An Act To Provide a Felony Penalty for Assault on a Firefighter
Maine Legislature, Session 123, LD 0239
Committee Amendment CA_B_H657 (House)
Committee: Criminal Justice and Public Safety
Amends: 17-A MRSA §752-C, 17-A MRSA §1252

COMMITTEE AMENDMENT ,13" to H.P. 201, L.D. 239, Bill, "An Act To 
Provide a Felony Penalty for Assault on a Firefighter" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Equalize the Penalties for Assault against Emergency Medical 
Care Providers with the Penalties for Assault against Firefighters' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 17-A MRSA §752-C, as enacted by PL 1997, c. 470, § 1, is repealed. 
Sec. 2. 17-A MRSA §1252, sub-§4-A, as amended by PL 2005, c. 527, § 18, is 
further amended to read: 
4-A. 
If the State pleads and proves that, at the time any crime, excluding murder, 
under chapter 9, 11, 13 or 27; section 402-A, subsection 1, paragraph A; or section 752-A 
or 752 C was committed, the defendant had been convicted of 2 or more crimes violating 
chapter 9, 11, 13 or 27; section 402-A, subsection 1, paragraph A; or section 752-A Sf 
7-5-U or essentially similar crimes in other jurisdictions, the sentencing class for the 
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. Section 9-A governs the use of prior convictions 
when determining a sentence, except that, for the purposes of this subsection, for 
violations under chapter 1 1, the dates of prior convictions may have occurred at any time. 
This subsection does not apply to section 210-A if the prior convictions have already 
served to enhance the sentencing class under section 21 O-A, subsection 1, paragraph C or 
any other offense in which prior convictions have already served to enhance the 
sentencing class.' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT::B" to H.P. 201, L.D. 239 
SUMMARY 
This amendment strikes and replaces the bill and is the majority report of the Joint 
Standing Committee on Criminal Justice and Public Safety. The amendment repeals the 
law that established the crime of committing assault on emergency medical care providers 
as a Class C crime. The repeal of this law means that assaults against emergency medical 
care providers may be charged under the general assault statute under Title 17-A, section 
207. Assault under Title 17-A, section 207 is a Class D crime, unless the victim is under 
years of age. This amendment makes the penalty for committing an assault on an 
emergency medical care provider the same as the penalty for committing an assault on a 
firefighter. The amendment also replaces the title in order to reflect these changes. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 01111/08 Mac:. 
LD239 
LR 1133(04) 
An Act To Provide a Felony Penalty for Assault on a Firefighter 
Fiscal Note for Bill as Amended by Committee Amendment ~ 
" 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium savings - General Fund 
Correctional and Judicial Impact Statements 
Decreases the class of crime from Class C to Class D for assault on emergency medical care providers. Sentences for 
this crime are likely to be in county jails. The Department of Corrections has no recent admissions on the Class C 
offense of assault against emergency care providers. May reduce the number of felony filings in the court system by a 
minimal amount. 
LRI133(04) - Fiscal Note - Page I of I