An Act To Strengthen Permissible Inference" in the Law Concerning Dissemination of Sexually Explicit Material
Maine Legislature, Session 123, LD 0003
Committee Amendment CA_B_H646 (House)
Amends: 17-A MRSA §283

COMMITTEE AMENDMENT" & "to H.P. 4, L.D. 3, Bill, "An Act To Strengthen 
"Permissible Inference" in the Law Concerning Dissemination of Sexually Explicit 
Material" 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 17-A MRSA §283, sub-§2, as enacted by PL 2003, c. 711, Pt. B, §12, is 
amended to read: 
2. 
F or the purposes of this section, possession of -U) ~ or more copies of any--ef the 
materials as described in subsection 1 same book, magazine, newspaper, print, negative, 
slide, motion picture, videotape, computer data file or other mechanically, electronically 
or chemically reproduced visual image or material gives rise to a permissible inference 
under the Maine Rules of Evidence, Rule 303 that the person possesses those items with 
intent to disseminate. 
Sec. 2. Appropriations and allocations. 
The following appropriations and 
allocations are made. 
CORRECTIONS, DEPARTMENT OF 
Correctional Impact Reserve N033 
Initiative: Provides funds for the estimated incarceration costs to the state correctional 
institutions. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2007-08 
$0 
$0 
COMMITTEE AMENDMENT 
2008-09 
$37,945 
$37,945 
COMMITTEE AMENDMENT "Jj.. to H.P. 4. L.D. 3 
CORRECTIONS, DEPARTMENT OF 
DEPARTMENT TOTALS 
2007-08 
GENERAL FUND 
$0 
DEPARTMENT TOTAL-ALL FUNDS 
$0 
JUDICIAL DEPARTMENT 
Courts - Supreme, Superior, District and Administrative 0063 
Initiative: Provides funds for additional indigent defense costs. 
GENERAL FUND 
2007-08 
All Other 
$0 
GENERAL FUND TOTAL 
$0 
JUDICIAL DEPARTMENT 
DEPARTMENT TOTALS 
2007-08 
GENERAL FUND 
$0 
DEPARTMENT TOTAL-ALL FUNDS 
$0 
SECTION TOTALS 
2007-08 
GENERAL FUND 
$0 
SECTION TOTAL - ALL FUNDS 
$0 
SUMMARY 
2008-09 
$37,945 
$37,945 
2008-09 
$5,000 
$5,000 
2008-09 
$5,000 
$5,000 
2008-09 
$42,945 
$42,945 
This amendment replaces the bill. The amendment removes the emergency clause 
and preamble and specifies that, for purposes of dissemination of sexually explicit 
materials, possession of 2 or more copies of the same book, magazine, newspaper, print, 
negative, slide, motion picture, videotape, computer data file or other mechanically, 
electronically or chemically reproduced visual image or material gives rise to a 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" g " 
to H.P. 4, L.D. 3 
permissible inference under the Maine Rules of Evidence, Rule 303 that the person who 
possesses those items has the intent to disseminate them. It also adds an appropriations 
and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 12119/07 frac 
LD3 
LR 528(04) 
An Act To Strengthen "Permissible Inference" in the Law Concerning Dissemination of Sexually 
Explicit Material 
Fiscal Note for Bill as Amended by Committee Amendment" 15 " 
Committee: Criminal Justice and Public Safety 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Correctional and Judicial Impact Statements 
Fiscal Note Required: Yes 
Fiscal Note 
2007-08 
$0 
$0 
May increase violations of Class A, Band C crimes. See cost detail below. 
Fiscal Detail and Notes 
Correctional Cost Detail 
FY 2008 
New Class A Crimes 
$0 
New Class B Crimes 
$0 
New Class C Crimes 
$0 
Total Cost - All Convictions 
$0 
2008-09 
$42,945 
$42,945 
FY 2009 
$0 
$37,945 
$0 
$37,945 
Projections 
2009-10 
$100,956 
$100,956 
FY 2010 
$0 
$95,955 
$0 
$95,955 
Projections 
2010-11 
$123,302 
$123,302 
FY 2011 
$0 
$118,30 I 
$0 
$118,301 
This estimate assumes one offender occurrence beginning in fiscal year 2008-09 and 2 offender occurrences per year 
thereafter. The cost estimate is based on all time served as Class B crimes. The current average cost to the State for a 
Class B crime is $94,915 based on an average length of stay of2 years 7 months (913 days) and $103.96 per day. This 
estimate is based on actual sentences for a similar crime of 547 days for each occurrence and probation costs of 1095 
days at an average cost per day for each occurrence of $6.25. Based on this estimate, the Department of Corrections 
will require a General Fund appropriation of $37,945 in fiscal year 2008-09, $95,955 in fiscal year 2009-10 and 
$1 18,301 in fiscal year 2010-11 to provide funds associated with the estimated incarceration costs to the state 
correctional institutions. 
The Judicial Department will require a General Fund appropropriation of $5,000 in fiscal year 2008-09 and annually 
thereafter to provide funds for additional indigent defense costs for an estimated 10 cases per year. 
LR0528(04) - Fiscal Note - Page I of I