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_D_H979 (House)
Amends: 17-A MRSA §253, 17-A MRSA §1252

HOUSE AMENDMENT .:y" 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 by inserting before section 1 the following: 
· Sec. 1. 17-A MRSA §253, sub-§I, ,C, as enacted by PL 2003, c. 
711, Pt. B, §2, is amended to read: 
C. 
The other person, not the actor' s spouse, has not in 
fact attained 12 years of age. 
Violation of this paragraph 
is a Class A crime, except that. notwithstanding section 
1252, subsection 2, the sentence for a violation of this 
paragraph is a definite period of imprisonment for any term 
of years.' 
Further amend the bill by striking out all of sections 3 and 
and inserting in their place the following: 
'Sec. 3. 17-A MRSA §1252, sub-§4-E is enacted to read: 
4-E. 
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, the court. in determining the 
basic term of 
imprisonment pursuant to section 1252-C, 
shall 
select a period of 20 yeais.' 
Further amend the 
nonconsecutive 
consecutively. 
Part 
HOUSE 
bill by relettering 
letter 
or 
section 
Page l-LR2770(11) 
or renumbering any 
number 
to 
read 
-
AMENDMENT 
c;; . 
.. 
~. 
HOUSE AMENDMENT 'J)' to H. P. 1224, L. D. 1717 
SUMMARY 
This amendment strikes the provisions of the bill that apply 
a 25-year sentence of imprisonment to a person who commits gross 
sexual assault against a victim who has not yet attained 12 years 
of age and a life sentence of imprisonment for a person who has 
previously been convicted of committing gross 
sexual 
assault 
against a victim who has not yet attained 12 years of age. 
Under 
the bill, neither sentence may be suspended by the court. 
The amendment instead authorizes a term of imprisonment for 
any term of years, including a term that exceeds 30 years, the 
maximum term of imprisonment for a Class A crime. 
This 
amendment 
specifies 
that 
the 
basic 
period 
of 
imprisonment 
for 
a 
person 
who 
commits 
gross 
sexual 
assault 
against a victim who has not yet attained 12 years of age is 20 
years: 
the 
court 
may 
increase 
or 
decrease 
the 
term 
of 
imprisonment based upon all other relevant sentencing factors, 
both aggravating and mitigating, appropriate to that case. These 
sentencing factors include, but are not limited to, the character 
of the offender and the offender's criminal history, the effect 
of the offense on the victim and the protection of the public 
interest. 
SPONSORED BY, ~ 
(Representative TRAHAN) 
TOWN: 
Waldoboro 
FISCAL ~ 0 IE H. E V L1 KED 
!~~! attached) 
HOUSE AMENDMENT 
Approved: 04/06/06 ;:'b;ac:.. 
LD 1717 
LR 2770(11) 
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 'PI 
Sponsor: Rep. Trahan 
Fiscal Note Required: Yes 
Fiscal Note 
Potential reduction of future biennium cost - General Fund 
Correctional and Judicial Impact Statements: 
This amendment reduces the required period of imprisonment to 20 years and allows a court to increase or decrease 
the term of imprisonment depending on certain relevant factors. Such a change may reduce the increased future 
correctional costs the bill creates. 
LR2770(1l) - Fiscal Note - Page 1 of 1