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
Committee Amendment CA_C-HA_A_H1062 (House)
Amends: 17-A MRSA §1202, 17-A MRSA §1252

HOUSE 
AMENDMENT ".(t" to COMMITTEE 
AMENDMENT 
"C" 
1224, 
L.D. 
1717, 
Bill, 
"An 
Act 
To 
Create Mandatory 
Sentences for Persons Convicted of Certain Sex Offenses 
Victims under 12 Years of Age" 
to H.P. 
Minimum 
against 
Amend the amendment by striking out everything after the 2nd 
indented paragraph and before the summary and inserting in its 
place the following: 
-Sec. 1. 17-A MRSA §1202, sub-§I-A, ~C, as enacted by PL 2003, 
c. 711, Pt. B, §16, is amended to read: 
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 
aBa--taat--tae 
ae~eBaaBt-~-p~ev4e~6~y-~-~~~~~~-aae-~~-FeF 
eemmittiB~--~~e66--~~~~--~~7--~~-~~--~Fe&&--6eXHa± 
miseeBaHet-a~aiR6t-a-~~~~~~~~~~~~~-~b-~eaF&-e~ 
a~e, the period of probation maY-Be is life er-~-~~r~-ef 
years following a term of imJ?risonment under section 1252. 
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 
and that the 
J?erson be subject to sUJ?ervision by a J?robation officer that 
includes the best available monitoring technology for the 
duration of the term of J?robation. 
Sec. 2. 17-A MRSA §1252, sub-§4-D, as enacted by PL 2003, c. 
711, Pt. B, §20, is amended to read: 
4-D. 
If the State pleads and proves that a 
crime under 
seetieR--b~~r-~-i-{Hl--17--~a!'-a~Fa~a--C--tl'£"--HBE1er section 282, 
Page l-LR2770(lS) 
HOUSE AMENDMENT 
.. 
It-
-~ 
HOUSE 
AMENDMENT 
L.D. 1717 
to COMMITTEE 
AMENDMENT 
"C·' to H.P. 
1224, 
subsection 1, paragraph C or F was committed against a person who 
had not attained 12 years of age at the time of the offense, the 
age of the victim must be given serious consideration by the 
court in exercising its sentencing discretion. 
Sec.3. 17-A MRSA §1252, sub-§§4-E and 4-F are enacted to read: 
4-E. 
In the case of a crime of gross sexual as~ault, if the 
State pleads and proves that at the time of the crime the victim 
had not attained 12 years of age, the court, notwithstanding any 
other provision of this code, shall impose a minimum term of 
imprisonment of 25 years, none of which may be suspended. 
When a 
person 
sentenced 
under 
this 
subsection 
is 
released 
from 
incarceration, the Department of Corrections shall supervise that 
person using the best available monitoring technology pursuant to 
section 1202. 
4-F. 
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 court, notwithstanding 
any 
other 
prov~s~on of 
this 
code, 
shall 
impose 
a 
term 
of 
imprisonment for life, none of which may be suspended.' 
SUMMARY 
This amendment creates a 25-year minimum mandatory sentence 
of 
imprisonment 
followed 
by 
probation for 
life for 
persons 
convicted of gross sexual assault against persons who have not 
attained 12 years of age and requires that these persons, when 
released from prison, be subject to supervision by the Department 
of 
Corrections 
that 
includes 
electronic 
monitoring 
for 
the 
duration 
of 
the 
probation. 
The 
amendment 
also 
creates 
a 
mandatory life sentence of imprisonment for a person convicted of 
gross sexual assault against another person who has not attained 
years of age if that person has a prior conviction for gross 
HOUSE AMENDMENT 
....,. .. 
J>-:! 
HOUSE 
AMENDMENT ,:(1" to COMMITTEE 
AMENDMENT "c" to H.P. 
1224, 
L.D. 1717 
sexual assault, rape or gross sexual misconduct against a victim 
who had not attained 12 years of age. 
FISCAL NOTE REQUIRED 
~ 
(See at cbed) 
SPONSORED BY: 
TOWN: 
Augusta 
HOUSE AMENDMENT 
Approved: 04126/06 ~ac=. 
LD 1717 
LR 2770(18) 
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 . .;;. to Committee Amendment ·6 
Sponsor: Rep. Davis 
Fiscal Note Required: Yes 
Fiscal Note 
Potential future biennium cost increase - General Fund 
Correctional and Judicial Impact Statements 
This amendment increases the term of imprisonment from a start period of 20 years adjusted up or down with 
electronic monitoring for life to a minimum mandatory sentence of 25 years with electronic monitoring for the 
probation period. The net fiscal effect of this amendment can not be determined but would most likely be an increase 
to the Department of Corrections. 
LR2770(l8) - Fiscal Note - Page 1 of 1