An Act To Implement the Recommendations of the Criminal Law Advisory Commission
Maine Legislature, Session 123, LD 1240
Committee Amendment CA_B_H651 (House)
Amends: 15 MRSA §103-A, 15 MRSA §2115, 17-A MRSA §1201

COMMITTEE AMENDMENT "f3" to H.P. 882, L.D. 1240, Bill, "An Act To 
Implement the Recommendations of the Criminal Law Advisory Commission" 
Amend the bill by striking out all of section 3 and inserting the following: 
'Sec.3. 15 MRSA §103-A is enacted to read: 
§103-A. Commitment affected by certain sentences 
1. Interruption of commitment. 
When a person while in the custody of the 
Commissioner of Health and Human Services pursuant to a commitment order under 
section 103 is found by a court to be in violation of the person's conditional release for a 
Maine conviction and new institutional confinement is ordered, or a person commits a 
Maine crime for which the person is subsequently convicted and the sentence imposed 
includes a straight term of imprisonment or a split sentence, the person must be placed in 
execution of that punishment, and custody pursuant to the commitment order under 
section 103 must automatically be interrupted thereby. In the event execution of that 
punishment is stayed pending appeal, the commitment under section 103 continues for 
the stay's duration. The person must be returned to the custody of the Commissioner of 
Health and Human Services pursuant to the commitment order under section 103 when 
the new institutional confinement ordered or the straight term of imprisonment or the 
unsuspended portion of the split sentence imposed has been fully served.' 
Amend the bill by inserting after section 4 the following: 
'Sec. 5. 15 MRSA §2115, last ~, as repealed and replaced by PL 1965, c. 356, 
§63, is repealed.' 
Amend the bill by striking out all of section 7. 
Amend the bill by striking out all of sections 12 to 23. 
Amend the bill by striking out all of section 26 and inserting the following: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT b" to H.P. 882, L.D. 1240 
'Sec. 26. 17-A MRSA §1201, sub-§l, ~A-l, as amended by PL 2007, c. 340, § 1 
and c. 344, § I, is repealed and the following enacted in its place: 
A-I. 
The conviction is for a Class 0 or Class E crime other than: 
(1) A Class 0 or Class E crime relative to which, based upon both the written 
agreement of the parties and a court finding, the facts and circumstances of the 
underlying criminal episode giving rise to the conviction generated probable 
cause to believe the defendant had committed a Class A, Class 8 or Class C 
crime in the course of that criminal episode and, as agreed upon in writing by the 
parties and found by the court, the defendant has no prior conviction for murder 
or for a Class A, Class 8 or Class C crime and has not been placed on probation 
pursuant to this subparagraph on any prior occasion; 
(2) A Class 0 crime that the State pleads and proves was committed against a 
family or household member, a dating partner or a victim of sexual assault or 
stalking under chapter 9 or 13 or section 506-8, 554, 555 or 758. As used in this 
subparagraph, "family or household member" has the same meaning as in Title 
19-A, section 4002, subsection 4; "dating partner" has the same meaning as in 
Title 19-A, section 4002, subsection 3-A; "victim of sexual assault or stalking" 
means a person who has been a victim of conduct defined as stalking in section 
210-A or described as sexual assault in chapter II committed by someone other 
than a family or household member or dating partner; 
(3) A Class 0 or Class E crime in chapter II or 12; 
(4) A Class 0 crime under section 210-A; 
(4-A) A Class E crime under section 552; 
(5) A Class 0 or Class E crime under section 556, section 854, excluding 
subsection I, paragraph A, subparagraph (1), or section 855; 
(6) A Class 0 crime in chapter 45 relating to a schedule W drug; or 
(7) A Class D or Class E crime under Title 29-A, section 2411, subsection I-A, 
paragraph B.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment strikes from the bill a correction of an outdated reference to Rule 42 
of the Maine Rules of Criminal Procedure, as this correction was made in Public Law 
2007, chapter 196, section 6. 
The amendment strikes from the bill language that elevates the crime of theft by 
extortion to a Class 8 crime if the value ofthe property stolen is more than $10,000. 
The amendment also strikes from the bill the 2 new aggravated forms of home repair 
fraud. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·6, to H.P. 882, L.D. ]240 
The amendment also corrects a conflict created when Public Law 2007, chapter 340 
and chapter 344 both affected the same provision of law. The amendment corrects that 
conflict by incorporating the changes made by both. 
COMMITTEE AMENDMENT