An Act To Take into Account the Crime Committed That Facilitated a Sexual Assault
Maine Legislature, Session 123, LD 0149
Committee Amendment CA_B_H647 (House)
Amends: 17-A MRSA §1252, 17-A MRSA §1256

COMMITTEE AMENDMENT "IJ "to H.P. 131, L.D. 149, Bill, "An Act To Take 
into Account the Crime Committed That Facilitated a Sexual Assault" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 17-A MRSA §1252, sub-§4-F is enacted to read: 
4-F. If the State pleads and proves that a Class B or C crime was committed with the 
intent to facilitate a chapter 11 crime, and the person is convicted of both the offense that 
facilitated the chapter 11 crime and the chapter 11 crime, the sentencing class for the 
crime that facilitated the chapter 11 crime is one class higher than it would otherwise be. 
In the case of a Class A crime, the sentencing class is not increased, but the prior record 
must be given serious consideration by the court when imposing a sentence. 
Sec. 2. 17-A MRSA §1256, sub-§3-A is enacted to read: 
3-A. Notwithstanding subsection 3, paragraph B, if the State pleads and proves that a 
Class A, B or C crime was committed with the intent to facilitate a chapter 11 crime, and 
the person is convicted of both the offense that facilitated the chapter 11 crime and the 
chapter 11 crime, the court may sentence the person to serve the terms of imprisonment 
consecutively. 
Sec. 3. Appropriations and allocations. 
The following appropriations and 
allocations are made. 
JUDICIAL DEPARTMENT 
Courts - Supreme, Superior, District and Administrative 0063 
Initiative: Provides funds for additional jury trial costs. 
GENERAL FUND 
All Other 
2007-08 
$0 
COMMITTEE AMENDMENT 
2008-09 
$960 
I 
COMMITTEE AMENDMENT" ~"to H.P. 131, L.D. 149 
GENERAL FUND TOTAL 
SUMMARY 
$0 
$960 
This amendment replaces the bill and clarifies the intent by moving the new 
sentencing provisions proposed in the bill to the more appropriate sections of the Maine 
Revised Statutes, Title 17-A, sections 1252 and 1256. The amendment makes the ability 
to impose consecutive sentences discretionary instead of mandatory. The amendment 
also makes technical language changes to conform to the Maine Criminal Code. The 
amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 12113/07 Mae 
LD 149 
LR 134(04) 
An Act To Take into Account the Crime Committed That Facilitated a Sexual Assault 
Fiscal Note for Bill as Amended by Committee Amendment "I!l' 
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 
2008-09 
$960 
$960 
Projections 
2009-10 
$960 
$960 
Projections 
2010-11 
$32,770 
$32,770 
Increases certain offenses from Class C to Class B and Class B to Class A, increasing the average length of stay for 
offenders. See cost detail below. 
Fiscal Detail and Notes 
Correctional Cost Detail 
FY2011 
FY 2012 
FY2013 
FY 2014 
FY 2015 
Class B to Class A Crimes 
$31,810 
$107,700 
$183,590 
$259,480 
$297,530 
Class C to Class B Crimes 
$0 
$0 
$0 
$0 
$0 
Total Cost - All Convictions 
$31,810 
$107,700 
$183,590 
$259,480 
$297,530 
This estimate assumes 2 convictions annually beginning in Fiscal Year 2008-09. The cost estimate assumes that all 
convictions will be changes from Class B to Class A crimes. There were no existing convictions for Class C crimes. 
This assumes that the average length of sentence will increase from 942 days to 2,373 days. The first incremental 
costs will be incurred in FY 2010-11 at $31,810 increasing to $297,530 over 5 years. 
The Judicial Department will require a General Fund appropriation of $960 in fiscal year 2008-09 and annually 
thereafter to provide funds for additional jury trial expenses. 
LROI34(04) - Fiscal Note - Page 1 of 1