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_C_H1071 (House)
Amends: 5 MRSA §3360-M, 15 MRSA §3101, 15 MRSA §3308, 15 MRSA §3309-A, 17-A MRSA §8, 17-A MRSA §202, 17-A MRSA §253, 17-A MRSA §254, 17-A MRSA §1252, 19-A MRSA §1653, 19-A MRSA §1658, 22 MRSA §4002, 22 MRSA §4055, 24 MRSA §2986, 25 MRSA §1574, 25 MRSA §291, 30-A MRSA §287, 34-A MRSA §11221

HOUSE 
AMENDMENT "&" 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 
inserting before 
section 
the 
following: 
'Sec. 1. 5 MRSA §3360-M, as enacted by PL 1999, c. 719, §l 
and affected by §11, is amended to read: 
§3360-M. 
Payment for forensic examinations for alleged victims 
of rape 
1. 
Payment. 
The board shall pay the costs of forensic 
examinations for alleged victims of I3F9Ss---&e*-Ua-I--a66ay.±1= 
.I..QJ2e 
from 
the Victims' 
Compensation Fund. 
The 
board shall track 
expendi tures for forensic examinations separately from all ot.her 
expenditures. 
Forensic examination payments are not subject to 
any other provision of this chapter. 
2. 
Forensic examination. 
The board shall determine by rule 
what a forensic examination may include for purposes of payment. 
An 
examination 
must 
include 
at least all 
services directly 
related to the gathering of forensic evidence and related testing 
and treatment for pregnancy and sexually transmitted diseases. 
The board shall pay a licensed hospital or licensed health care 
practitioner the actual cost of the forensic examination up to 
CI 
maximum of $500. 
3. 
Process for payment. 
A licensed hospital or licensed 
health care practitioner that performs forensic examinations for 
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1224, 
alleged victims of ~~ess-seH~a~-aSsaQ~t rape shall submit a bill 
to the Victims' Compensation Board directly for payment of the 
forensic examinations. 
The hospital or health care practitioner 
that performs a forensic examination shall take steps necessary 
to ensure the confidentiality of the alleged victim's identity. 
The bill submitted by the hospital or health care practitioner 
may not identify the alleged victim by name but must be assigned 
a tracking number that corresponds to the forensic examination 
kit. 
The tracking number may not be the alleged victim's social 
security number. 
The hospital or health care practitioner that 
performs the examination may not bill the alleged victim or the 
alleged victim's insurer, nonprofit hospital or medical service 
organization or health maintenance organization for payment of 
the examination. The alleged victim is not required to report the 
alleged offense to a law enforcement agency. 
4. 
Other 
reimbursement. 
The 
fact 
that 
forensic 
examinations 
are 
paid 
for 
separately 
through 
the 
Victims' 
Compensation Fund does not preclude alleged victims of 
~~8SS 
6eHQa~-a66aQ~t ~ 
from seeking reimbursement for expenses other 
than 
those 
for 
the 
forensic 
examination. 
A victim 
seeking 
reimbursement from the Victims' Compensation Fund for expenses 
other than the forensic examination is subject to all other 
provisions of this chapter. 
5. 
Rules. 
Rules 
routine technical rules 
subchapter ±±-A- 2-A. 
adopted pursuant to this section are 
as 
defined in 
±4t~e--~T chapter 
375, 
Sec. 2. 15 MRSA §3101, sub-§4, 1[C-2, as enacted by PL 1997, c. 
645, §2, is amended to read: 
752, 
read: 
C-2. 
With 
respect 
to 
the 
finding 
of 
appropriateness 
required by paragraph E, subparagraph (2), the State has the 
burden of proof, except that in a case involving a juvenile 
who is charged with one or more juvenile crimes that, if the 
juvenile were an adult, would constitute murder, attempted 
murder, felony murder, Class A manslaughter other than the 
reckless 
or 
criminally 
negligent 
operation 
of 
a 
motor 
vehicle, elevated aggravated assault, arson that recklessly 
endangers any person, causing a catastrophe, Class A robbery 
or Class A 
~~es6---&e*Ua-1--aSsaQ~t rape in which the victim 
submits as 
a result of compulsion, 
the juvenile has the 
burden of proof. 
Sec. 3. 15 MRSA §3308. sub-§7, 1[D, 
§15 and PL 2003, c. 689, Pt. B, 
as amended by PL 1997, c. 
§6, is further amended to 
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D. 
When a juvenile who is adjudicated of a juvenile crime 
that if committed by an adult would be ~Fess-6eH~a±-a66a~±~ 
~ 
under 
Title 
17-A, 
section 
253, 
subsection 
I 
is 
committed 
to 
a 
Department 
of 
Corrections 
juvenile 
correctional facility or placed on probation, the Department 
of 
Corrections 
shall 
provide, 
while 
the 
juvenile 
is 
committed or on probation, a copy of the juvenile's judgment 
and 
commitment 
to 
the 
Department 
of 
Health 
and 
Human 
Services, 
to 
all 
law 
enforcement 
agencies 
that 
have 
jurisdiction in those areas where the juvenile may reside, 
work or attend school and to 
the superintendent of any 
school system in which the juvenile attends school during 
the period of commitment or probation. 
The Department of 
Corrections shall provide a copy of the juvenile's judgment 
and 
commitment 
to all 
licensed 
and 
registered day-care 
facility operators located in the municipality where the 
juvenile resides, works or attends school during the period 
of commitment or probation. 
Upon request, the Department of 
Corrections shall also provide 
a 
copy of the juvenile's 
judgment and commitment to other entities that are involved 
in the care of children and are located in the municipality 
where the juvenile resides, works or attends school during 
the period of commitment or probation. 
The Department of 
Corrections may provide a copy of the juvenile's judgment 
and 
commitment 
to 
any other 
agency or person whom 
the 
Department 
of 
Corrections 
determines 
is 
appropriate 
to 
ensure public safety. 
Neither the failure of the Department 
of Corrections to perform the requirements of this paragraph 
nor compliance with this paragraph subjects the Department 
of Corrections or its employees to liability in a civil 
action. 
Sec. 4. 15 MRSA §3309-A, sub-§4, as amended by PL 1999, c. 65, 
§1, is further amended to read: 
4. 
Juvenile adjudicated of rape. 
After adjudication and 
before disposition when a juvenile is adjudicated of a juvenile 
crime that if committed by an adult would be ~Fess-6eH~a±-a66a~±t 
rape under Title 17-A, section 253, subsection 1, the court shall 
order the juvenile to undergo a diagnostic evaluation and may 
order 
the evaluation to take place at a 
detention facility 
described in section 3203-A, subsection 7, paragraph B. 
Sec. 5. 17-A MRSA §8, sub-§I, as amended by PL 1999, c. 438, 
§l, is further amended to read: 
1. 
It is a defense that prosecution was commenced after the 
expiration of the applicable period of limitations provided in 
this section; FFevieee except that a prosecution for murder or 
criminal homicide in the first or 2nd degree, or, if the victim 
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had not attained the age of 16 years at the time of the crime, a 
prosecution for: incest; unlawful sexual contact; seHaal-aaase-9f 
a-ffiiTiel: child molestation; or rape 9l:, formerly denominated as 
gross sexual assaul tT-..f~-fIle-{"..J.-y--aeR91!1:i,Rat;ea and as gross sexual 
misconduct, may be commenced at any time. 
Sec. 6. 17 -A MRSA §8, sub-§2, as amended by PL 1999, c. 438, 
§2, is further amended to read: 
2. 
Prosecutions for crimes other than murder or criminal 
homicide in the first or 2nd degree, or, if the victim had not 
attained 
the 
age 
of 
years 
at 
the 
time 
of 
the 
crime, 
prosecutions for: incest; unlawful sexual contact; seHaal-asl:l.se 
ef-a-1!I4R9l: child molestation; or rape 9F, formerly denominated as 
gross sexual 
assaultT-..f~-fIle-{"..J.-y--aeR91!1:i,Rat;ea and as gross sexual 
misconduct, are subject to the following periods of limitations: 
A. 
A prosecution for a Class A, Class B or Class C crime 
must be commenced within 6 years after it is committed; and 
B. 
A prosecution for a Class D or Class E crime must be 
commenced within 3 years after it is committed. 
Sec. 7. 17-A MRSA §202, sub-§I, as amended by PL 1991, c. 377, 
§8, is further amended to read: 
1. 
A person is guilty of felony murder if acting alone or 
wi th one or more other persons in the 
commission of, 
or an 
attempt 
to 
commit, 
or 
immediate 
flight 
after 
committing 
or 
attempting 
to 
commit, 
murder, 
robbery, 
burglary, 
kidnapping, 
arson, 
~FesS--SeHQal--assaalt; ~, or escape, 
the 
person or 
another participant in fact causes the death of a human being, 
and the death is a 
reasonably foreseeable consequence of such 
commission, attempt or flight. 
Sec. 8. 17-A MRSA §253, as corrected by RR 2003, c. 2, §25, 
is amended to read: 
§253. 
Rape 
1. 
A person is guilty of ~l:es&-seHQal-a6sal:l.lt; rape if that 
person engages in a sexual act with another person and: 
A. 
The other person submits as a result of compulsion, as 
defined 
in 
section 
251, 
subsection 
1, 
paragraph 
E. 
Violation of this paragraph is a Class A crime; or 
B. 
The other person, not the actor's 
fact 
attained the 
age 
of 
years. 
paragraph is a Class A crime. 
spouse, has not in 
Violation of this 
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2. 
A person is guilty of ~Fess-6e*Ha±-a66aH±£ rape if that 
person engages in a sexual act with another person and: 
A. 
The actor has substantially impaired the other person's 
power to appraise or control the other person's sexual acts 
by administering or employing drugs, intoxicants or other 
similar means. 
Violation of this paragraph is a Class B 
crime; 
B. 
The actor compels or induces the other person 
in 
the 
sexual 
act 
by 
any 
threat. 
Violation 
paragraph is a Class B crime; 
to engage 
of 
this 
C. 
The other person suffers from mental disability that is 
reasonably apparent or known to the actor, and which in fact 
renders 
the 
other 
person 
substantially 
incapable 
of 
appraising 
the 
nature 
of 
the 
contact 
involved 
or 
of 
understanding that the person has 
the right to deny or 
withdraw consent. 
Violation of this paragraph is a Class B 
crime; 
D. 
The other person is unconscious or otherwise physically 
incapable of resisting and has not consented to the sexual 
act. 
Violation of this paragraph is a Class B crime; 
E. 
The other person, not the actor's spouse, is in official 
custody as a probationer or a parolee, or is detained in a 
hospital, prison or other institution, and the actor has 
supervisory 
or 
disciplinary 
authority 
over 
the 
other 
person. 
Violation of this paragraph is a Class B crime; 
F. 
The other person, not the actor's spouse, 
has not in 
fact attained the age of 18 years and is a student enrolled 
in a private or public elementary, 
secondary or special 
education school, facility or institution and the actor is a 
teacher, employee or other official having instructional, 
supervisory or 
disciplinary authority over 
the 
student. 
Violation of this paragraph is a Class C crime; 
G. 
The other person, 
not 
the actor's spouse, 
has 
not 
attained the 
age of 
years 
and is 
a 
resident in or 
attending a children's home, day care facility, residential 
child care facility, drug treatment center, camp or similar 
school, facility or institution regularly providing care or 
services for children, and the actor is a teacher, employee 
or 
other 
person 
having 
instructional, 
supervisory 
or 
disciplinary authority over the other person. 
Violation of 
this paragraph is a Class C crime; 
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H. 
The other person has not in fact attained the age of 18 
years and the actor is a parent, stepparent, foster parent, 
guardian 
or 
other 
similar 
person 
responsible 
for 
the 
long-term care and welfare of that other person. 
Violation 
of this paragraph is a Class B crime; 
I. 
The actor is a psychiatrist, a psychologist or licensed 
as 
a 
social worker or purports to be 
a psychiatrist, 
a 
psychologist or licensed as a social worker to the other 
person and the other person, not the actor I s spouse, is a 
patient or client for mental health therapy of the actor. 
As 
used in this paragraph, 
"mental health therapy" means 
psychotherapy 
or 
other 
treatment modalities 
intended 
to 
change behavior, 
emotions or attitudes, 
which therapy is 
based upon 
an intimate 
relationship involving trust 
and 
dependency with a 
substantial potential for vulnerability 
and abuse. 
Violation of this paragraph is a Class C crime; 
or 
J. 
The 
actor owns, 
operates or is 
an 
employee 
of 
an 
organization, 
program 
or 
residence 
that 
is 
operated, 
administered, licensed or funded by the Department of Health 
and Human Services and the other person, not the actor I s 
spouse , receives services from the organization, program or 
residence 
and 
the 
organization, 
program 
or 
residence 
recognizes 
the 
other 
person 
as 
a 
person 
with 
mental 
retardation. 
It is an affirmative defense to prosecution 
under this paragraph that the actor receives services for 
mental retardation or is a person with mental retardation as 
defined 
in 
Title 
34-B, 
section 
5001, 
subsection 
3. 
Violation of this paragraph is a Class C crime. 
3. 
It is a defense to a prosecution under subsection 2, 
paragraph 
A, 
that the 
other 
person voluntarily 
consumed 
or 
allowed administration of the substance with knowledge of its 
nature, except that it is no defense when the other person is a 
patient of the actor and has a reasonable belief that the actor 
is administering the substance for medical or dental examination 
or treatment. 
6. 
In using a sentencing alternative involving a term of 
imprisonment for a person convicted of violating this section, a 
court shall, in determining the maximum period of incarceration 
as the 2nd step in the sentencing process, treat each prior Maine 
conviction for 
a violation of this section as an aggravating 
sentencing factor. 
A. 
When the sentencing class for a prior conviction under 
this section is Class A, the court shall enhance the basic 
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period 
of 
incarceration 
by 
a 
minimum 
of 
years 
of 
imprisonment. 
B. 
When the sentencing class for a prior conviction under 
this section is Class B, the court shall enhance the basic 
period 
of 
incarceration 
by 
a 
minimum 
of 
years 
of 
imprisonment. 
C. 
When the sentencing class for a prior 
this section is Class C, the court shall 
period 
of 
incarceration 
by 
a 
minimum 
imprisonment. 
conviction under 
enhance the basic 
of 
one 
year 
of 
In arriving at the final 
sentence 
as 
the 
3rd step 
in the 
sentencing process, the court may not suspend that portion of the 
maximum term of incarceration based on a prior conviction. 
7. 
If the State pleads and proves that a violation of 
subsection 1 or subsection 2 was committed in a safe children 
zone, the court, in determining the appropriate sentence, shall 
treat this as an aggravating sentencing factor. 
Sec. 9. 17-A MRSA §254, as amended by PL 2003, c. 138, §§2 to 
4, is further amended to read: 
§254. 
Child molestation 
1. 
A person is guilty of 
6eHHa*--ab-us-e--e~--a--HliBeF child 
molestation if: 
A. The person engages in a sexual act with another person, 
not the actor's spouse, who is either 14 or 15 years of age 
and the actor is at least 5 years older than the other 
person. 
Violation of this paragraph is a Class D crime; 
A-I. 
The person violates paragraph A and the actor knows 
that the other person is related to the actor within the 2nd 
degree of consanguinity. 
Violation of this paragraph is a 
Class C crime; 
A-2. 
The person violates paragraph A and the 
least 10 years older than the other person. 
this paragraph is a Class C crime; 
actor is at 
Violation of 
C. 
The person is at least 21 years of age and engages in a 
sexual act with another person, not the actor's spouse, who 
is either 16 or 17 years of age and is a student enrolled in 
a 
private 
or 
public 
elementary, 
secondary 
or 
special 
education school, facility or institution and the actor is a 
teacher, employee or other official in the school district, 
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"C" 
school 
union, 
institution in 
this paragraph 
educational 
unit, 
school, 
which the student is enrolled. 
is a Class E crime; 
to H.P. 1224, 
facili ty 
or 
Violation of 
D. 
The person violates paragraph C 
the student is related to the actor 
consanguinity. 
Violation of this 
crime; 
and the actor knows that 
within the 2nd degree of 
paragraph is a Class D 
E. 
The 
least 10 
paragraph 
person violates paragraph C and the actor is at 
years older than the student. 
Violation of this 
is a Class D crime; or 
F. 
The person intentionally subjects another person, not 
the actor's spouse, who is either 14 or 15 years of age to 
any sexual contact and the actor is at least 10 years older 
than the other person. 
Violation of this paragraph is a 
Class D crime. 
2. 
It is a defense to a prosecution under subsection l, 
paragraphs A, A-I, A-2 and F, that the actor reasonably believed 
the other person is at least 16 years of age. 
4. 
As used in this section, 
the 2nd degree of consanguinity" 
section 556.' 
"related to the 
has the meaning 
actor wi thin 
set forth in 
Further amend the amendment by inserting after section 2 the 
following: 
'Sec. 3. 17-A MRSA §1252, sub-§4-B, ~A. as amended by PL 2003, 
c. 711, Pt. B, §19, is further amended to read: 
A. 
As 
used 
in 
this 
section, 
"repeat 
sexual 
assault 
offender" 
means 
a 
person who 
commits 
a 
new !3F966--&eifHa± 
assaHlt 
rape after having been convicted previously and 
sentenced for any of the following: 
(1) 
GlE'ess Rape, formerly denominated as gross 
assaultT--~eFffieFly--QeB9ffi~Batee and 
as 
gross 
misconduct; 
sexual 
sexual 
(3) 
Attempted murder accompanied by sexual assault; 
(4) 
Murder accompanied by sexual assault; or 
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AMENDMENT "C" to H.P. 
1224, 
(5) 
Conduct substantially similar to a crime listed in 
subparagraph (1), f6tT (3) or (4) that is a crime under 
the laws of the United States or any other state. 
The date of sentencing is the date of the oral pronouncement 
of the sentence by the trial court, even if an appeal is 
taken. 
Sec. 4. 17-A MRSA §1252, sub·§4-C, as enacted by PL 2003, c. 
711, Pt. B, §20, is amended to read: 
4-C. 
If the State pleads and proves that a Class A crime of 
~Fess--6e*Ua-l--a66aIo1.1'= ~ 
was 
committed by a 
person who 
had 
previously been convicted and sentenced for a Class B or Class C 
crime of unlawful sexual contact, or an essentially similar crime 
in another 
jurisdiction, that prior conviction must 
be given 
serious consideration by the court in exercising its sentencing 
discretion. ' 
Further amend the amendment by inserting after section 4 the 
following: 
'Sec. 5. 19-A MRSA §1653, sub·§6-A, ,A, as amended by PL 2003, 
c. 711, Pt. C, §1, is further amended to read: 
A. 
For the purposes of this section, "child-related sexual 
offense" means the following sexual offenses if, at the time 
of the commission of the offense, the victim was under 18 
years of age: 
(1) 
Sexual exploitation of a minor, under Title 17-A, 
section 282; 
(2) 
GFess--seHlo1.al--assaIo1.1'=~, 
under 
Title 
17-A, 
section 253; 
(3) 
SeHlo1.a,l--abus-e--ef--a--mi-!HH' Child molestation, under 
Title 17-A, section 254; 
(4) 
Unlawful sexual contact, under former Title l7-A, 
section 255; 
(5) 
Visual sexual aggression against a child, under 
Title 17-A, section 256; 
(6) 
Sexual misconduct with a child under 14 years of 
age, under Title 17-A, section 258; or 
(7) 
An offense in another jurisdiction, including, but 
not limited to, that of a state, federal, military or 
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to H.P. 
1224, 
tribal court, that includes the essential elements of 
an offense listed in subparagraph (1), (2), (3), (4), 
(5) or (6). 
Sec. 6. 19-A MRSA §1658, sub-§4, as enacted by PL 1997, c. 
363, §L is amended to read: 
4. 
Exception. 
The court is not required to terminate the 
parental rights and responsibilities of a parent convicted of 
'§JFess--SeHya*--assay*t 
rape 
under 
Title 
-A, 
section 
253, 
subsection 1, paragraph B, that resulted in the conception of the 
child if: 
A. 
The parent or guardian of the other parent filed the 
petition; 
B. 
The other parent informs the court that the sexual act 
was consensual; and 
C. 
The other parent opposes the termination of the parental 
rights and responsibilities of the parent convicted of the 
'§JFess-SeHya*-aSsay*t rape. 
Sec. 7. 22 MRSA §4002, sub-§l-B, 1[A, as amended by PL 200L c. 
696, §10, is further amended to read: 
A. 
The parent has subjected any child for whom the parent 
was responsible to aggravated circumstances, including, but 
not limited to, the following: 
(1) 
Rape, 
formerly 
denominated 
as 
gross 
sexual 
misconduct T 
£nQ gross 
sexual assault, 
sexual abuse, 
incest, 
aggravated assault, 
kidnapping, 
promotion 
of 
prostitution, 
abandonment, 
torture, 
chronic 
abuse 
or 
any other treatment that is heinous or abhorrent to 
society. 
Sec. 8. 22 MRSA §4055, sub-§l-A, 1[B, as amended by PL 1995, c. 
481, §3, is further amended to read: 
B. 
The victim of any of the following crimes was a child 
for whom the parent was 
responsible or the victim was 
a 
child who was a member of a household lived in or frequented 
by the parent and the parent has been convicted of: 
(1) 
Murder; 
(2) 
Felony murder; 
(3) 
Manslaughter; 
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(4) 
Aiding or soliciting suicide; 
(5) 
Aggravated assault; 
to H.P. 1224, 
(6) 
Rape, formerly denominated as gross sexual assault 
and as gross sexual misconduct; 
(8) 
SeH~a~-aB~se-e~-miBeEs Child molestation; 
(9) 
Incest; 
(10) 
Kidnapping; 
(11) 
Promotion of prostitution; or 
(12) 
A comparable crime in another jurisdiction; 
Sec. 9. 24 MRSA §2986, as enacted by PL 1999, c. 719, §2 and 
affected by §11, is amended to read: 
§2986. 
Performing forensic examinations for alleged victims of 
rape 
1. 
Standard 
forensic 
examination 
kit. 
All 
licensed 
hospitals and licensed health care practitioners shall use 
a 
standard forensic examination kit developed and furnished by the 
Department of Public Safety pursuant to Title 25, section 2915 to 
perform forensic examinations for alleged victims of ~Eess-6eHHa± 
assa~*~ rape. 
2. 
Victims' 
Compensation 
Board 
billing. 
All 
licensed 
hospi tals and licensed health care practitioners that perform 
forensic examinations for alleged victims of ~Eess-seH~a±-a66aH±E 
rape 
shall submit 
a bill to the Victims' 
Compensation Board 
directly for payment of the forensic examinations. 
The Victims' 
Compensation Board shall determine what a forensic examination 
includes pursuant to Title 5, section 3360-M. 
The hospital or 
health care practitioner that performs a 
forensic examination 
shall take steps necessary to ensure the confidentiality of the 
alleged victim's identity. 
The bill submitted by the hospital or 
heal th care practitioner may not identify the alleged victim by 
name but must be assigned a tracking number that corresponds to 
the forensic examination kit. 
The tracking number may not be the 
alleged 
victim's 
social 
security 
number. 
The 
Victims' 
Compensation Board shall pay the actual cost of the forensic 
examination up to a 
maximum of $500. 
Licensed hospitals and 
licensed 
health 
care 
practitioners 
that 
perform 
forensic 
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examinations for alleged victims of ~F9ss-6eH~a±-a66aH±~ rape may 
not bill the 
alleged victim or the alleged victim' s insurer, 
nonprofit hospital or medical service organization or health 
maintenance organization for payment for the examination. 
3. 
Completed kit. 
If the alleged victim has not reported 
the 
alleged 
offense 
to 
a 
law 
enforcement 
agency 
when 
the 
examination is complete, the hospital or health care practitioner 
shall then notify the nearest law enforcement agency, which shall 
transport and store the kit for at least 90 days. 
The completed 
kit may be identified only by the tracking number. 
If during 
that 90-day period an alleged victim decides 
to report the 
alleged offense to a law enforcement agency, the alleged victim 
may contact the hospital or health care practitioner to determine 
the tracking number. 
The hospital or health care practitioner 
shall provide the alleged victim with the tracking number on the 
forensic examination kit and shall inform the alleged victim 
which law enforcement agency is storing the kit. 
If the alleged victim reports the alleged offense to 
a 
enforcement agency by the time the examination is complete, 
investigating 
law enforcement agency shall transport the 
directly to the Maine State Police Crime Laboratory. 
law 
the 
kit 
4. 
Other payment. 
A licensed hospital or licensed health 
care practitioner is not precluded from seeking other payment for 
treatment or services provided to an alleged victim that are 
outside the scope of the forensic examination. 
Sec. 10. 25 MRSA §1574, sub-§4, 1fE, as amended by PL 1997, c. 
608, §3, is further amended to read: 
E. 
bF9SS Rape, including that formerly denominated as gross 
sexual as saul tT--i~-ud-i-nq--~Ra~-.,f~.ffie-r...J.~-ee:aeR'li,:aa~ee and as 
gross sexual misconduct; 
Sec. 11. 25 MRSA §1574, sub-§4, 1fE-l, as enacted by PL 1997, c. 
608, §3, is repealed. 
Sec. 12. 25 MRSA §1574, sub-§4, 1fF, as enacted by PL 1995, c. 
457, §1, is repealed and the following enacted in its place: 
F. 
Child molestation; 
Sec. 13. 25 MRSA §1574, sub-§5, 1fC, as enacted by PL 2001, c. 
325, §5, is repealed and the following enacted in its place: 
C. 
Child molestation; 
HOUSE AMENDMENT 
HOUSE 
AMENDMENT 
L.D. 1717 
,v. to COMMITTEE 
AMENDMENT "C" to H.P. 1224, 
Sec. 14. 25 MRSA §1574, sub-§6, F, as enacted by PL 2003, c. 
393, §3, is amended to read: 
F. 
~ress Rape, including that formerly denominated as gross 
sexual assault; 
Sec. IS. 25 MRSA §291S, as enacted by PL 1999, c. 719, §3 and 
affected by §ll, is amended to read: 
§2915. 
Uniform forensic examination kit for evidence collection 
in alleged cases of rape 
1. 
Development of uniform forensic examination kit. 
The 
Department 
of 
Public 
Safety 
shall 
determine 
by 
rule 
what 
constitutes a uniform standardized forensic examination kit for 
evidence collection in alleged cases of 
~re6S--&e*Qa±--a&&aQ±~ 
rape. 
The 
rules 
must 
define 
the 
contents 
of 
the 
kit, 
instructions for 
administering the kit 
and 
a 
checklist that 
examiners must follow and enclose in the completed kit. 
2. 
Use of uniform forensic examination kit. 
A licensed 
hospital 
or 
licensed health care practitioner that 
conducts 
physical examinations of alleged victims of ~re66--6-El*Ua-1--a&&aQ±~ 
rape shall use the uniform standardized forensic examination kit 
developed 
by 
the 
Department 
of 
Public 
Safety 
pursuant 
to 
subsection 1. 
A health care practitioner who conducts physical 
examinations of alleged victims of ~ress-6eH~a±-a6sa~±~ rape must 
be trained in the proper evidence collection procedures 
for 
conducting a forensic examination. 
Evidence collection results may not be excluded as evidence in 
any proceeding before any court of this State as a result of the 
examiner's failure to use the standardized evidence collection 
kit or as a result of the examiner's failure to be trained in the 
proper procedures for the collection of evidence required by this 
subsection. 
3. 
Furnishing of uniform forensic examination kit. 
The 
Department of Public Safety shall furnish the uniform forensic 
examination kits to licensed hospitals and licensed health care 
practitioners 
that 
perform 
forensic 
examinations 
of 
alleged 
victims of ~ress-se*Qa±-assa~±~ rape. 
4. 
Rules. 
Rules 
routine technical rules 
subchapter ±±-A- 2-A. 
adopted pursuant to this 
as defined in Title 5, 
section are 
chapter 375, 
Sec. 16. 25MRSA§3821, as enacted by PL 1999, c. 719, §4 and 
affected by §ll, is amended to read: 
HOUSE AMENDMENT 
HOUSE 
AMENDMENT 
L.D. 1717 
to COMMITTEE 
AMENDMENT "C" to H.P. 1224, 
§3821. 
Transportation and storage of forensic examination kits 
If an alleged victim of E!JJ:'9ss--s€*Ua-I--assaQlt; rape has 
a 
forensic examination and has not reported the alleged offense to 
a law enforcement agency when the examination is complete, the 
licensed hospital 
or 
licensed 
health care practitioner that 
completed the forensic examination shall notify the nearest law 
enforcement agency. 
That law enforcement agency shall transport 
the completed kit, identified only by a tracking number assigned 
by the hospital or health care practi:.:ioner, 
to its evidence 
storage facility. 
The law enforcement agency shall store the kit 
for at least 90 days from the time of receipt. 
If during that 
90-day period the alleged victim reports the offense to a 
law 
enforcement agency, the agency storing the kit shall transport 
the kit to the Maine State Police Crime Laboratory. 
Sec. 17. 30-A MRSA §287, sub-§l, as amended by PL 1999, c. 
719, §5 and affected by §ll, is further amended to read: 
1. 
Payment of expenses by district attorney. 
Except as 
provided 
in 
subsection 
2, 
in all 
cases 
reported 
to 
a 
law 
enforcement officer of sexual crimes against minors or assault 
when serious bodily injury has been inflicted, the office of the 
district attorney of the county in which the 
alleged crime 
occurred shall pay the expenses of a physical examination of the 
victim conducted for the purpose of obtaining evidence for the 
prosecution. 
Pursuant to Title 5, section 3360-M, the Victims' 
Compensation 
Board 
shall 
pay 
the 
expenses 
of 
forensic 
examinations for alleged victims of E!JJ:'9ss-SeHQal-assaQlt rape. 
Sec. 18. 30-A MRSA §287, sub-§2-A, as enacted by PL 1999, c. 
719, §6 and affected by §ll, is amended to read: 
2-A. 
Drug and alcohol testing. 
Notwithstanding subsections 
and 2 and Title 5, section 3360-M, the district attorney shall 
pay the expense of 
any analysis of 
a 
drug or 
alcohol test 
performed as part of a forensic examination of an alleged victim 
of ~~ess-seHQal-assaQlt rape when the purpose of the analysis is 
to obtain evidence for the prosecution. 
Sec. 19. 34-A MRSA §11221, sub-§6-A is enacted to read: 
6-A. 
Distribution of information to town clerk. 
The bureau 
shall distribute, via electronic mail, the information described 
in subsections 1 and 11 to the town clerk of a town that has no 
police department. 
The bureau shall send an electronic mail containing the 
new 
releases of registrants to the town clerk on a monthly basis. 
Page l4-LR2770(2l) 
HOUSE AMENDMENT 
HOUSE 
AMENDMENT 'U' to COMMITTEE 
AMENDMENT "c" 
L.D. 1717 
to H.P. 1224, 
Sec. 20. 34-A MRSA §11221, sub-§l1 is enacted to read: 
11. 
Law enforcement agene.y: provide information to bureau. 
A law enforcement agency shall notify the bureau if the law 
enforcement agency has a registrant in its custody. 
Sec. 
21. 
Appropriations 
and 
allocations. 
appropriations and allocations are made. 
PUBLIC SAFETY, DEPARTMENT OF 
State Police 
0291 
The 
following 
Initiative: 
Appropriates and allocates funds on a one-time basis 
for 
the 
costs 
of 
certain 
computer 
enhancements 
needed 
to 
distribute information from the sex offender registry. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
HIGHWAY FUND 
All Other 
HIGHWAY FUND TOTAL 
Further amend 
any 
nonconsecutive 
consecutively. 
the amendment 
Part 
letter 
by 
or 
SUMMARY 
2005-06 
2006-07 
$0 
$2,960 
$0 
$2,960 
2005-06 
2006-07 
$0 
$5,040 
$0 
$5,040' 
relettering or renumbering 
section 
number 
to 
read 
This amendment changes the names 
of the crimes of gross 
sexual assault and sexual abuse of a minor to rape and child 
molestation. 
The 
amendment 
also 
requires 
the 
Department 
of 
Public 
Safety, 
State 
Bureau of Identification to distribute 
information contained in the sex offender registry to town clerks 
of towns that do not have police departments. 
The amendment also 
requires 
a 
law 
enforcement 
agency 
to notify 
the 
bureau 
by 
HOUSE AMENDMENT 
HOUSE 
AMENDMENT ,D' to COMMITTEE 
AMENDMENT "e" to H.P. 
L.D. 1717 
1224, 
electronic mail if the law enforcement agency has a registrant in 
its custody. 
SPONSORED BY: 
TOWN: 
Durham 
FISCAL NOTE REQUJRED 
(See Attached) 
HOUSE AMENDMENT 
Approved: 04/27/06 ;t:pac 
LD 1717 
LR 2770(21) 
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 'V' to Committee Amendment ,~ 
Sponsor: Rep. Vaughan 
Fiscal Note Required: Yes 
Fiscal Note 
Current Cost - State Mandate 
Net Cost (Savings) 
General Fund 
Highway Fund 
Appropriations/Allocations 
General Fund 
Highway Fund 
State Mandate 
New or Expanded Activity 
2005-06 
$0 
$0 
$0 
$0 
Requiring local law enforcement agencies to notify the Department 
of Public Safety by electronic mail if the agency has a registered 
sex offender in its custody represents a state mandate. The costs 
are not expected to be significant. 
Fiscal Detail and Notes 
2006-07 
$2,960 
$5,040 
$2,960 
$5,040 
Unit Affected 
Municipality 
County 
Projections 
2007-08 
$0 
$0 
$0 
$0 
Costs 
Insignificant 
Projections 
2008-09 
$0 
$0 
$0 
$0 
The Department of Public Safety will require a one-time General Fund appropriation of $2,960 in fiscal year 20006-07 
and a one-time Highway Fund allocation of $5,040 in fiscal year 2006-07 for the costs of certain computer 
enhancements needed to distribute information from the sex offender registry. 
LR2770(21) - Fiscal Note - Page 1 of 1