An Act To Ensure a Uniform Comprehensive State Policy Regarding Residency Restrictions for Sex Offenders
Maine Legislature, Session 124, LD 0385
Committee Amendment CA_A_H474 (House)
Amends: 30-A MRSA §3013

COMMITTEE AMENDMENT "11 " to H.P. 292, L.D. 385, Bill, "An Act To 
Ensure a Uniform Comprehensive State Policy Regarding Residency Restrictions for Sex 
Offenders" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 30-A MRSA §3013 is enacted to read: 
§3013. Ordinances regarding residency restrictions for sex offenders 
1. Application and scope. The State intends to occupy and preempt the entire field 
of legislation concerning the regulation of persons convicted of a sex offense in this State 
or in another jurisdiction. Except as provided in this section, a municipality may not 
adopt or enforce any ordinance or bylaw addressing persons who have been convicted of 
'a sex offense in this State or in another jurisdiction that would impose on them 
restrictions or requirements not imposed on other persons who have not been convicted of 
a sex offense in this State or in another jurisdiction. As used in this section, "convicted of 
a sex offense in this State or in another jurisdiction" means a conviction for any current or 
former Maine crime listed in former Title 17, sections 2922 to 2924 or Title 17-A, 
chapter II or 12 or Title 17-A, section 556; a conviction for an attempt or solicitation of 
those listed crimes; or any conviction for any former or current crime in any other 
jurisdiction in which the person engaged in substantially similar conduct to that of the 
earlier specified current or former Maine crimes. 
2. 
Residency restriction ordinance. 
A municipality may adopt an ordinance 
regarding residency restrictions for persons convicted of Class A, B or C sex offenses 
committed against persons who had not attained 14 years of age at the time of the 
offense. Any such ordinance is limited as follows. 
A. 
An ordinance may restrict only residence. 
It may not impose additional 
restrictions or requirements, including, but not limited to, registration and fees. 
B. 
A municipality may prohibit residence by a sex offender up to a maximum 
distance of 750 feet surrounding the real property comprising a public or private 
Page I - 124LRI447(02)-I 
COMMITTEE AMENDMENT 
:. ~ <b. 
'f'. 
COMMITTEE AMENDMENT" A" to H.P. 292, L.D. 385 
elementary, middle or secondary school or up to a maximum distance of 750 feet 
surrounding the real property comprising a municipally owned property where 
children are the primary users. 
C. An ordinance may 'not restrict the residence of a person who lived in an area 
restricted pursuant to paragraph B prior to the adoption or amendment of the 
ordinance. 
D. An ordinance may not be premised on a person's obligation to register pursuant to 
Title 34-A, chapter 15.' 
SUMMARY 
This amendment is the majority report and replaces the bill. 
The amendment 
specifies that a municipality may not adopt or enforce any ordinance or bylaw addressing 
persons who have been convicted of a sex offense in Maine or in another jurisdiction that 
would impose on them restrictions or requirements not imposed on other persons who 
have not been convicted of a sex offense in Maine or in another jurisdiction. The purpose 
of this amendment is for the Legislature to preempt the entire field of legislation 
concerning the regulation of persons convicted of a sex offense in this State or in another 
jurisdiction, except as provided in this amendment. If a municipality chooses to adopt an 
ordinance, it may not be based on a person's obligation to register under the Sex Offender 
Registration and Notification Act of 1999. 
A municipality may adopt an ordinance 
regarding residency restrictions for persons convicted of Class A, B or C sex offenses 
committed against persons who had not attained 14 years of age at the time of the 
offense, and the ordinance must be limited as follows. It may restrict only residence and 
may not impose additional restrictions or requirements, including, but not limited to, 
registration and fees. A municipality may prohibit residence by a sex offender up to a 
maximum distance of 750 feet surrounding the real property comprising a public or 
private elementary, middle or secondary school or up to a maximum distance of 750 feet 
surrounding the real property comprising a municipally owned property where children 
are the primary users. An ordinance may not restrict the residence of a person who lived 
in an area restricted as provided by this amendment prior to the adoption or amendment 
of the ordinance. 
COMMITTEE AMENDMENT 
') 
".f' 
'). 
:)