An Act To Prohibit Furnishing a Place for Minors To Use Illegal Drugs
Maine Legislature, Session 124, LD 0791
Committee Amendment CA_B_S364 (Senate)
Amends: 17-A MRSA §1119

COMMITTEE AMENDMENT ".8 " to S.P. 305, L.D. 791, Bill, "An Act To 
Prohibit Furnishing a Place for Minors To Use Illegal Drugs" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and insel1ing the following: 
'Sec. 1. 17-A MRSA §1119 is enacted to read: 
§1119. Furnishing a place for minors to use illegal drugs 
1. A person is guilty of furnishing a place for minors to use illegal drugs if: . 
A. The person knowingly allows a person who is in fact a minor under that person's 
control or in a place under that person's control to possess or consume illegal drugs. 
Violation of this paragraph is a Class D crime; 
B. The person violates paragraph A and the violation involves a minor who is less 
than ] 8 years of age. Violation of this paragraph is a Class D crime for which a fine 
of not less than $1,000 may be imposed, none of which may be suspended; 
C. The person violates paragraph A and at the time of the offense the person has one 
or more prior convictions under this section within a 6-year period or for engaging in 
substantially similar conduct to that contained in this section in another jurisdiction 
within a 6-year period. 
Section 9-A governs the use of prior convictions when 
determining a sentence, except that, for purposes of this paragraph, the date of the 
prior conviction may not precede the commission of the offense by more than 6 
years. Violation of this paragraph is a Class D crime for which a tine of not less than 
$2,000 may be imposed, none of which may be suspended; or 
D. The person violates paragraph A and the consumption of illegal drugs by the 
minor in fact causes serious bodily injury to or the death of the minor or any other 
individual. Violation of this paragraph is a Class C crime. 
2. As used in this section, "minor" means a person under 21 years of age. 
Page I - 124LR0807(04)-1 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ",6 "to S.P. 305, L.D. 791 
Sec. 2. Appropriations and allocations. 
The following appropriations and 
allocations are made. 
. 
CORRECTIONS, DEPARTMENT OF 
Correctional Impact Reserve N033 
Initiative: Provides funds for the projected increase in correctional costs. 
II 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
CORRECTIONS, DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL-ALL FUNDS 
2009-10 
$0 
$0 
2009-10 
$0 
$0 
INDIGENT LEGAL SERVICES, MAINE COMMISSION ON 
Maine Commission on Indigent Legal Services Z112 
Initiative: Provides funds for increased court-appointed counsel costs. 
GENERAL FUND 
2009-10 
All Other 
$0 
GENERAL FUND TOTAL 
$0 
INDIGENT LEGAL SERVICES, MAINE 
COMMISSION ON 
DEPARTMENT TOTALS 
2009-10 
GENERAL FUND 
$0 
DEPARTMENTTOTAL-ALLFUNDS 
$0 
JUDICIAL DEPARTMENT 
Courts - Supreme, Superior and District 0063 
Initiative: Provides funds for increased trial costs. 
COMMITTEE AMENDMENT 
2010-11 
$83,197 
$83,197 
2010-11 
$83,197 
$83,197 
2010-11 
$6,600 
--$6,600 
2010-11 
$6,600 
$6,600 
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COMMITTEE AMENDMENT ".13" to S.P. 305, L.D. 791 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
JUDICIAL DEPARTMENT 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL-ALL FUNDS 
SECTION TOTALS 
GENERAL FUND 
SECTION TOTAL - ALL FUNDS 
SUMMARY 
2009-10 
$0 
$0 
2009-10 
$0 
$0 
2009-10 
$0 
$0 
2010-11 
$1,600 
--
$1,600 
2010-11 
$1,600 
$1,600 
2010-11 
$91,397 
$91,397 
This amendment replaces the bill and mirrors the penalties for furnishing a place for a 
minor to consume alcohol in the Maine Revised Statutes, Title 28-A, section 2081. For 
purposes of this new crime, a minor is a person under 21 years of age. The amendment is 
also drafted to comply with Maine Criminal Code drafting standards for prior 
convictions, including violations for conduct that is substantially similar and committed 
in another jurisdiction. 
The amendment also adds an appropriations and allocations 
section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Net Cost (Savings) 
General Fund 
.j: _., 
Revised: 02/03/10 wac 
LD 791 
LR 807(04) 
An Act To Prohibit Furnishing a Place for Minors To Use Illegal Drugs 
Fiscal Note for Bill as Amended by Committee Amendment "f!)" 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
2009-10 
$0 
2010-11 
$84,061 
Pl"Ojections 
2011-12 
$72,745 
Pl"O,jections 
2012-13 
$99,264 
.. '') 
... 
Appropriations/ Allocations 
General Fund 
$0 
$91,397 
$87,417 
$113,936) 
.",1 
Revenue 
General Fund 
$0 
$7,336 
$14,672 
$14,672 
Correctional and Judicial Impact Statements 
Establishes new Class C and D crimes; increases conectional and judicial costs 
Fiscal Detail and Notes 
Correctional Cost Detail 
FY 2010 
FY 2011 
FY 2012 
FY 2013 
FY 2014 
Class C Crime 
$0 
$49,222 
$37,042 
$63,561 
$37,042 
Class D Crime 
$0 
$33,975 
$33,975 
$33,975 
$33,975 
Total Cost - All Convictions 
$0 
$83,197 
$71,017 
$97,536 
$71,017 
111is bill includes a General Fund appropriation of $83, 197 in fiscal year 20 I 0-11 for the estimated additional cost to 
state and county conectional facilities. This estimate assumes 5 Class D convictions per year, one Class C conviction 
every other year to be served in a county facility and one Class C conviction every other year to be served in a state 
facility. 
This biII also includes a General Fund appropriation of $1 ,600 in fiscal year 2010-11 for the judicial branch to support 
the anticipated increase in trial costs and $6,600 in fiscal year 2010-11 for the Maine Commission on Indigent Legal 
Services for the estimated cost of court-appointed counsel. The increase in judicial branch General Fund fine revenue 
is estimated to be $7,336 in fiscal year 2010-11. 
LR0807(04) - Fiscal Note - Page 1 of I 
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