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
House Amendment HA_C_H978 (House)
Amends: 17-A MRSA §1252

HOUSE 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 bill in section 3 in subsection 4-E in the 5th 
line (page 1, line 38 in L.D.) by inserting after the following: 
"suspended" 
the 
following: 
unless 
certification has 
been 
obtained pursuant to subsection g, in which case the court shall 
impose a minimum term of imprisonment of 10 years, none of which 
may be suspended' 
Further amend the bill in section 4 in subsection 4-F in the 
last line 
(page 
2, 
line 
in L.D.) 
by inserting after the 
following: 
"suspended" the following: 
unless certification 
has been obtained pursuant to subsection g, in which case the 
court shall impose a minimum term of imprisonment of 25 years, 
none of which may be suspended' 
Further amend the bill by inserting after section 4 
the 
following: 
'Sec. 5. 17-A MRSA §1252, sub-§9 is enacted to read: 
9. 
If the State pleads 
and proves that 
a 
crime 
under 
section 253 was committed against a person who had not attained 
years 
of age, 
the court notwithstanding subsection 
may 
impose a minimum sentence of imprisonment of 10 years pursuant to 
subsection 4-E Qr a minimum sentence of imprisonment of 25 years 
pursuant to subsection 4-F if the requirements of this subsection 
are met. 
Page l-LR2770(14) 
HOUSE AMENDMENT 
" 
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HOUSE AMENDMENT .. G· to H.P. 1224, L.D. 1717 
A. 
The court must obtain a statement pursuant to paragraph 
B attesting that, while a longer term of imprisonment is 
appropriate, 
the harm to the victim from 
reguiring the 
victim 
to 
testify 
exceeds 
the 
benefit 
to 
society 
of 
incarcerating the defendant for a longer period of time. 
B. 
The statement pursuant to paragraph A must be in the 
form of: 
(1) 
Written certification submitted to the court and 
oral testimony introduced on the record from either: 
(a) 
The 
Attorney 
General, 
if 
the 
case 
is 
prosecuted by the Office of the Attorney General; 
Ql: 
(b) 
The district attorney for the county that is 
prosecuting the case; and 
(2) 
Written concurrence from the legal guardian of the 
victim. • 
SUMMARY 
This amendment retains the mandatory minimum sentences of 
imprisonment specified in the bill of 25 years for a person who 
is convicted of gross sexual assault when the victim is less than 
years of age and life for a repeat offender, except that this 
amendment allows the court to impose a minimum sentence of 10 
years for a first-time offender and a minimum sentence of 25 
years for a repeat offender if the prosecuting attorney and the 
legal guardian of the victim submit a statement that, while a 
longer term of imprisonment is appropriate, 
the harm to the 
victim from requiring the victim to testify exceeds the benefit 
to society of incarcerating the defendant for a longer period of 
time. 
SPONSORED BY: 
TOWN: 
Presque Isle 
FISCAL NOTE REQUJRED 
(See Attached) 
HOUSE AMENDMENT 
Approved: 04/08/06 ;:t;:?ac:.. 
LD 1717 
LR 2770(14) 
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 '& 
Sponsor: Rep. Fischer 
Fiscal Note Required: Yes 
Fiscal Note 
Reduction of future biennium cost increase - General Fund 
Correctional and Judicial Impact Statements: 
This amendment allows a court to decrease the term of imprisonment if certain requirements are met. Such a change 
may reduce the increased future correctional costs the bill creates. 
LR2770(l4) - Fiscal Note - Page 1 of 1