An Act To Improve the Use of Information Regarding Sex Offenders
Maine Legislature, Session 124, LD 1157
Committee Amendment CA_A_S264 (Senate)

COMMITTEE AMENDMENT" A" to S.P. 429, L.D. 1157, Bill, "An Act To 
Improve the Use of Information Regarding Sex Offenders" 
Amend the bill in Part B by striking out all of section 2 and inserting the following: 
'Sec. B-2. 34-A MRS A §11202, as repealed and replaced by PL 2005, c. 423, § I, 
is nniher amended to read: 
§11202. Application 
+ITi-s Unless excepted under section 11202-A, this chapter applies to: 
1. Maine. A person sentenced in this State on or after January I, 1982 for a sex 
offense or a sexually violent offense as an adult or as a juvenile sentenced as an adult; 
and 
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; Sf 
B. On or after January I, 1982, of an offense that contains the essential elements of a 
sex offense or sexually violent offense7~ 
C. At any time for a militaIY, tribal or federal offense requiring registration pursuant 
to: 
(l) 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. 
Page I - 124LR1149(02)-1 
COMMITTEE AMENDMENT 
~. 
~" 
<1<1"t; 
1f"1',W 
~, 
II 
COMMITTEE AMENDMENT "A" to S.P. 429, L.D. 1157 
Sec. B~3. 34~A MRSA §11202-A is enacted to read: 
§11202~A. Exception 
1. 
Exception. 
Notwithstanding section 11202, a person sentenced on or after 
January I, 1982 and prior to June 30, 1992 is not required to register under this chapter if 
that person submits to the bureau, in a' form to be determined by the bureau, 
documentation to establish the following: 
A. 
The person was finally discharged from the correctional system prior to 
September I, 1998; 
B. The person's convictions do not include more than one 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 the offense, the person had not 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; 
D. 
At the time of the offense, the person had not 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; 
E. Subsequent to the commission of the offense, the person has not been convicted of 
a crime under Title 17 or Title 17-A in this State that is punishable by imprisonment 
for a term of one year or more; and 
P. Subsequent to the commission of the offense, the person has not been convicted 
under the laws of any other jurisdiction of a crime that is punishable by a term of 
imprisonment exceeding one year. This paragraph does not include a crime under the 
laws of another jurisdiction that is classified by the laws of that jurisdiction as a 
misdemeanor and is punishable by a term of imprisonment of2 years or less. 
2. Duty continues. A person's duty to register continues until the bureau determines 
that the documentation meets the requirements of this section and any ri.lles adopted by 
the bureau. 
3. Costs. A person who submits documentation under this section is responsible for 
the costs of any criminal histOlY record checks required. 
4. 
Restoration of registration status. 
The registration obligation of a person 
sentenced on or after January I, 1982 and prior to June 30, 1992 that is discharged 
pursuant to this section is restored by any subsequent conviction for a crime described in 
subsection I, paragraph E or P.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment creates an exception to the application provIsIon of the Sex 
Offender Registration and Notification Act of 1999. The amendment specifies that a 
COMMITTEE AMENDMENT 
( 
.. ) 
J 
) 
.£0 
--
L~ 
, I~i{~ft;r 
~1.L·.;i\ 
"'j~ :: 
F; 
COMMITTEE AMENDMENT "4,, to S.P. 429, L.D. 1157 
person sentenced on or after January 1, 1982 and prior to June 30, 1992 is not required to 
register if that person submits to the Department of Public Safety, Stat,e Bureau of 
Identification, in a form to be determined by the bureau, documentation to establish the 
following: the person was finally discharged from the correctional system prior to 
September 1, 1998; the person's convictions do not include more than one 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; at the time of 
the offense, the person Ilad not 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; at the time 
of the bffense, the person had not 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; subsequent to the commission of 
the offense, the person has not been convicted of a crime under the Maine Revised 
Statutes, Title 17 or Title 17-A in this State that is punishable by imprisonment for a term 
of one year or more; and, subsequent to the commission of the offense, the person has not 
been convicted under the laws of any other jurisdiction of a crime that is punishable by a 
term of imprisonment exceeding one year. This requirement does not include a crime 
under the laws of another jurisdiction that is classified by the laws ofthatjurisdiction as a 
. misdemeanor and is punishable by a term of imprisonment of2 years or less. 
The amendment specifies that a person's duty to register continues until the bureau 
determines that documentation meets the requirements and any rules adopted by the 
bureau, and a person who submits' documentation is responsible for the costs of any 
criminal histOlY record checks required. 
Finally, the registration obligation of a person sentenced on or after JanuaJY 1, 1982 
and prior to June 30, 1992 that is discharged pursuant to this amendment is restored by 
any subsequent conviction for a crime under Title 17 or Title 17-A in this State that is 
punishable by imprisonment for a term of one year or more or a subsequent conviction 
under the laws of any other jurisdiction of a crime that is punishable by a term of 
imprisonment exceeding one year. 
FISCAL NOTE REQUIRED 
(See attached) 
. COMMITTEE AMENDMENT 
Approved: OS/25/09 
.:fb.;?ac:.. 
LD 1157 
LR 1149(02) 
An Act To Improve the Use of Information Regarding Sex Offenders 
Fiscal Note for.BiIl as Amended by Committee Amendment ''14'' 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor savings - General Fund 
Minor revenue decrease - General Fund 
Correctional and Judicial Impact Statements 
Insignificant reduction in Class C, D and E crimes; decreases correctional and judicial costs. 
A reduction in fines will decrease General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Additional costs to the Department of Public Safety associated with processing exceptions to the sex offender 
registration requirements can be absorbed within existing budgeted resources. 
LRl149(02) - Fiscal Note - Page I of 1 
) 
'\) 
.,' 
')