An Act To Implement the Recommendations of the Human Trafficking Task Force II
Maine Legislature, Session 123, LD 0461
Committee Amendment CA_B-SA_A_S690 (Senate)
Amends: 17-A MRSA §301

SENA TE AMENDMENT " ~ " to COMMITTEE AMENDMENT "8" to H.P. 360, 
L.D. 461, Bill, "An Act To Implement the Recommendations of the Human Trafficking 
Task Force" 
II 
Amend the amendment by striking out all of Part A and inserting the fOllowing: 
'PART A 
Sec. A-I. 17-A MRSA §301, sub-§2, as amended by PL 2001, c. 383, §26 and 
affected by § 156, is further amended to read: 
2. 
"Restrain" means to restrict substantially the movements of another person 
without the other person's consent or other lawful authority by: 
A. 
Removing the other person from the other person's residence, or place of 
business, or from a school; Sf 
8. Moving the other person a substantial distance from the vicinity where the other 
person is found; Sf 
C. Confining the other person for a substantial period either in the place where the 
restriction commences or in a place to which the other person has been movedo; 
D. 
Destroying, concealing, removing, confiscating or possessing any actual or 
purported passport or other immigration document or other actual or purported 
government identification document of the other person; or 
E. Using any scheme, plan or pattern intended to cause the other person to believe 
that if the person does not perform certain labor or services, including prostitution, 
that the person or another person will suffer serious harm or restraint.' 
Amend the amendment in Part B in section I in §4 70 I in subsection I in paragraph A 
in the first and 2nd lines (page 3, lines 29 and 30 in amendment) by striking out the 
I 
following: "under Title 17 -A, chapter 10" 
Amend the amendment in Part B in section I in §4 70 I in subsection 1 by inserting 
after paragraph B the following: 
SENA TE AMENDMENT 
· • 'i>, 
''f>. 
II 
SENATE AMENDMENT "A" to COMMITTEE AMENDMENT "8" to H.P. 360, L.D. 461 
'c. "Human trafficking offense" means kidnapping or criminal restraint under Title 
17-A, section 30 I or 302 when the crime involves restraining a person by destroying, 
concealing, removing, confiscating or possessing any actual or purported passport or 
other immigration document or other actual or purported government identification 
document of the other person or using any scheme, plan or pattern intended to cause 
that person to believe that if the person does not perform certain labor or services, 
including prostitution, that the person or another person will suffer serious harm or 
restraint. ' 
Amend the amendment in Part C in section 2 in subsection 9 in the last line (page 4, 
line 32 in amendment) by striking out the following: "under Title 17-A, chapter 10" and 
inserting the following: 'as defined in Title 5, section 4701, subsection I, paragraph C' 
Amend the amendment in Part 0 in section I in paragraph F in the 3rd line from the 
end (page 5, line I I in amendment) by striking out the following: "under chapter 10" and 
inserting the following: 'as defined in Title 5, section 470 I, subsection I, paragraph C' 
Amend the amendment in Part E in section 3 by striking out all of paragraph I (page 
5, line 30 in amendment) and inserting the following: 
'I. 
Causing a human trafficking offense as defined In Title 5, section 470 I, 
subsection I, paragraph c.' 
Amend the amendment by inserting after Part F the following: 
'PARTG 
Sec. G-l. Criminal Code Revision Commission. By March I, 2009, the joint 
standing committee of the Legislature having jurisdiction over criminal justice and public 
safety matters, after consultation with the joint standing committee of the Legislature 
having jurisdiction over judiciary matters and the joint standing committee of the 
Legislature having jurisdiction over appropriations and financial affairs, shall submit 
legislation to the First Regular Session of the 124th Legislature establishing the Criminal 
Code Revision Commission, for the purpose of reviewing, revising, unifying, recodifying 
and consolidating Maine's criminal laws, including, but not limited to, the Maine 
Criminal Code. The commission shall: 
I. Examine all sections of the Maine Criminal Code and all crimes outside the Maine 
Criminal Code; 
2. Evaluate the operation of the Maine Criminal Code in an effort to revise the Maine 
Criminal Code as necessary to ensure clarity, consistency, generalization in defining 
prohibited conduct, that all penalties and punishments are proportioned to the offense and 
equity in sentencing, 
The commission shall recommend amendments to the Maine 
Criminal Code based on such evaluation and amendments to other criminal statutes 
outside the Maine Criminal Code; and 
J. 
Examine any other aspects of Maine's criminal law, including substantive, 
procedural and administrative matters, that the commission determines relevant. 
SENA TE AMENDMENT 
~ 
~ " 
"1' • . 
' 
SENATE AMENDMENT "A" to COMMITTEE AMENDMENT "8" to H.P. 360, L.D. 461 
The legislation must provide that the Criminal Code Revision Commission may 
accept federal and other grants to carry out its responsibilities.' 
Amend the amendment by relettering or renumbering any nonconsecutive Part letter 
or section number to read consecutively, 
SUMMARY 
This amendment strikes and replaces Part A of Committee Amendment "8", The 
amendment removes the crimes of causing involuntary servitude, human trafficking and 
aggravated human trafficking. 
"Human trafficking offense" is defined to mean 
kidnapping or criminal restraint as defined in the Maine Revised Statutes, Title 17-A, 
section 30 I or 302 when the crime involves restraining a person by destroying, 
conceal ing, removing, confiscating or possessing any actual or purported passport or 
other immigration document or other actual or purported government identification 
document of the other person or using any scheme, plan or pattern intended to cause that 
person to believe that if the person does not perform certain labor or services, including 
prostitution, that the person or another person will suffer serious harm or restraint. The 
amendment adds elements of the definition of "human trafficking" to the definition of 
"restrain." 
This amendment also adds a new part that requires the joint standing committee of 
the Legislature having jurisdiction over criminal justice and public safety matters, after 
consultation with the joint standing committees of the Legislature having jurisdiction 
over jud iciary matters and appropriations and financial affairs, to submit legislation to the 
Commission for the purpose of reviewing, 
revising, unifying, recodifying and 
consolidating Maine's criminal laws, including, but not limited to, the Maine Criminal 
Code. 
A comprehensive revision of the Maine Criminal Code has not occurred since 
1976. 
SPONSORED BY: -+----f--+----1....<:------'---.J'-" 
(Senator ROTU 
COUNTY: Androscoggin 
SENA TE AMENDMENT 
Approved: 04/18/08 Mac 
LD 461 
LR 476(07) 
An Act To Implement the Recommendations of the Human Trafficking Task Force 
Fiscal Note for Senate Amendment" A " 
to Committee Amendment "B" 
Sponsor: Sen. Rotundo of Androscoggin 
Net Cost (Savings) 
General Fund 
Appropriationsl Allocations 
General Fund 
Correctional and Judicial Impact Statements 
Fiscal Note Required: Yes 
Fiscal Note 
2007-08 
$0 
$0 
2008-09 
($37,945) 
($37,945) 
Projections 
2009-10 
($75,891) 
($75,891) 
Projections 
2010-11 
($94,915) 
($94,915) 
This amendment strikes new Class A and Class B crimes established in the committee amendment and proposes to 
expand the definition of an existing Class D crime of criminal restraint to include human trafficking. It also removes 
the need to appropriate funds for ann ual incarceration costs at the Department of Corrections. 
LR0476(07) - Fiscal Note - Page I of I