Maine Legislature, Session 122, LD 1232
Committee Amendment CA_A_H655 (House)
Amends: 19-A MRSA §1653, 19-A MRSA §4007

COMMITTEE AMENDMENT ·A" to H. P. 850, 
Act To Protect Children from Individuals 
Sexual Abuse of Children in the Past" 
L.D. 1232, Bill, "An 
Who 
Have Engaged in 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
·Sec.l. 18-A MRS A §9-304, sub-§(b-l) is enacted to read: 
(b-l) 
There is a rebuttable presumption that the petitioner 
would create 
a 
situation of 
jeopardy for 
the child if the 
adoption were granted and that the adoption is not in the best 
interest of the child if the court finds that the petitioner for 
the adoption of a minor child: 
(1) 
Has been convicted of an offense listed in Title 19-A, 
section 1653, 
subsection 
6-A, 
paragraph A in which the 
victim was 
a minor at the time of the offense and the 
petitioner was at least 5 years older than the minor at the 
time of the offense except that, if the offense was gross 
sexual assault under Title 17-A, section 253, subsection 1, 
paragraph B or C and the minor victim submitted as a result 
of compulsion, 
the presumption applies regardless of the 
ages of the petitioner and the minor victim at the time of 
the offense: or 
(2) 
Has 
been adjudicated in an action under Title 22, 
chapter 1071 of sexually abusing a person who was a minor at 
the time of the abuse. 
The petitioner may present evidence to rebut the presumption. 
Page l-LR0429(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·ft .. to H.P. 850, L.D. 1232 
Sec. 2. 19-A MRS A §1653, sub-§6-A, 1JA, as amended by PL 2003, 
c. 711, Pt. C, §l, 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 l7-A, 
section 282; 
(2) 
Gross sexual assault, under Title l7-A, section 
253; 
(3) 
Sexual abuse of a minor, under Title l7-A, section 
254; 
(4) 
Unlawful sexual contact, under 
~e!:'lRe!:' Title l7-A, 
section 255-A or former section 255; 
(5) 
Visual sexual aggression against a child, under 
Title l7-A, section 256; 
(6) 
Sexual misconduct with a child under 14 years of 
age, under Title l7-A, section 258; e!:' 
(6-A) 
Solicitation of a child by computer to commit a 
prohibited act, under Title l7-A, section 259; or 
(7) 
An offense in another jurisdiction, including, but 
not limited to, that of a state, federal, military or 
tribal court, that includes the essential elements of 
an offense listed in subparagraph (1), (2), (3), (4), 
(5) e!:'L (6) or (6-A). 
Sec.3. 19-A MRSA §1653, sub-§6-B is enacted to read: 
6-B. 
Conviction or adjudication for certain sex offenses; 
presumption. 
There 
is 
a 
rebuttable 
presumption 
that 
the 
petitioner would create a situation of jeopardy for the child if 
any contact were to be permitted and that any contact is not in 
the best interests of the child if the court finds that the 
person seeking primary residence or contact with the child: 
A. 
Has been convicted of an offense listed in Title 19-A, 
section 1653, 
subsection 6-A, 
paragraph A in which the 
victim was a minor at the time of the offense and the person 
was at least 5 years older than the minor at the time of the 
offense except that, if the offense was gross sexual assault 
under 
Title 
l7-A, 
section 
253, 
subsection 
1, 
COMMITTEE AMENDMENT 
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paragraph B or C and the minor victim submltted as a result 
of compulsion, 
the presumption applies regardless of the 
ages of the person and the minor victim at the time of the 
offense; or 
B. 
Has 
been adjudicated in an action under Title 
22, 
chapter 1071 of sexually abusing a person who was a minor at 
the time of the abuse. 
The person seeking primary residence or contact with the child 
may present evidence to rebut the presumption. 
Sec. 4. 19-A MRS A §1803, sub-§8 is enacted to read: 
8. 
Conviction or adjudication for certain sex offenses; 
presumption. 
There 
is 
a 
rebuttable 
presumption 
that 
the 
grandparent would create a situation of jeopardy for the child if 
any contact were to be permitted and that contact is not in the 
best 
interest 
of 
the 
child if 
the 
court 
finds 
that 
the 
grandparent: 
A. Has been convicted of an offense listed in Title 19-A, 
section 1653, 
subsection 6-A, 
paragraph A in which the 
victim was 
a 
minor at the time of the offense and the 
grandparent was at least 5 years older than the minor at the 
time of the offense except that, if the offense was gross 
sexual assault under Title 17-A, section 253, subsection 1, 
paragraph B or C and the minor victim submitted as a result 
of compulsion, 
the presumption applies regardless of the 
ages of the grandparent and the minor victim at the time of 
the offense: or 
B. 
Has 
been adjudicated in an action under Title 
22, 
chapter 1071 of sexually abusing a person who was a minor at 
the time of the abuse. 
The 
grandparent 
seeking 
contact with 
the 
child 
may 
present 
evidence to rebut the presumption. 
Sec. 5. 19-A MRSA §4007, sub-§l, 1[G, as amended by PL 2001, c. 
273, §4, is further amended to read: 
G. 
Either awarding some or all temporary parental rights 
and 
responsibilities 
with 
regard 
to 
minor 
children 
or 
awarding temporary rights of contact with regard to minor 
children, or both, 
under such conditions that the court 
finds appropriate as determined in accordance with the best 
interest of the child pursuant to section 1653, subsections 
to a 6-B. 
The court's award of parental rights 
and 
responsibilities or rights of contact is not binding in any 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'A" to H.P. 850. L.D. 1232 
separate action involving an award of parental rights and 
responsibilities pursuant to chapter 
or in a 
similar 
action brought 
in another 
jurisdiction exercising child 
custody jurisdiction in accordance with the Uniform Child 
Custody Jurisdiction and Enforcement Act; 
Sec.6. 22 MRS A §4005-E, sub-§3 is enacted to read: 
3. 
Conviction or adjudication for certain sex offenses; 
presumption. 
There 
is 
a 
rebuttable 
presumption 
that 
the 
grandparent would create a situation of jeopardy for the child if 
any contact were to be permitted and that contact is not in the 
best 
interest 
of 
the 
child if 
the 
court 
finds 
that 
the 
grandparent: 
A. 
Has been convicted of an offense listed in Title 19-A, 
section 1653, 
subsection 
6-A, 
paragraph A in which the 
victim was 
a 
minor at the time of the offense and the 
grandparent was at least 5 years older than the minor at the 
time of the offense except that. if the offense was gross 
sexual assault under Title 17-A, section 253, subsection 1, 
paragraph B or C and the minor victim submitted as a result 
of compulsion, 
the presumption applies regardless of the 
ages of the grandparent and the minor victim at the time of 
the offense: or 
B. 
Has 
been adjudicated in an action under Title 22, 
chapter 1071 of sexually abusing a person who was a minor at 
the time of the abuse. 
The grandparent seeking visitation with or access to the child 
may produce evidence to rebut the presumption. 
Sec. 7. 22 MRS A §4035, sub-§2-A is enacted to read: 
2-A. 
Conviction or adjudication for certain sex offenses; 
presumption. 
There is a rebuttable presumption: 
A. 
That the person seeking custody or contact with the 
child would create a situation of jeopardy for the child if 
any contact were to be permitted and that contact is not in 
the best interest of the child if the court finds that the 
person: 
(1) 
Has been convicted of an offense listed in Title 
19-A, 
section 1653, 
subsection 6-A, 
paragraph A in 
which the victim was a minor at the time of the offense 
and the person was at least 5 years older than the 
minor at the time of the offense except that, if the 
offense was 
gross sexual assault under Title 17-A, 
section 253, subsection L 
paragraph B or C and the 
COMMITTEE AMENDMENT 
, 
, 
COMMITTEE AMENDMENT" A· to H.P. 850, L.D. 1232 
minor victim submitted as a result crf compulsion, the 
presumption applies 
regardless 
of 
the 
ages 
of 
the 
person and the minor victim at the time of the offense; 
or 
(2) 
Has been adjudicated in an action under Title 22, 
chapter 1071 of sexually abusing a person who was a 
minor at the time of the abuse. 
The person seeking custody or contact with the child may 
produce evidence to rebut the presumption; and 
B. 
That the parent or person responsible for the child 
would create a situation of jeopardy for the child if the 
parent or person allows, 
encourages or fails to prevent 
contact between the child and a person who: 
(1) 
Has been convicted of an offense listed in Title 
A, 
section 1653, 
subsection 6 A, 
paragraph A in 
which the victim was a minor at the time of the offense 
and the person was at least 5 years older than the 
minor at the time of the offense except that, if the 
offense was 
gross sexual assault under Title l7-A, 
section 253, subsection 1, paragraph B or C and the 
minor victim submitted as a result of compulsion, the 
presumption applies 
regardless 
of 
the 
ages 
of 
the 
person and the minor victim at the time of the offense; 
or 
(2) 
Has been adjudicated in an action under Title 22, 
chapter 1071 of sexually abusing a person who was a 
minor at the time of the abuse. 
The parent or person responsible for the child may produce 
evidence to rebut the presumption.' 
SUMMARY 
This amendment replaces the bill. 
This amendment revises the presumption of jeopardy to apply 
when the person seeking adoption, 
contact, primary residence, 
custOdy or visitation has any of a number of specific convictions 
for sexual abuse of a minor. 
The convictions are the same as in 
the bill, but are limited to crimes committed when the person was 
at least 5 years older than the victim at the time of the abuse, 
except that a conviction for gross sexual assault of a child 
under 14 years of age or under 12 years of age results in the 
presumption 
if 
the 
child 
submitted 
because 
of 
compulsion, 
regardless of the age difference. 
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to H.P. 850. L.D. 1232 
This 
amendment also corrects references to the types of 
contact being sought with a minor to include types other than 
adoption. 
This amendment also adds a parallel provision in the child 
protection 
laws 
relating to 
the 
hearing 
and 
disposition of 
jeopardy 
petitions. 
This 
amendment 
provides 
a 
rebuttable 
presumption that there is jeopardy with regard to a parent or 
other person responsible for the child who allows, encourages or 
fails to prevent contact between the child and a person who has 
been convicted of one of the listed offenses. 
The parent or 
other person responsible for the child may produce evidence to 
rebut the presumption. 
COMMITTEE AMENDMENT