An Act To Improve the Use of Information Regarding Sex Offenders to Better Ensure Public Safety and Awareness
Maine Legislature, Session 123, LD 0446
Committee Amendment CA_B_S595 (Senate)
Amends: 17-A MRSA §261, 17-A MRSA §1152, 17-A MRSA §1204, 34-A MRSA §11203, 34-A MRSA §1, 34-A MRSA §11221, 34-A MRSA §11222, 34-A MRSA §11223, 34-A MRSA §11224, 34-A MRSA §11225-A, 34-A MRSA §11227, 34-A MRSA §11228

Minority 
COMMITTEE AMENDMENT ':.13" to S.P. 147, L.D. 446, Bill, "An Act To 
Improve the Use of Information Regarding Sex Offenders to Better Ensure Public Safety 
and Awareness" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'PART A 
Sec. A-I. 17-A MRSA §261, sub-§l, as enacted by PL 2007, c. 393, §1, is 
amended to read: 
1. A person is guilty of prohibited contact with a minor if that person: 
A. Has previously beeH eowlieted of aH offeRse uRder this eaapter or ehapter 12 
agaiRst aHotaer persoH who had Rot in faet attaiHed 14 years of age or has pre'f'ious\y 
beeH eOHvieted iH: aHother jl:lfisdietioH for eORduet substaHtially similar to that 
eOHtaiHed iH: this ehapter or eaapter 12 agaiHst aHother perSOR who had Hot iH: fact 
attaiRed 14 years of age; 
B. Has a duty to register uHder Title 34 ft, ehapter 15, subehapters 1 aHd 2; aRd 
C. Intentionally or knowingly has initiates direct or indirect contact with another 
person who has not in fact attained 14 years of age~ and: 
(1) Was convicted on or after January 1, 1982 of a Class E, C, D or E offense 
under this chapter or chapter 12 against another person who had not in fact 
attained 14 years of age or was convicted on or after January 1, 1982 in another 
jurisdiction for conduct substantially similar to that contained in this chapter or 
chapter 12 against another person who had not in fact attained 14 years of age; or 
(2) Was convicted of a Class A offense under this chapter or chapter 12 against 
another person who had not in fact attained 14 years of age or was convicted in 
another jurisdiction for conduct substantially similar to that contained in this 
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COMMITTEE AMENDMENT 'G " 
to S.P. 147, L.D. 446 
chapter or chapter 12 against another person who had not in fact attained 14 years 
of age. 
Violation of this subsection is a Class E crime. 
Sec. A-2. 17-A MRSA §261, sub-§2, as amended by PL 2007, c. 518, §6, is 
further amended to read: 
2. A person is guilty of prohibited contact with a minor in a sex offender restricted 
zone if that person: 
2A",. 
Has pre'liously been convicted of an offense under this chapter or chapter 12 
against another person who had not in fact attained 1 4 years of age or has previoHsly 
been convieted in another jurisdiction for conduct substantially similar to that 
contained in this chapter or chafl1:er 12 against aflother person vlho had not ifl fact 
attaifled 14 years of age; 
B. Has a dHt»' to register under Title 34 A, chapter 15, sHbchapters 1 and 2; and 
C. Intentionally or knowingly has initiates direct or indirect contact in a sex offender 
restricted zone with another person who has not in fact attained 14 years of age~ and: 
(1) Was convicted on or after January 1, 1982 of a Class B, C, D or E offense 
under this chapter or chapter 12 against another person who had not in fact 
attained 14 years of age or was convicted on or after January 1, 1982 in another 
jurisdiction for conduct substantially similar to that contained in this chapter or 
chapter 12 against another person who had not in fact attained 14 years of age; or 
(2) Was convicted of a Class A offense under this chapter or chapter 12 against 
another person who had not in fact attained 14 years of age or was convicted in 
another jurisdiction for conduct substantially similar to that contained in this 
chapter or chapter 12 against another person who had not in fact attained 14 years 
of age. 
Violation of this subsection is a Class D crime. 
Sec. A-3. 17-A MRSA §1152, sub-§2-C, as amended by PL 2003, c. 711, Pt. B, 
§ l3, is repealed. 
Sec. A-4. 17-A MRSA §1204, sub-§l-C, as amended by PL 2005, c. 488, §5, is 
repealed. 
PARTB 
Sec. B-1. 34-A MRS A §11201, as amended by PL 2003, c. 711, Pt. C, §4 and 
affected by Pt. D, §2, is further amended to read: 
§11201. Short title 
This chapter may be known and cited as the "Sex Offender Registration and 
Notification Act of 1999." The purpose of this chapter is to protect the public from 
potentially dangerous registrants and offenders by enhancing access to infonnation 
concerning those registrants and offenders. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" 13" to S.P. 147, L.D. 446 
Sec. B-2. 34-A MRS A §11202, sub-§2, as enacted by PL 2005, c. 423, § 1, is 
amended to read: 
2. Other jurisdictions. A person sentenced in another jurisdiction as an adult or as 
ajuvenile sentenced as an adult: 
A. 
At any time of an offense that requires registration in the jurisdiction of 
conviction pursuant to that jurisdiction's sex offender registration laws or that would 
have required registration had the person remained there; eF 
B. On or after January 1, 1982, of an offense that contains the essential elements of a 
sex offense or sexually violent offense~~ 
C. At any time for a military, tribal or federal offense requiring registration pursuant 
to: 
(1) 
The Jacob Wetterling Crimes Against Children and Sexually Violent 
Offender and Registration Act, also known as the Jacob Wetterling Act, Section 
170101 of the Violent Crime Control and Law Enforcement Act of 1994, Public 
Law 103-322, as amended; or 
(2) The Adam Walsh Child Protection and Safety Act of 2006, Public Law 109-
248. 
Sec. B-3. 34-A MRSA §11203, sub-§l-A, as amended by PL 2005, c. 423, §2, is 
further amended to read: 
I-A. Conditional release. "Conditional release" means supervised release of a 
registrant or an offender from institutional confinement for placement on probation, 
parole, intensive supervision, supervised release for sex offenders, supervised community 
confinement, home release monitoring or release under Title 15, section 104-A or Title 
17-A, chapter 54-G. 
Sec. B-4. 34-A MRSA §11203, sub-§4, as amended by PL 2003, c. 711, Pt. C, 
§9 and affected by Pt. D, §2, is further amended to read: 
4. 
Law enforcement agency having jurisdiction. 
"Law enforcement agency 
having jurisdiction" means the chief of police in the municipality where a registrant or an 
offender expects to be or is domiciled. If the municipality does not have a chief of police, 
"law enforcement agency having jurisdiction" means the sheriff of the county where the 
municipality is located. "Law enforcement agency having jurisdiction" also means the 
sheriff of the county in an unorganized territory. 
Sec. B-S. 34-A MRS A §11203, sub-§4-A, as amended by PL 2005, c. 423, §3, is 
further amended to read: 
4-A. 
Risk assessment instrument. 
"Risk assessment instrument" means an 
instrument created and modified as necessary by reviewing and analyzing precursors to a 
sex offense, victim populations of a registrant or an offender, living conditions and 
environment of a registrant or an offender and other factors predisposing a person to 
become a registrant or an offender, for the ongoing purpose of identifying risk factors. 
Sec. B-6. 34-A MRSA §11203, sub-§4-D, as enacted by PL 2003, c. 711, Pt. C, 
§ 11 and affected by Pt. D, §2, is amended to read: 
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4-D. 
Residence. 
"Residence" means that place or those places, other than a 
domicile, in which a person may spend time living, residing or dwelling. Proof that an 
offender has lived in the State for 14 days continuously or an aggregate of30 days within 
a period of one year gives rise to a permissible inference under the Maine Rules of 
Evidence, Rule 303 that the person has established a residence for the purposes of 
registration requirements imposed by this chapter. 
Sec. B-7. 34-A MRSA §1l203, sub-§4-E is enacted to read: 
4-E. Offender. "Offender" means a person to whom this chapter applies pursuant to 
section 11202. 
Sec. B-S. 34-A MRSA §1l203, sub-§5, as amended by PL 2003, c. 711, Pt. C, 
§ 12 and affected by Pt. D, §2, is further amended to read: 
5. Ten-year registrant. "Ten-year registrant" means a person who is has complied 
with the initial duty to register under this chapter as an adult convicted and sentenced or a 
juvenile convicted and sentenced as an adult of a sex offense. 
Sec. B-9. 34-A MRSA §1l203, sub-§6, ~, as repealed and replaced by PL 
2003, c. 711, Pt. C, §13 and affected by Pt. D, §2, is amended to read: 
B. A violation under former Title 17, section 2922; former Title 17, section 2923; 
former Title 17, section 2924; Title 17-A, section 253, subsection 2, paragraph E, F, 
G, H, lor J; Title 17-A, section 254; former Title 17-A, section 255, subsection 1, 
paragraph A, E, F, G, I or J; former Title 17-A, section 255, subsection 1, paragraph 
B or D if the crime was not elevated a class under former Title 17-A, section 255, 
subsection 3; Title 17-A, section 255-A, subsection 1, paragraph A, B, C, G, I, J, K, 
L, M, N, Q, R, S or T; Title 17-A, section 256; Title 17-A, section 258; Title 17-A, 
section 259; Title 17 -A, section 282; Title 17 -A, section 283; Title 17 -A, section 284; 
Title 17-A, section 30 1, subsection 1, paragraph A, subparagraph (3), unless the actor 
is a parent of the victim; Title 17 A, seetioH 302, HHless the aetor is a flareHt of the 
vietim; Title 17-A, section 511, subsection 1, paragraph D; Title 17-A, section 556; 
Title 17-A, section 852, subsection 1, paragraph B; or Title 17-A, section 855; or 
Sec. B-IO. 34-A MRSA §11203, sub-§6, ~C, as amended by PL 2005, c. 423, 
§5, is further amended to read: 
C. 
A violation in another jurisdiction that includes the essential elements of an 
offense listed in paragraph B.~ 
Sec. B-ll. 34-A MRSA §11203, sub-§6, ~ 
is enacted to read: 
D. 
A conviction for a military, tribal or federal offense requiring registration 
pursuant to: 
(1) The Jacob Wetterling Crimes Against Children and Sexually Violent 
Offender Registration Act, also known as the Jacob Wetterling Act, Section 
170101 of the Violent Crime Control and Law Enforcement Act of 1994, Public 
Law 103-322, as amended; or 
(2) The Adam Walsh Child Protection and Safety Act of 2006, Public Law 109-
248. 
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COMMITTEE AMENDMENT ':/;" to S.P. 147, L.D.446 
Sec. B-12. 34-A MRSA §11203, sub-§7, as amended by PL 2005, c. 423, §6, is 
further amended to read: 
7. Sexually violent offense. "Sexually violent offense" means: 
A. A conviction for one of the offenses or for an attempt to commit one of the 
offenses under former Title 17-A, section 252; under Title 17-A, section 253, 
subsection 1; Title 17-A, section 253, subsection 2, paragraph A, B, C or D; former 
Title l7-A, section 255, subsection 1, paragraph C or H; former Title 17-A, section 
255, subsection 1, paragraph B or D, if the crime was elevated a class under former 
Title 17-A, section 255, subsection 3; Title 17-A, section 255-A, subsection 1, 
paragraph D, E, E-l, F, F-l, H, 0 or P; eF 
B. A conviction for an offense or for an attempt to commit an offense of the law in 
another jurisdiction that includes the essential elements of an offense listed in 
paragraph A~~ 
C. 
A conviction for a military, tribal or federal offense requiring registration 
pursuant to: 
(1) The Jacob Wetterling Crimes Against Children and Sexually Violent 
Offender Registration Act, also known as the Jacob Wetterling Act, Section 
170101 of the Violent Crime Control and Law Enforcement Act of 1994, Public 
Law 103-322, as amended; or 
(2) The Adam Walsh Child Protection and Safety Act of 2006, Public Law 109-
248. 
Sec. B-13. 34-A MRSA §11203, sub-§8, as amended by PL 2005, c. 423, §7, is 
further amended to read: 
8. Lifetime registrant. "Lifetime registrant" means a person who is has complied 
with the initial duty to register under this chapter as an adult convicted and sentenced or a 
juvenile convicted and sentenced as an adult of a: 
A. Sexually violent offense; or 
B. Sex offense when the person has a-pFief another conviction for or an attempt to 
commit an offense that includes the essential elements of a sex offense or sexually 
violent offense. For purposes of this paragraph, prior eonvietion means a eonviction 
tHat oeeHFFed at asy time. More than ose cosviction may OeCl:lf on tHe same day. 
Ml:lltiple eOHvietioHs tHat result from or are cOHnected ",ritH the same aot or that result 
from offenses oommitted at the same time are oonsidered one eonviotion unless the 
offenses were oommitted against more than one victim. "another conviction" means: 
(1) 
For persons convicted and sentenced before September 17, 2005, a 
conviction for an offense for which sentence was imposed prior to the occurrence 
of the new offense; and 
(2) For persons convicted and sentenced on or after September 17, 2005, a 
conviction that occurred at any time. Convictions that occur on the same day 
may be counted as other offenses for the purposes of classifying a person as a 
lifetime registrant if: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT".1>" to S.P.147, L.D. 446 
Ca) There is more than one victim; or 
Cb) The convictions are for offenses based on different conduct or arising 
from different criminal episodes. 
Sec. B-14. 34-A MRSA §11221, sub-§9-A is enacted to read: 
9-A. Exception to public access to information. Notwithstanding subsection 9, 
paragraph A, the bureau may not post a registrant's information on the Internet for public 
inspection or, notwithstanding subsection 9, paragraph 8, provide a registrant's 
information upon receiving a written request for information concerning a registrant 
unless that registrant: 
A. Is sentenced in this State as an adult or as a juvenile sentenced as an adult for a 
sex offense or a sexually violent offense: 
(1) On or after June 30, 1992; or 
(2) On or after January 1, 1982 and prior to June 30, 1992, if that person: 
Ca) Remained in execution ofthat sentence on September 1, 1998; or 
Cb) Has more than one conviction in this State for a Class A sex offense or 
sexually violent offense or more than one conviction in another jurisdiction 
for an offense that contains the essential elements of a Class A sex offense or 
sexually violent offense whether or not the convictions occurred on the same 
date; 
(3) And at the time of offense the person had been previously sentenced in this 
State as an adult or as a juvenile sentenced as an adult for a sex offense or a 
sexually violent offense; or 
( 4) And at the time of offense the person had been previously sentenced in 
another jurisdiction as an adult or as a juvenile sentenced as an adult for an 
offense that contains the essential elements of a sex offense or a sexually violent 
offense; or 
B. Is sentenced in another jurisdiction as an adult or as a juvenile sentenced as an 
adult: 
(I) At any time for an offense that requires registration in the jurisdiction of 
conviction pursuant to that jurisdiction's sex offender registration laws or that 
would have required registration had the person remained there; 
(2) On or after June 30, 1992 for an offense that contains the essential elements 
of a sex offense or sexually violent offense; 
(3) On or after January 1, 1982 and prior to June 30, 1992 for an offense that 
contains the essential elements of a sex offense or sexually violent offense if that 
person: 
(a) Remained in execution of that sentence on September 1, 1998; 
COMMITTEE AMENDMENT 
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to S.P. 147, L.D. 446 
(b) Has more than one conviction in this State for a Class A sex offense or 
sexually violent offense or more than one conviction in another jurisdiction 
for an offense that contains the essential elements of a Class A sex offense or 
sexually violent offense whether or not the convictions occurred on the same 
date; 
(c) At the time of offense, had been previously sentenced in this State as an 
adult or as a juvenile sentenced as an adult for a sex offense or a sexually 
violent offense; or 
(d) 
At the time of offense, had been previously sentenced in another 
jurisdiction as an adult or as a juvenile sentenced as an adult for an offense 
that contains the essential elements of a sex offense or a sexually violent 
offense; or 
(4) At any time for a military, tribal or federal offense requiring registration 
pursuant to: 
(a) The Jacob Wetterling Crimes Against Children and Sexually Violent 
Offender and Registration Act, also known as the Jacob Wetterling Act, 
Section 170101 of the Violent Crime Control and Law Enforcement Act of 
1994, Public Law 103-322, as amended; or 
(b) The Adam Walsh Child Protection and Safety Act of 2006, Public Law 
109-248. 
Sec. B-15. 34-A MRSA §11222, as amended by PL 2005, c. 683, Pt. B, §28, is 
further amended to read: 
§ 11222. Duty of offender to register 
1. Notification by court, the department, the bureau or a law enforcement 
agency. The GOHrt shall determise at the time of sesteBGiBg if a defesdast is a 10 year 
registrast or lifetime registraRt. A persos who the GOHrt determiBes is a 10 year registrant 
or lifetime registrant shall register aGGordisg to this sooGhapter. An offender has a duty to 
register under this chapter after notification has been given to the offender by a court of 
jurisdiction, the department, the bureau or a law enforcement agency. A court shall 
notify the offender at the time of sentence of the duty to register pursuant to this chapter. 
Notification of the duty to register under this chapter also may be given to the offender at 
any time after the imposition of sentence. 
At any time, the bureau may correct the term of a registration erroneously assigned to an 
offender or registrant. In such instances, the bureau shall notify the offender or registrant, 
the district attorney and court in the jurisdiction where the conviction occurred and the 
law enforcement agency having jurisdiction where the offender or registrant is domiciled, 
resides, is employed or attends college or school, if applicable. 
I-A. When duty to register must be exercised. Following determisatiOB by the 
notification by a court, the department, the bureau or a law enforcement agency under 
subsection 1, a registrast an offender shall register as follows. 
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COMMITTEE AMENDMENT" h' to S.P. 147, L.D. 446 
A. 
If the registrant offender is sentenced to a wholly suspended sentence with 
probation or administrative release, or to a punishment alternative not involving 
imprisonment, the duty to register is triggered at the time the person commences in 
actual execution of the wholly suspended sentence or at the time of sentence 
imposition when no punishment alternative involving imprisonment is imposed, 
unless the court orders a stay of execution, in which event the duty is triggered by the 
termination of the stay. 
B. If the registraRt offender is sentenced to a straight term of imprisonment or to a 
split sentence, the duty to register is triggered by discharge or conditional release. 
e. If the registraRt offender is committed under Title 15, section 103, the duty to 
register is triggered by discharge or conditional release under Title 15, section 104-A. 
D. If the events stated in paragraphs A to C have passed, an offender must register 
within 5 days after having received notice of that duty from a court, the department, 
the bureau or a law enforcement agency. 
E. Proof that the name and date of birth of the person notified of the duty to register 
pursuant to this chapter are the same as those of a person who has been convicted of 
an offense requiring registration pursuant to this chapter gives rise to a permissible 
inference under the Maine Rules of Evidence, Rule 303 that the person notified of the 
duty to register is the same person as that person convicted of the offense requiring 
registration. 
I-B. Duty to notify law enforcement agency. A registraRt vAlO has a tiuty to 
register flursuant to this subchaflter An offender shall notify the law enforcement agency 
having jurisdiction in those areas where the registraRt offender is domiciled, resides, 
works or attends school within 24 hours of becoming a domiciliary or a resident or 
beginning work or attending school. If the location is a municipality with an organized 
municipal police department, the law enforcement agency having jurisdiction is the 
municipal police department. 
If the location is a school having an organized police 
department, the law enforcement agency having jurisdiction is the campus police 
department. If the location is neither a municipality nor a school with an organized police 
department, the law enforcement agency having jurisdiction is the sheriffs department. 
2. Responsibility of ensuring initial registration. The department, the county jail 
or the state mental health institute that has custody of a registrant req\:lired to register 
uRtier this s\:lbehllflter an offender shall inform the registrant offender, prior to discharge 
or conditional release, of the duty to register. If a registfaAt offender does not serve a 
period of institutional confinement, the court shall inform the registraRt offender at the 
time of sentencing of the duty to register. The department, county jail, state mental health 
institute or court shall: 
A. Inform the registraBt offender of the duty to register and obtain the information 
required for the initial registration; 
A-I. Inform the registraRt offender of the requirement to notify the law enforcement 
agency having jurisdiction pursuant to subsection 1-B; 
B. Inform the registraRt offender that if the registraRt offender changes domicile or 
changes residence, place of employment or college or school being attended, the 
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COMMITTEE AMENDMENT.f>" to S.P. 147, L.D. 446 
registnmt offender shall give the new address to the bureau in writing within 5 days 
and shall notify the law enforcement agency having jurisdiction within 24 hours; 
C. Inform the registrant offender that if that registrant offender changes domicile to 
another state, the registrant offender shall register the new address with the bureau 
and if the new state has a registration requirement, the registrant offender shall 
register with a designated law enforcement agency in the new state not later than 5 
days after establishing domicile in the new state; 
D. Inform the registrant offender that if that registrant offender has part-time or full-
time employment in another state, with or without compensation, for more than 14 
consecutive days or for an aggregate period exceeding 30 days in a calendar year or if 
that registrant offender enrolls in any type of school in another state on a part-time or 
full-time basis, the registrant offender shall give the bureau the registrant's offender's 
place of employment or school to be attended in writing within 5 days after beginning 
work or attending school and if the other state has a registration requirement, shall 
register with the designated law enforcement agency in the other state; 
E. Obtain fingerprints and a photograph of the registrant offender or the court may 
order the registrant offender to submit to the taking of fingerprints and a photograph 
at a specified law enforcement agency within 3 days if the fingerprints and 
photograph have not already been obtained in connection with the offense that 
necessitates registration; and 
F. Enforce the requirement that the registrant offender read and sign a form provided 
by the bureau that states that the duty of the registrant offender to register under this 
section has been explained. 
2-A. Duty of registrant sentenced from June 30, 1992 to September 17, 1999 to 
register. Notwithstanding subsection 1 and except as provided in subsection 2-B, a 
person coming within the definition of a 10-year registrant or lifetime registrant who has 
been sentenced on or after June 30, 1992 but before September 18, 1999 for a sex offense 
or a sexually violent offense shall register either as a 10-year registrant or lifetime 
registrant, whichever is applicable, 'lAth the lmreaH ~r September 1, 2002 if the duty to 
register has been triggered under subsection I-A, paragraph A, B or C, Hnless sooner 
notified in writing of a duty to register under soosection 1 A, paragraph A, B or C by the 
bureau, the department or a law enforoement officer, in which case the person and the 
offender has been notified of the duty to register by a court of jurisdiction, the 
department, the bureau or a law enforcement agency. The offender shall register with the 
bureau within 5 days of notice. 
2-B. Duty to register for new crimes. For a person otherwise subject to subsection 
2-A who has been sentenced for a crime added by an amendment to the definition of sex 
offense or sexually violent offense in section 11203 since September I, 2002, if the duty 
to register has been triggered under subsection I-A, paragraph A, B or C,.-that and the 
offender has been notified of the duty to register by a court of jurisdiction, the 
department, the bureau or a law enforcement agency, that person shall register as a 10-
year registrant or a lifetime registrant, whichever is applicable, with the bureau by June 1, 
2005, Hnless sooner Ilotified ill writing of a dHty to register ullder subsection 1 A, 
flaragraph A, B or C by the bureaH, the departrnellt or a la'N enforcemellt offiser, in 'Nhish 
sase the persoll. The offender shall register with the bureau within 5 days of notice. 
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2-C. Duty of registrant sentenced from .January 1, 1982 to .June 29, 1992 to 
register. Notwithstanding subsection 1, a person who meets the definition of a 10-year 
registrant or a lifetime registrant who has been sentenced on or after January 1, 1982 but 
before June 30, 1992 for a sex offense or a sexually violent offense shall register either as 
a IO-year registrant or a lifetime registrant, whichever is applicable, with the bl:lreal:l by 
October 15, 2005 if the duty to register has been triggered under subsection I-A, 
paragraph A, B or C, I:lnless sooner notified in writing of a d~r to register Hnder 
sl:lbseetion 1 A, paragraph l'., B or C by the bl:lreau, the department or a la' .... enforcement 
officeF, in which ease the person and the offender has been notified of the duty to register 
by a court of jurisdiction, the department, the bureau or a law enforcement agency. The 
offender shall register with the bureau within 5 days of notice. 
3. 
Transfer of initial registration information to bureau and FBI. 
The 
department, county jail, state mental health institute or court within 3 days of receipt of 
the information described in subsection 2 shall forward the information to the bureau. If 
the court orders the registrant offender to submit to the taking of fingerprints and a 
photograph at a specified law enforcement agency, the law enforcement agency shall 
submit the fingerprints and photograph to the bureau within 3 days. The bureau shall 
immediately enter the information into the registration system, notify the law 
enforcement agencies having jurisdiction where the registrant offender expects to be 
domiciled and reside and transmit the information to the FBI for inclusion in the national 
FBI sex offender database. 
4. Verification. During the period a registrant is required to register, the bureau 
shall require the registrant to verify registration information including domicile, 
residence, place of employment and college or school being attended. The bureau shall 
verify the registration information of a 10-year registrant on each anniversary of the 10-
year registrant's initial registration date and shall verify a lifetime registrant's registration 
information every 90 days after that lifetime registrant's initial registration date. 
Verification of the registration information of a 10-year registrant or lifetime registrant 
occurs as set out in this subsection. 
A. At least 10 days prior to the required verification date, the bureau shall mail a 
nonforwardable verification form to the last reported mailing address of the 
registrant. The verification form is deemed received 3 days after mailing unless 
returned by postal authorities. 
C. The registrant shall take the completed verification form and a photograph of the 
registrant to the law enforcement agency having jurisdiction within 5 days of receipt 
of the form. 
D. 
The law enforcement agency having jurisdiction shall verify the registrant's 
identity, have the registrant sign the verification form, take the registrant's 
fingerprints, complete the law enforcement portion of the verification form and 
immediately forward the fingerprints, photograph and form to the bureau. 
5. Change of domicile, residence, place of employment or college or school being 
attended. A An offender or registrant shall notify the bureau in writing of a change of 
residence, domicile, place of employment or college or school being attended within 5 
days and shall notify the law enforcement agency having jurisdiction within 24 hours 
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COMMITTEE AMENDMENT :B " 
to S.P. 147, L.D. 446 
after changing that domicile, residence, place of employment or college or school being 
attended. 
A. 
If the offender or registrant establishes a new domicile, residence, place of 
employment or college or school being attended in the State, the bureau shall notify, 
within 3 days, both the law enforcement agency having jurisdiction where the 
offender or registrant was formerly domiciled or resided or was employed or enrolled 
and the law enforcement agency having jurisdiction where the offender or registrant 
is currently domiciled, residing, employed or enrolled. 
B. 
If the offender or registrant establishes a domicile, residence, place of 
employment or college or school being attended in another state, the bureau shall 
notify, within 3 days, the law enforcement agency having jurisdiction where the 
offender or registrant was formerly domiciled or resided or was employed or enrolled 
and the law enforcement agency having jurisdiction where the offender or registrant 
is currently domiciled, residing, employed or enrolled. 
Sec. B-16. 34-A MRSA §11223, as amended by PL 2005, c. 423, §19, is further 
amended to read: 
§11223. Duty of person establishing domicile or residence to register 
A person sentenced at any time for a military, tribal or federal offense requiring 
registration pursuant to the Jacob Wetterling Crimes Against Children and Sexually 
Violent Offender Registration Act, also known as the Jacob Wetterling Act, Section 
170101 of the Violent Crime Control and Law Enforcement Act of 1994, Public Law 
103-322, as amended; or the Adam Walsh Child Protection and Safety Act of 2006, 
Public Law 109-248; or in a jurisdiction other than this State who is required under that 
jurisdiction to register pursuant to that jurisdiction's sex offender registration statute or 
would have been required to register if the person had remained in the jurisdiction or, if 
not so required, who has been sentenced on or after January 1, 1982 for an offense that 
includes the essential elements of a sex offense or a sexually violent offense shall register 
as a 10-year registrant or lifetime registrant, whichever is applicable, within 5 days and 
shall notify the law enforcement agency having jurisdiction within 24 hours of 
establishing domicile or residence in this State. The person shall contact the bureau, 
which shall provide the person with the registration form and direct the person to take the 
form and a photograph of the person to the law enforcement agency having jurisdiction. 
The law enforcement agency shall supervise the completion of the form, take the person's 
fingerprints and immediately forward the form, photograph and fingerprints to the 
bureau. 
Sec. B-17. 34-A MRSA §11224, suh-§l, as enacted by PL 2005, c. 423, §20, is 
amended to read: 
1. Time. A person who has been sentenced at any time for a military, tribal or 
federal offense requiring registration pursuant to the Jacob Wetterling Crimes Against 
Children and Sexually Violent Offender Registration Act, also known as the Jacob 
Wetterling Act, Section 170101 of the Violent Crime Control and Law Enforcement Act 
of 1994, Public Law 103-322, as amended; or the Adam Walsh Child Protection and 
Safety Act of 2006, Public Law 109-248; or in a jurisdiction other than this State and who 
is required under that jurisdiction to register pursuant to that jurisdiction's sex offender 
COMMITTEE AMENDMENT 
~ 
~ 
COMMITTEE AMENDMENT j .. to S.P. 147, L.D. 446 
registration statute or would have been required to register if the person had remained in 
that jurisdiction or, if not so required, who has been sentenced on or after January 1, 1982 
for an offense that includes the essential elements of a sex offense or a sexually violent 
offense shall register as a 10-year registrant or lifetime registrant, whichever is 
applicable, within 5 days and shall notify the law enforcement agency having jurisdiction: 
A. Within 24 hours of beginning full-time or part-time employment, with or without 
compensation, for more than 14 consecutive days or for an aggregate period 
exceeding 30 days in a calendar year in this State; or 
B. Within 24 hours of beginning college or school on a full-time or part-time basis in 
this State. 
Sec. B-18. 34-A MRSA §11225-A, sub-§6, as enacted by PL 2005, c. 423, §22, 
is amended to read: 
6. Relief from duty to register. The following provisions apply to an offender's, a 
10-year registrant's or ~ lifetime registrant's duty to register. 
A. A An offender's or a 10-year registrant's duty to register for a period of 10 years 
pursuant to subsection 2 is not required if the circumstances triggering the 
registration requirements under section 11223, section 11224 or both no longer exist. 
B. A An offender's or a lifetime registrant's duty to register for the duration of that 
person's life pursuant to subsection 4 is not required if the circumstances triggering 
the registration requirements under section 11223, section 11224 or both no longer 
exist. 
C. If the underlying conviction in this State or in another jurisdiction that triggers the 
registration requirement is reversed, vacated or set aside, or if the offender or 
registrant is pardoned for the crime, registration is no longer required. 
Sec. B-19. 34-A MRS A §11227, sub-§6, as repealed and replaced by PL 2005, 
c. 423, §23, is amended to read: 
6. Affirmative defense. It is an affirmative defense that the failure to comply with a 
duty imposed under this chapter or a rule adopted pursuant to this chapter resulted from 
just cause, e](eept that a perSOfl to vlllOm seetioH 11222, sHBseetioH 2 A, 2 B or 2 C 
applies may Rot raise a defeRse HRder JHSt sause that the perSOR 'Nas Rot ffivare of the 
registratioH requiremeRt. 
Sec. B-20. 34-A MRSA §11227, sub-§7 is enacted to read: 
7. Permissible inference. Proof that the name and date of birth of the person 
charged with a violation of this section are the same as those of a person who has been 
convicted of an offense requiring registration pursuant to this chapter gives rise to a 
permissible inference under the Maine Rules of Evidence, Rule 303 that the person 
charged with a violation of this section is the same person as that person convicted of the 
offense requiring registration. 
Sec. B-21. 34-A MRSA §11228, as enacted by PL 2003, c. 371, §12, is amended 
to read: 
COMMITTEE AMENDMENT 
/~ 
. tM 
~ 
COMMITTEE AMENDMENT 'f> " 
to S.P. 147, L.D. 446 
§ 11228. Certification by record custodian 
Notwithstanding any other law or rule of evidence, a certificate by the custodian of 
the records of the bureau, when signed and sworn to by that custodian, or the custodian's 
designee, is admissible in a judicial or administrative proceeding as prima facie evidence 
of any fact stated in the certificate or in any documents attached to the certificate. 
Sec. B-22. Retroactivity. This Part applies retroactively to January I, 1982. 
PARTe 
Sec. C-l. Appropriations and allocations. The following appropriations and 
allocations are made. 
JUDICIAL DEPARTMENT 
Courts - Supreme, Superior, District and Administrative 0063 
Initiative: Appropriates one-time funds to contract for technology services. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
JUDICIAL DEPARTMENT 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL - ALL FUNDS 
2007-08 
$0 
$0 
2007-08 
$0 
$0 
2008-09 
$10,000 
$10,000 
2008-09 
$10,000 
$10,000 
PUBLIC SAFETY, DEPARTMENT OF 
State Police 0291 
Initiative: Provides an appropriation and allocation on a one-time basis to expand the sex 
offender registry to include a law-enforcement-only database. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2007-08 
$0 
$0 
COMMITTEE AMENDMENT 
2008-09 
$20,000 
$20,000 
COMMITTEE AMENDMENTj .. to S.P. 147, L.D. 446 
HIGHWAY FUND 
All Other 
II 
HIGHWAY FUND TOTAL 
PUBLIC SAFETY, DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
HIGHWAY FUND 
DEPARTMENT TOTAL - ALL FUNDS 
SECTION TOTALS 
GENERAL FUND 
HIGHWAY FUND 
SECTION TOTAL - ALL FUNDS 
SUMMARY 
2007-08 
$0 
$0 
2007-08 
$0 
$0 
$0 
2007-08 
$0 
$0 
$0 
2008-09 
$30,000 
$30,000 
2008-09 
$20,000 
$30,000 
$50,000 
2008-09 
$30,000 
$30,000 
$60,000 
This amendment replaces the bill and is the minority report of the Joint Standing 
Committee on Criminal Justice and Public Safety. The amendment makes the same 
changes to the Maine Criminal Code in Part A as the majority report, except that it also 
amends the Maine Revised Statutes, Title 17-A, section 261 to specify that the law 
applies to persons who were convicted on or after January 1, 1982 of a Class B, C, D or E 
offense and without restriction as to time of conviction for persons convicted of a Class A 
offense. 
Part B of this amendment also makes many of the same changes to the Sex Offender 
Registration and Notification Act of 1999 as the majority report, except for the following. 
Instead of removing registrants from the sex offender registry altogether, the 
amendment removes those persons identified in the majority report who would be eligible 
for removal from the registry and maintains those registrants' information in a manner 
that may be accessed only by law enforcement. The amendment prohibits the State 
Bureau of Identification from posting the names of these registrants on the Internet and 
from providing specific registration information about these registrants upon receiving a 
written request from a member of the public. 
Specifically, this means that 
notwithstanding Title 34-A, section 11221, subsection 9, paragraph A the State Bureau of 
COMMITTEE AMENDMENT 
.. 
·flt 
COMMITTEE AMENDMENT J .. to S.P. 147, L.D. 446 
Identification may not post a registrant's information on the Internet for public inspection 
and, notwithstanding subsection 9, paragraph B, the bureau may not provide a registrant's 
information upon receiving a written request for a registrant unless that registrant is 
sentenced in this State as an adult or as a juvenile sentenced as an adult for a sex offense 
or a sexually violent offense on or after June 30, 1992; on or after January 1, 1982 and 
prior to June 30, 1992, if that person remained in execution of that sentence on September 
1, 1998 or has more than one conviction in this State for a Class A sex offense or sexually 
violent offense or more than one conviction in another jurisdiction for an offense that 
contains the essential elements of a Class A sex offense or sexually violent offense 
whether or not the convictions occurred on the same date and at the time of offense, the 
person had been previously sentenced in this State as an adult or as a juvenile sentenced 
as an adult for a sex offense or a sexually violent offense and at the time of offense, the 
person had been previously sentenced in another jurisdiction as an adult or as a juvenile 
sentenced as an adult for an offense that contains the essential elements of a sex offense 
or a sexually violent offense or unless the registrant is sentenced in another jurisdiction as 
an adult or as a juvenile sentenced as an adult at any time for an offense that requires 
registration in the jurisdiction of conviction pursuant to that jurisdiction's sex offender 
registration laws or that would have required registration had the person remained there; 
on or after June 30, 1992 for an offense that contains the essential elements of a sex 
offense or sexually violent offense; on or after January 1, 1982 and prior to June 30, 1992 
for an offense that contains the essential elements of a sex offense or sexually violent 
offense if that person remained in execution of that sentence on September 1, 1998, has 
more than one conviction in this State for a Class A sex offense or sexually violent 
offense or more than one conviction in another jurisdiction for an offense that contains 
the essential elements of a Class A sex offense or Class A sexually violent offense 
whether or not the convictions occurred on the same date, at the time of offense had been 
previously sentenced in this State as an adult or as a juvenile sentenced as an adult for a 
sex offense or a sexually violent offense or at the time of offense had been previously 
sentenced in another jurisdiction as an adult or as a juvenile sentenced as an adult for an 
offense that contains the essential elements of a sex offense or a sexually violent offense; 
or at any time for a military, tribal or federal offense requiring registration. 
Part C of this amendment adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/08/08 .;tvac=. 
LD446 
LR 31(03) 
An Act To Improve the Use of Information Regarding Sex Offenders to Better Ensure Public Safety 
and Awareness 
Fiscal Note for Bill as Amended by Committee Amendment "B" 
Committee: Criminal Justice and Public Safety 
Net Cost (Savings) 
General Fund 
Highway Fund 
Appropriations/Allocations 
General Fund 
Highway Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
2007-08 
$0 
$0 
$0 
$0 
2008-09 
$30,000 
$30,000 
$30,000 
$30,000 
Projections 
2009-10 
$0 
$0 
$0 
$0 
Projections 
2010-11 
$0 
$0 
$0 
$0 
This legislation includes a General Fund appropriation to the Department of Public Safety of $20,000 and a Highway 
Fund allocation of $30,000 in fiscal year 2008-09 to expand the sex offender registry to create a law-enforcement-only 
website. It also includes a General Fund appropriation to the Judicial Department of$10,000 in fiscal year 2008-09 to 
contract for technology services to change the data courts transmit to the State Bureau of Identification regarding 
registration of sex offenders. Additional costs to the Department of Corrections can be absorbed within existing 
budgeted resources. 
LR0031(03) - Fiscal Note - Page 1 of 1