An Act To Create Mandatory Minimum Sentences for Persons Convicted of Certain Sex Offenses against Victims under 12 Years of Age
Maine Legislature, Session 123, LD 0046
Committee Amendment CA_B_H543 (House)
Committee: Criminal Justice and Public Safety

COMMITTEE AMENDMENT" B" to H.P. 44, L.D. 46, 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 striking out the title and substituting the following: 
'An Act To Create Mandatory Minimum Sentences of25 Years 
Imprisonment for Persons Convicted of Repeat Sex Offenses against Victims 
under 12 Years of Age' 
Amend the bill by striking out all of section 2 (page 1, lines 7 to 13 in L.D.) 
Amend the bill in section 3 by striking out all of subsection 4-F (page 1, lines 15 to 
in L.D.) and inserting the following: 
'4-F. If the State pleads and proves that a crime under section 253 was committed 
against a person who had not yet attained 12 years of age and that the defendant had 
previously been convicted and sentenced for committing gross sexual assault, formerly 
denominated as gross sexual misconduct, or rape, or had previously been convicted and 
sentenced for engaging in substantially similar conduct in another jurisdiction against a 
person who had not yet attained 12 years of age, the court, notwithstanding subsection 2, 
shall impose a term of imprisonment for any term of years not less than 25.' 
Amend the bill by relettering ,or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment is one of 2 minority reports of the Joint Standing Committee on 
Criminal Justice and Public Safety. The amendment strikes the provision in the bill that 
changes the sentence for gross sexual assault against a victim who is under 12 years of 
age to a period of imprisonment of 25 years. Instead, the amendment specifies that if the 
State pleads and proves that a gross sexual assault was committed against a person who 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT '8 to H.P. 44, L.D. 46 
had not yet attained 12 years of age and that the defendant had previously been convicted 
and sentenced for committing gross sexual assault, formerly denominated as gross sexual 
misconduct, or rape, or conduct substantially similar to one of these crimes in another 
jurisdiction against a person who had not yet attained 12 years of age, the court shall 
impose a term of imprisonment for any term of years that is not Jess than 25. 
FISCAL :\OTE REQClRED 
(~ee. attached) 
COMMITTEE AMENDMENT 
Approved: 06/06/07 frac. 
LD46 
LR 129(03) 
An Act To Create Mandatory Minimum Sentences for Persons Convicted of Certain Sex Offenses 
against Victims under 12 Years of Age 
Fiscal Note for Bill as Amended by Committee Amendment ''8' 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - General Fund 
Correctional and Judicial Impact Statements 
The bill adds an average 15 years to the current sentence for certain crimes against victims under 12. 
Fewer cases settled without trial increases court costs. 
Fiscal Detail and Notes 
This legislation establishes a mandatory minimum sentence of 2S years for persons convicted of certain sex offenses 
against victims under the age of 12. The additional future cost to the state correctional facilities for one inmate is 
shown below. This legislation will also result in current costs for additional time requirements for judges, clerks, law 
clerks, security, court reporters and indigent defense. Since felony charges are given priority within the Judicial 
Branch, this legislation may delay other types of cases in the judicial system. 
Correctional Costs 
year sentence 
Additional 
Years Added 
Cost per 
Year for One 
Inmate 
$38,018 
Extra Cost for 
One Full 
Sentence 
$570,270 
LR0129(03) - Fiscal Note - Page 1 of 1 
Extra Cost 
Begins in 
Year