacted by PL 2005, c. 175, §L 
is amended to read: 
§1058. 
Possession of firearm in courthouse 
1. 
A person may--Re,>--pessess 
-",i-",s'---':Ig,-"u",i,-,1"-,t,.,y:..---,o~f_-",u±!n",a,-"u,-,t ... 
h~o,,-,r,,--,1,,,-· ~z""e-""d 
PQS.session of a firearm in a courthouse if that person in fact 
possesses a firearm in a courthouse. 
2. 
This section does not apply to: 
A. 
A peFs9R--WR9--is--a 
law 
enforcement officer 
9F L 
a 
corrections 
f f i ce r 
ae'>iRIJ- -w-i-t.-hi-n--,>Re---(}()Ul'"-&e--aREi.--&OOpe--9 ~ 
'>Re-effieeF~s-empleymeR'> or a corrections supervisor engaged 
in 
the 
performance 
of 
the 
law 
enforcement 
officer's, 
corrections officer's 
or 
corrections 
supervisor's public 
~; or 
B. 
A person possessing 
a 
an 
unloaded firearm 
for 
the 
purpose of offering the firearm as evidence in a civil or 
criminal proceeding if the presiding judge or justice has 
~l'eviEleEl granted prior Wl'itteB approval in writing to the 
person 
and 
the person possesses 
a 
copy 
of 
the written 
approval. 
2-A. 
It is not 
a 
defense to 
a 
prosecution under this 
section that the person holds a valid permit to carry a concealed 
firearm issued under Title 25, chapter 252. 
3. 
A-~£5eB-~~~1at~-~~~-~-eeffiffiits Unauthorized 
possession of a firearm in a courthouse is a Class D crime. 
Sec. 10. 17-A MRSA §l1l1-A, sub-§4, 1[A, as amended by PL 2005, 
c. 386, Pt. DD, §l, is further amended to read: 
A. 
The person uses drug paraphernalia to plant, propagate, 
CUltivate, 
grow, 
harvest, 
manufacture, 
compound, 
convert, 
produce, 
process, 
prepare, 
test, 
analyze, 
pack, 
repack, 
store, contain, conceal, inject, ingest, inhale or otherwise 
introduce into the human body a scheduled drug in violation 
of this chapter or Title 22, section 2383. 
Violation of 
this paragraph is a civil violation for which a fine of Bet 
~ess--thaB $300 
must 
be 
adjudged, 
none 
of which may 
be 
suspended; 
Sec. 11. 17-A MRSA §l1l1-A. sub-§4, 1[B, as amended by PL 2005, 
c.386, Pt. DD, §l, is further amended to read: 
B. 
The 
person 
possesses 
with 
intent 
to 
use 
drug 
paraphernalia to plant, propagate, cultivate, grow, harvest, 
manufacture, 
compound, 
convert, produce, process, prepare, 
test, 
analyze, 
pack, 
repack, 
store, 
contain, 
inject, ingest, inhale or otherwise introduce into 
body a scheduled drug in violation of this chapter 
22, section 2383. 
Violation of this paragraph is 
violation for which a fine of Bet--J.-e-&6--thaB $300 
adjudged, none of which may be suspended; 
conceal, 
the human 
or Ti tIe 
a civil 
must be 
Sec. 12. 17-A MRSA §1152, sub-§2, as amended by PL 2005, c. 
265, §§1 to 3, is further amended to read: 
2. 
Every natural person convicted of a crime 
sha~~ must be 
sentenced 
to 
at 
least 
one 
of 
the 
following 
sentencing 
alternatives: 
A. 
Unconditional discharge as authorized by chapter 54-D; 
B. 
A split sentence of 
imprisonment with probation as 
authorized by chapter 49; 
C. 
A fine, 
suspended in whole or 
court's 
discretion, 
probation 
as 
49; 
in part, with, at the 
authorized 
by 
chapter 
D. 
A suspended term of 
imprisonment with probation as 
authorized by chapter 49; 
E. 
A 
split 
sentence 
of 
imprisonment, 
the 
initial 
unsuspended portion of which is served in whole or in part 
with 
intensive 
supervision, 
followed 
by 
probation 
as 
authorized by chapter 52; 
F. 
A term of imprisonment as authorized by chapter 51; 
G. 
A fine as authorized by chapter 53. 
Such a fine may be 
imposed 
in 
addition 
to 
the 
sentencing 
alternatives 
in 
paragraphs B, D, E, F, H, I, L aseL M ~; 
H. 
A county jail reimbursement fee as authorized by chapter 
54-B; 
I. 
A specified number of hours of community service work as 
authorized by chapter 54-C; 
K. 
A fine, 
suspended in whole or in part, with, at the 
court's discretion, administrative release as authorized by 
chapter 54-G; 
L. 
A suspended term of imprisonment with administrative 
release as authorized by chapter 54-G; 
e~ 
M. 
A split sentence of imprisonment with administrative 
release as authorized by chapter 54-GT ~ 
N. 
A 
term 
of 
imprisonment 
followed 
by 
a 
period 
of 
supervised release as authorized by chapter 50. 
Sec. 13. 17 -A MRSA § 1152. sub-§3. as amended by PL 1993 , c. 
103, §3, is further amended to read: 
3. 
Every organization convicted of 
sentenced 
to 
at 
least 
one 
of 
the 
alternatives: 
a crime sha** !!lYll be 
following 
sentencing 
A. 
Unconditional discharge as authorized by chapter 49; 
B. 
A fine, suspended in whole or in part, with probation as 
authorized by chapter 49; 
C. 
A fine as authorized by chapter 53. 
Such a fine may be 
imposed 
in 
addition 
to 
the 
sentencing 
alternative 
in 
paragraph D; 91' 
D. 
A sanction authorized by section 1153. This sanction may 
be imposed in addition to the sentencing alternatives in 
paragraphs BaBeL CT and Ej or 
E. 
A 
fine, 
suspended 
in 
whole 
or 
in 
part. 
with 
~dministratiye release as authorized by chapter 54-G. 
Sec. 14. 17-A MRSA §1175, first " 
as amended by PL 2003, c. 
186, §1, is further amended to read: 
Upon complying with subsection 1, a victim of a crime of 
murder or stalking or of a Class A, Class B or Class C crime for 
which the defendant is committed to the Department of Corrections 
or to a county jailr or is 
~;I,aeee--i-n--iD&t;,.i-t:M.rt;,..iGna-.l--e9B~4BeRleB~ 
committed to the custody of the Commissioner of Health and Human 
Services either under Title 15, section 103 after having been 
found not criminally responsible by reason of RleBta,l--disease 91' 
ee~ee~r insanity or 
is-~~£€4-~~-i-~&t;,.i-&~&~aa.l--e9B~iBeRleB~ under 
Title 15, section 10l-B after having been found incompetent to 
stand trialr must receive notice of the defendant's unconditional 
release and discharge from institutional confinement upon the 
expiration of the sentence or upon release from cOmmitment under 
Title 15, section 101-B or upon discharge under Title 15, section 
104-A and must receive notice of any conditional release of the 
defendant 
from institutional confinement, 
including probation, 
supervised release for 
sex offenders. 
parole, 
furlough, 
work 
release, intensive supervision, supervised community confinement, 
home 
release 
monitoring 
or 
similar 
program, 
administrative 
release or release under Title 15, section 104-A. 
Sec. 15. 17-A MRSA §1175, sub-§3, ,8, as enacted by PL 1995, 
c. 680, §5, is amended to read: 
B. 
The nature of the release authorized, whether it is a 
conditional release, including probation, supervised release 
for sex offenders, parole, furlough, work release, intensive 
superv~s~on, supervised community confinement, home release 
monitoring or a similar program, administrative release, or 
release under Title 15, section 104-A, or an unconditional 
release and discharge upon the expiration of a sentence or 
upon release from commitment under Title 15, section 101-B 
or upon discharge under Title 15, section 104-A; 
Sec. 16. 17-A MRSA §1175, sub-§4, ,A, as enacted by PL 1995, 
c. 680, §5, is amended to read: 
A. 
Notice has been provided of an unconditional release or 
discharge 
upon 
the expiration of 
the 
sentence 
or 
upon 
release under Title 15, 
section 101-B or upon discharge 
under Title 15, section 104-A; or 
Sec. 17. 17-A MRSA §1252, sub-§4, as amended by PL 1977, c. 
510, §78, is further amended to read: 
4. 
If the State pleads and proves that a Class B, C, D or E 
crime was committed with the use of a dangerous weapon then the 
sentencing class for such crime is one class higher than it would 
otherwise be. In the case of a Class A crime committed with the 
use of a 
dangerous weapon, 
such use should be given serious 
consideration 
by 
the 
court 
in 
exercising 
its 
sentencing 
discretion. This subsection eaa;!,;!, 
do~ not apply to a violation 
or an attempted violation of section 208, to any other offenses 
to which use of a dangerou~pon serves as an element or to any 
offense for which the sentencing class is otherwise increased 
because 
the 
actor or 
an 
accomplice 
to 
a~e that actor's or 
accomplice's knowledge is armed with a firearm or other dangerous 
weapon. 
Sec. 18. 17-A MRSA §1252, sub-§4-A, as amended by PL 2005, c. 
447, §l, is further amended to read: 
4-A. 
If the State pleads and proves that, at the time any 
crime, excluding murder, under chapter 9, 11, 13 or 27; section 
402-A, subsection 1, paragraph A; or section 752-A or 752-C was 
committed, the defendant had been convicted of 2 or more crimes 
violating chapter 9, 11, 13 or 27; section 402-A, subsection 1, 
paragraph A; 
or section 752-A or 752-C or essentially similar 
crimes in other jurisdictions, the sentencing class for the crime 
is one class higher than it would otherwise be. 
In the case of a 
Class A crime, the sentencing class is not increased, but the 
prior record must be given serious consideration by the court 
when imposing a sentence. 
Section 9-A governs the use of prior 
convictions when determining a sentence, except that, for the 
purposes of this subsection, for violations under chapter 11, the 
dates of prior convictions may have occurred at any time. 
This 
subsection 
does 
not 
apply 
to 
section 
210-A 
if 
the 
prior 
convictions have already served to enhance the sentencing class 
under section 210-A, 
subsection 1, 
paragraph C or 
any other 
offense in which prior convictions have already served to enhance 
the sentencing class. 
Sec. 19. 17 -A MRSA §1252, sub-§4-B, ,B, as enacted by PL 1999, 
c. 788, §8, is amended to read: 
B. 
"Accompanied by sexual assault" as used with respect to 
attempted murder, murder and crimes involving substantially 
similar conduct in other jurisdictions is satisfied if t;he 
seRt;eReiR~-~~--at;-~~-t;ime-~--seRt;eRee-~~~~~-makes 
s~eh-a-~iReiR~ it was definitionally an element of the crime 
or was pleaded and proved beyond a reasonable doubt at trial 
by the State or other jurisdiction. 
Sec. 20. 17-A MRS A §1252, sub-§9 is enacted to read: 
9. 
Subsections in this section that make the sentencing 
class for a crime one class higher than it would otherwise be 
when 
pled 
and 
proyed 
may 
be 
applied 
successively if 
the 
subsections to be applied successively contain different class 
enhancement factors. 
Sec. 21. 17-A MRS A §1348, as enacted by PL 2003, c. 711, Pt. 
A, §19, is amended to read: 
§1348. Eligibility for deferred disposition 
A person who has pled guilty to a Class C, Class D or Class 
E 
crime T-~ 
-a--G-F-ifRe.. --eKf>"!"€££.,lY--El-FG-.... i4i-aq-- -t-hat.- -9ae- ~- -me!'e 
p~RishmeRt;-~~~~~~-it;-~~~~~y-fie~-~-S~SpeRQeQT and 
who consents to a deferred disposition in writingT is eligible 
for a deferred disposition. 
SUMMARY 
This bill amends the law regarding possession by prohibited 
persons of firearms or crossbows to: 
1. 
Conform 
the 
terminology 
regarding 
the 
affirmative 
defense of insanity to that recently adopted in the Maine Revised 
Statutes, Title 17-1., sections 39 and 40 in the statute governing 
possession by prohibited persons of firearms or crossbows. 
This 
change is made pursuant to Public Law 2005, chapter 263, sections 
to 7; 
2. 
Add a refererice to parole, supervised release for sex 
offenders and administrative release; and 
3. 
Change 
a 
cross-reference for the definition of "not 
criminally responsible by reason of insanity" and remove language 
no longer needed because of this change. 
This bill eliminates the need to specify in the charge and 
prove at trial the value of an audio or visual recording of all 
or any part of an illegally obtained motion picture. 
This is 
consistent with theft involving a firearm or an explosive device 
in which pecuniary loss is not an element and the absence of a 
pecuniary loss is not a defense. 
This bill amends the crime of failure to report a sexual 
assault of 
a 
person in custody to clarify that the crime's 
forbidden conduct element of failing to report the sexual assault 
to an appropriate criminal justice agency has no accompanying 
culpable 
mental 
state element. 
This bill also 
provides 
an 
affirmative defense to prosecution under the section when the 
defendant knew that the crime of sexual assault had already been 
reported to an appropriate criminal justice agency by another 
mandated reporter. 
This bill amends the crime of possession of a firearm in a 
courthouse by: 
1. 
Adding the word "unauthorized"; 
2. 
Clarifying that the crime's forbidden conduct element of 
possessing a firearm in a courthouse has no accompanying culpable 
mental state element; 
3. 
Adding "corrections supervisor" to the list of persons 
to whom the prohibition does not apply; 
4. 
Requiring that the firearm be unloaded if possessed 
under the evidence exception; 
5. 
Clarifying that the proceeding in which the firearm is 
to be offered as evidence may be either civil or criminal; 
6. 
Adding a new provision that specifies that possession of 
a valid permit to carry a concealed firearm is not a defense to 
this crime; and 
7. 
Making 
a 
number 
of 
nonsubstantive 
changes 
to 
the 
language for purposes of clarity. 
This bill provides that the civil penalty for the sale and 
use of drug paraphernalia is $300. 
This bill adds to the list of sentencing alternatives the 
sentencing alternative of supervised release for sex offenders as 
authorized by the Maine Revised Statutes, Title 17-A, 
chapter 
50. 
The bill also adds a reference to this alternative since a 
fine 
may be 
imposed in addition to 
a 
chapter 
sentencing 
alternative. 
Further, the bill repeals the option of a deferred 
disposition as authorized by Title 17-A, chapter 54-F since it is 
not a sentencing alternative. 
The bill makes clear that every 
natural person convicted of a crime must be sentenced to at least 
one of the listed sentencing alternatives. 
Depending upon which 
sentencing alternatives are used, a court may impose more than 
one and when mandated by the Legislature must do so. 
The 
bill 
adds 
to 
the 
applicable to an organization 
fine, suspended in whole or in 
as authorized by Title 17-A, 
list of 
sentencing 
alternatives 
the sentencing alternative of a 
part, with administrative release 
chapter 54-G. 
The bill adds 
a 
reference to this alternative since a 
sanction authorized by 
section 
1153 
may 
be 
imposed 
in addition to 
a 
chapter 
54-G 
sentencing 
alternative. 
The 
bill 
makes 
clear 
that 
every 
organization convicted of a crime must be sentenced to at least 
one of the listed sentencing alternatives. 
Depending upon which 
sentencing alternatives are used, 
a court may impose more than 
one and when mandated by the Legislature must do so. 
The 
bill 
amends 
the 
law 
regarding 
notification 
of 
a 
defendant's release to: 
l. 
defense 
sections 
sections 
Conform 
the 
terminology 
regarding 
the 
of insanity to that recently adopted in 
and 40 pursuant to Public Law 
2005, 
to 7; 
affirmative 
Title 17-A, 
chapter 263, 
2. 
Replace 
confinement" under 
section 104-A with 
the 
reference 
to 
"placed 
in 
institutional 
both Title 15, 
section 103 
and Title 15, 
"committed to the custody of the Commissioner 
of Health and Human Services"; 
3. 
pursuant 
pursuant 
Add references to supervised release for sex offenders 
to Title 17-A, chapter 50 
and administrative release 
to Title 17-A, chapter 54-G; and 
4. 
Add" release from commitment under Title 15, section 
101-B" in provisions addressing releases that are unconditional. 
Current law increasing .. ~he sentencing class one class higher 
for a Class B, 
C, 
D or E' 'crime committed with the use of a 
dangerous weapon excludes 
from its application the crimes of 
aggravated 
assault 
and 
attempted 
aggravated 
assault. 
This 
exclusion was added because use of a dangerous weapon serves as a 
factual element of one form of the crime of aggravated assault. 
This bill broadens 
the exclusion to 
include 
any 
crime 
that 
contains "use of a dangerous weapon" as a factual element. 
Current law provides for the sentencing enhancement by one 
class if the defendant had 2 or more prior convictions of certain 
crimes, 
except 
for 
a 
conviction for 
stalking if the prior 
convictions have already served to enhance the sentencing class. 
The bill broadens this exclusion to include any crime in which a 
prior conviction has already served to enhance the class of the 
crime. 
This bill clarifies that when 2 or more provisions in Title 
-I>.., section 1252 are pled and proved by the State to enhance 
the 
class 
of 
the 
crime 
these 
provisions 
may 
be 
applied 
successively as 
long as those to be made 
successive contain 
different class enhancement factors. 
For example, if the State 
pled and proved that the Class D crime of reckless conduct was 
committed with the use of a dangerous weapon and, at the time of 
its commission, the defendant had been convicted of 2 or more 
qualifying crimes, the class of the reckless conduct would be 
elevated successively from Class D to Class C and from Class C to 
Class 
B because subsections 
and 
4-1>.. 
constitute enhancement 
factors reflecting different public policy concerns. 
This bill removes the current exception for eligibility for 
deferred disposition, which is that the crime expressly provides 
that one or more punishment alternatives it authorizes may not be 
suspended. 
It also is important to remove this exception in 
order 
to 
allow 
the 
flexibility 
in 
sentencing 
options 
now 
available under Title 17-1>.., section 1348-B, subsection 1 and to 
recognize the fact that the Legislature also recently added a 
mandatory minimum fine to the Maine Criminal Code 
crime for 
assault and all drug crimes in Title 17-1>.., chapter 45. 
The bill removes that portion of the paragraph authorizing 
judicial fact-finding at the sentencing hearing and 
requires 
instead that 
"accompanied 
by sexual assault" 
be pleaded 
and 
proved 
beyond 
a 
reasonable doubt 
to 
the 
fact-finder at the 
trial. 
The 
change is required under both the United States 
Constitution and the Constitution of Maine because "accompanied 
by sexual assault" is a fact incident to attempted murder or 
murder that makes the person a "repeat sexual assault offender" 
who consequently is sUbject to a term of imprisonment for any 
term of years rather than a lesser definite term as specified 
under Title 17-1>.., 
section 1252, subsection 2. 
See 
Blakel~ 
Washington, 542 U.S. 296 (2004); State v. Schofield, 2005 ME 82, 
1>...2d 43.