An Act To Improve the Use of InforQ1,ation Regarding S~x Offenders
Maine Legislature, Session 124, LD 1157
Committee: Criminal Justice and Public Safety
Sponsors: HASKELL
Amends: 17-A MRSA §261, 17-A MRSA §1152, 34-A MRSA §11201, 34-A MRSA §11202, 34-A MRSA §11203, 34-A MRSA §11222, 34-A MRSA §11225-A, 34-A MRSA §11227, 34-A MRSA §11228

Legislative Document 
No.US7 
S.P.429 
In Senate, March 25,2009 
An Act To Improve the Use of InforQ1,ation Regarding S~x 
Offenders 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented .by Senator GERZOFSKY of Cumberland. 
Cosponsored by Representative HASKELL of Portland. 
Printed on recycled paper 
9rf)(J~ 
JOYJ. O'BRIEN 
Secretary. of the Senate 
Be it enacted by the People ofthe State of Maine·as follows: 
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PART A 
Sec. A-L 17-A MRSA §261, slllb,..§l~ as enacted by PL 2007, c. 393, §1, is 
amended to read: 
1. A person is gGilty of prohibited contact with a minor ifthat person: 
A Has pre¥iously been Was convicted on or after June 30, 1992 of an offense under 
this chapter or chapter 12 againsfanother personwho had not in fact attained 14 years 
of age or has previously been was convicted on or after June 30, 1992 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; and . 
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B. Has a duty to register imderTitle 34 A, chapter 15, sub Chapters 1 and:;!: and 
C. Intentionally or lmowingly has initiates direct or indirect contact with another 
person who has 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 
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further amended to read: 
2. A person is guilty of prohibited contact with a minor in a sex offender restricted 
zone if that person: 
. 
A Has previously been Was convicted on or after June 3·0,1992 of an offense under 
this chapter or chapter 12 against another person who had not infact attained 14 years 
of age or has pre¥iously been was convicted on or after June 30, 1992. 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; and 
B. Has a dut¥ to relrister under Title 34 A. shaeter 15. subchaeters 1 and 2: and 
C.Intentionally or lmowingly 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. 
Violation of this subsection is a Class D crime. 
Sec. A-3. 17-A MRSA §1152, sub-§2-C, as am~nded by PL 2003, c. 711, Pt. B, 
·§13, is repealed. 
. 
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Sec. A-4. 17-A MRSA§1204, sub-§l-C, as amended by PL 2005, c. 488, §5, is 
. repealed. 
PART B 
Sec. B-l. 34-A MRSA §11201, as amended by Ph :2003, c. 711, Pc C, §4 and 
affected by Pt. D, §2, is further amended to read: 
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§11201. Short title 
This chapter may be known and cited as the "Sex Offender Registration and 
Notification Act of 1999." The purpose of tbis chapter is to protect the public from 
potentially dangerous registrants and offenders by enhancing access to information 
concerning those registrants and offenders. 
Sec. B-2 .. 34-A MRSA §11202, as repealed and replaced by PL 2005, c. 423, § 1, 
is repealed mid the following enacted in its piace: 
§11202. Application 
This chapter applies to: 
1. Maine. A person sentenced in this State as an adult, or as a juvenile sentenced as 
an adult, for a sex offense or a sexually violent offense: 
A. On or after June 30, 1992; or 
B. On or after January 1, 1982 and prior to June 30, 1992, if that person: 
(1) Remained in execution of that sentence on September 1, 1998; 
(2) Has more than one conviction in this State for a Class A sex offense or 
sexually vi0lerit 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) At the time'of offense, had been previously sentenced in nus State as an adult 
or as a juvenile sentenced as an adult for a sex offense or a sexmilly violent 
offense; or 
(4) 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; and 
.. Other jurisdiCtions. A person sentenced in another jlirisdiction as an adi.Ilt or as . 
a juvenile sentenced as an adult: 
A. 
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; 
B. On or after January 1, 1992, for an offense that contains the essential elements of 
a sex offense or sexually violent offense; 
C. 
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: 
(.1) Remained in execution of that sentence on September 1, 1998; 
(2) Has more than one conviction in this State for a Class A sex offense or ; 
sexually violent offe11se 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) 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 
(4) 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 
D .. 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 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 
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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, intenl)ive supervision, supervised release for sex offenders, supervised community 
confinement, home releasem6nitoring or release under Title 15, sectipn 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 baving jurisdiction. 
"Law enforcement agency 
having jurisdiction" means the chief of police in the municipality where a registrant or an 
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offender expects to be or is domiciled. If the municipality does not have a chief of police, 
"law enforcement agency having jurisdiction" means the sheriXf 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 MRSA §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. 
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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: 
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 of 30 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 §11203, sub-§4-E is enacted to read: 
"-E. Offender. "Offender" means a person to whom this chapter applies pursuant to 
s,ection 11202. 
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Sec. B-8. 34-A MRSA §11203, sub-§5, as amended by PL 2003, c. 711, Pt. C, 
§12 and affected by Pt. D, §2, is further amended to read: 
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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 §11203, sub-§6, CUB, 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 l?·:A, section 253, subsection 2, paragraph E, F, 
G, H, I or J;. Title 17~A, sectio'n 254; former Title 17-A, section 255, subsection 1, 
paragrapp 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, section255, 
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! 7-A, section 283; Title 17-A, section 284; 
-Title 17-A, section 301, subsection 1, paragraph A, subparagraph (3), ullless the actor 
is a parent of the victim; Title 17 A, section 302, unless the actor is, a parent of the 
victim; Title 17-A, section 511, subsection 1, paragraphD; Title 17-A, section 556; 
Title l7-A, section 852, subsection 1, paragraph B; or Title 17-A, section 855; er 
Sec. 8-10. 34-A MRSA §11203, sub-§6, '1fC, 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 H,,; or 
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Sec. B-11. 34-A MRSA §11203, sub-§6, m> 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. 
. Sec. B-12. 34-A MRSA §11203, sub-§7, as amended by PL 2005, c. 423, §6, is 
further amended to read: 
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7. Sexually violent offense. "Sexually violent offense" means: 
A. 
A conviction for one of the otIenses 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, CorD; former 
Title 17-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, subsecti9n 3; Title 17-A, section 255-A, subsection 1, 
paragraph D, E, E-l, F, F-l, H, <? or P; ffi'. 
. B. A conviction for an offense or for an attempt to commit art 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 
pursuantto: 
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(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 §U203, sul>-§8~ as amended by PL 2005, c. 423; §7, is 
further amended to read: 
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8. Lifetime registrant. "Lifetime registrant" means a person who is has complied 
with the initial dutyto 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 ~ 
another conviction for or an attempt to 
commit an offense that includes the essential elements of a sex offense or sexually 
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violentoffense. For purposes of this paragraph,. prior conviction means a conviction 
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that occurred at any time. More than orie conviction may occur on the same day. 
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Multiple convictions that result from or are connected with the same act or that result . 
from offenses comrriitted 'at the same time are considered one comriction unless the 
offenses were committed aeaifist more than one victim. "another conviction" means: 
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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 tim~ Convictions that occur on the same day 
may be counted as other offenses fcir the purpose"s of Classifying a person asa 
lifetime registrant if: 
(a) There is more than one victim; or 
(b) The convictions are for offenses based on different conduct or arising 
from different criminal episodes. 
Sec. B-14. 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 oourt shalldetennine at the time, of sentenoing if a defendant is a 10 year 
.. registrant or iifetime registrant. A person '",ho the court detennines is a 10 year registrant 
or. lifetime registrant shall register according to this subohapter. 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. 
1-A. When duty to register must be exercised.· Following detennination by the 
notification by a court, the department, the bureau or a law enforcement agency under 
subsection 1, a registrant an offender shall register as follows. 
A. 
If the registrant offender is sentenced to a wholly suspended sentence with. 
probation or administrative release, or to a punishment alternative not involving 
imprisomnent, 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 imprisomnent 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 registrant offender is sentenced to a straight term of imprisomnent or to a 
split sentence, the duty to register is triggered by discharge or con9itional release. 
C. If the registrant offender is committed under Title 15, section 103, the duty to 
register is tl~ggered 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. 
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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. 
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1-B. Duty to notify law enforcement agency. A registrant 'yvho has a duty to 
register pursuant to this subohapter An offender shall notify the law enforcement agency 
having jurisdiction in those areas where the registrant 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 sheriff's department. 
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2. R.esponsibility of ensuring initial registration. The department, the county jail 
or the state mental health institute that has custody of a registrant required to register 
under this subohapter an offender shall inform the registrant offender, prior to discharge 
or conditional release, of the duty to register. If a registrant offender does not serve a 
period of institutional confinement; the court 'shall inform the registrant offender at the 
time of sentencing of the duty to register. The department, county j ail, state mental health 
institute or court shall: 
A. Infomi the registrant offender of the duty to register and obtain the information 
. required for the initial registration;, 
A-I. Inform the registrant offender'ofthe requirement to notify the law enforcement 
agency having jurisdiCtion pursuant to subsection I-B; 
B. Inform the registrant offender that if the registrant offender changes domicile or. 
changes residence, place of employment or college or school being attended, the 
registrant 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 regi!'trant 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' 
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fu1l-time basis, the registrant offender shall give the bureau theregistnint'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 1 O-year registrant or lifetime registrant who has 
been sentenced on or aft~r 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, ','/ith the bureau by September 1, 2002 if the duty to 
register has been triggered under subsection I-A, paragraph A, B or C, unless sooner 
notified in 'i'lriting of a duty to register under subsection 1 i"L, paragraph A, S or C by the 
bureau, the department or a la','l enforcement officer, in ',' .. hich 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 1, 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, 'tvith the bureau by 
June 1, 2005, unless sooner notified in 'i'lriting of a duty to register under subsection 1 A, 
paragraph ft, S or C by the bureau, the department or a law enforcement officer, in'tvhich 
case the person. The offender shall register with the bureau within 5 days of notice. 
2-C. Duty of registrant sentenced from January 1, 1982 to June 29, 1992 to 
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register. Notwithstanding subsection 1, a person who meets the definition of a 10-year 
registrant or a lifetime registrant who has b.een sentencedon or after January 1; 1982 but 
before June 30, 1992 for a sex offense or a sexually violent offense shall register either as 
a 10-year registrant or a lifetime registrant, whichever is applicable, 'Nith the bureau by 
October 15, 2005 if the duty to register has been triggered under subsection I-A, 
paragraph A, B or C, unless' sooner notified. in writing of a duty. to register under 
subsection 1 ft, paragraph A,S or C by the bureau, the department or a la'll enforcement 
officer. in 'Nhich case the Berson and the offender has been notified of the duty to register 
2' 
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 
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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 inclusicm in the national 
FBI sex offender database. 
4. Verification. During the period a registrant is requireci 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 
v¢rify the registration information of a lO-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 ul'lless 
ret~ed 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 agericy 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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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 Qr college or school being attended in the State, the bureau shall notify, 
withip 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. 
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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 employedor enrolled 
arid the law enforcement agency having jurisdiction where the offender or registrant 
is currently domiciled, residing, employed or enrolled. 
Sec. B-15. 34-A MRS A §11223, as amended by PL 2005,c, 423, §19, is further 
amended to read: 
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§11223,' Duty of person establishtng domicile or residence to register 
A perso).1 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 Weiierling 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 i 09-248; or in a jurisdiction other than this State who is required ~der 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 agen,cy 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.' 
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Sec. B':"16. 34-A MRS A §11224, sub-§I, 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 th~ 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 jurisdictiol1 to register pursuant to that jurisdiction's sex offender 
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.andshall 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 iIi a calendar year in this State; or 
B. Within 24 hours ofbeginhlng college or school on a full-time or part-time basis in 
this State. 
. Sec. B-17. 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 section11223, 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 circumstan~es 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-18. 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 affinnativedefense that the failure to comply with a 
duty imposed under this chapter or a rule adopted pursuant to this chapter resulted from 
just cause, except that a person to whom section 11222, subsection· 2 A, 2 B or 2 C 
applies may not raise a defense under just cause that the person Vias not aware of the 
FS2'istmtion rs8uirsmsnt. 
Sec. 8-19. 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 
pennissible 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. 
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Sec. B-20. 34-A MRSA §11228"as enacted by PL 2003, c. 391, §12, is amended 
to read: 
§1122S: 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 
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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:..21. Retroactivity. This Part applies retroactively to January 1, J 982. 
SUMMARY 
Part A of the bill makes the following changes to the Maine Criminal Code. 
1. It amends the crime of prohibited contact with a minor by repealing the element 
that the person has a duty to register urider the Sex Offender Registration and Notification 
Act of 1999 and by making the law applicable only to those persons convicted on or after 
June 30, 1992. 
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2. It repeals from the sentencing provisions the directive that a court order a person 
convicted of a sex offense or a sexually violent offense to satisfy all requirements of the 
Sex Offender Registration' and Notificatjon Act' of 1999. This change clarifies that the 
~egislature determines that a duty to register exists based ·on the conviction and that the 
court's duty is only to notify the person of that duty. 
3. It repeals from the probation provisions the directive that a court attach as a 
condition of probation that a person convicted of a sex offense or a sexually violent 
offense satisfy all requirements of the Sex Offender Registration and Notification Act of 
1999. The court has discretion to order any condition of probation reasonably related to 
the rehabilitation of the convicted person or the public safety or security, Including 
satisfying registration requirements if appropriate. 
Part B of the bill makes the, following changes to the Sex Offender RegIstration and 
Notification Act of 1999. . 
1. 
It repeals and replaces the application section to specify that those persons 
sentenced in Maine as an adult or as a juvenile sentericed as an adult for a sex offense or 
sexually violent offerise on or after January 1, 1982 but before June 30, 1992 must 
continue to register if they remained in execution of their sentence on September 1, 1998; 
if they have more than one conviction for a Class A sex offense or Class A sexually 
vioJent offense whether or not the coiwictions were on the same date; if, at the time of 
offense, they 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 if, at the time of, 
offense, they 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. The application section continues to require all 
persons sentenced on or after June 30, 1992 for a sex offense or a sexually violent offense 
to comply with the registration requirements. 
2. 
It repeals and replaces the application section to specify that those persons 
sentenced in another jurisdiction as an adult or as a juvenile sentenced as an adult on or 
after January 1 j 1982 but before June 30, 1992 must register 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; if that person has more thim one 
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conviction for a Class A sex offense or sexually violent offense whether or not the 
conviction was on the same' date; if, at the time of offense, they 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 if, at the time of offense, they 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. 
The application section continues to require persons to register for a conviction; 
regardless of the date, if registration is required in the jurisdiction of conviction pursuant 
to that jurisdiction's sex offender registration laws or would have been required pursu<fnt . 
to those laws had the person remained there. The statute continues to require registration 
for ·those convicted on o~ after June 30, 1992 for an offense that contains the essential 
elements of a sex offense or sexually violent offense, The amendment also clarifies that a 
person must register if the person was sentenced for a specified military, tribal or federal 
offense. 
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3. It defines the term "offender" as a person to whom the Sex Offender Registration 
and Notification.Act of 1999 applies. 
.. For purposes. of establishing a standard for residence and for establishing that the 
name and birth date of the person notified of the duty to'register are the same as those 'of 
a person convicted of an offense requiring registration, it identifies when specifIed 
instances of proof give rise to permi.ssible inferences under the Maine Rules of Evidence, 
Rule 303. 
5. It amends the definition of "sex offense" by removing criminal restraint and all 
. forms of kidnapping except lddnapping for which the actor knowingly restrains another 
person with the intent to inflict bodily injury upon the other person or subject the other 
person to sexual assaults prohibited pursuant to the' Maine Revised Statutes, Title 17 -A, 
chapter 11, 
6. It amends the defmition of "lifetime registrant" that pertains to persons classified 
as lifetime registrants because of having multiple convictions for sex offenses to clarify 
that the changes made by .Public Law 2005, chapter 423 operate prospectively. For 
persons convicted and s~ntenced on or after September 17, 2005, the definition remains 
unchanged except for technical drafting changes. . As used in that definitiol1, the tenn 
"another conviction" includes a conviction that occurred at any time. Convictions that 
occur on the same day may be counted as other offenses for Hie purposes of classifying a 
person as a lifetime registrant if there is more than one victim 'or the convictions are for 
offenses based on different cortduct or arising from different criminal episodes. Multiple 
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convictions that result from or are connected with the same act or that result from 
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offenses committed at the same time against one person are considered one conviction, 
For persons convicted and senienced before September 17, 2005, the amendment changes 
the definition of "another conviction" to mean an offense for which sentence was imposed' 
prior to the occurrence of the new offense. 
7. It clarifies that a duty to register is not triggered by a court deterinination, but by 
and upon notification by a court, the Department of Corrections, the State Bureau of 
Identification or a law enforcement agency that a person has a duty to register under the 
Sex Offender Registration and Notification Act of 1"999 .. In response to State v. Johnson, 
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2005 ME 46, the amendment also specifies that the State Bureau of Identification may 
correct the tenn of a registration' erroneously assigned to an offender or registrant, as 
registration is not part of a criminal sentence. In such instances, the bureau shall I10tify 
the offender or registrant, the district attorney and court in the jurisdiction whe;re 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. 
8. It clarifies that an affinnative defense provided in the Sex Offender Registration 
and Notification Act of 1999 may be raised for just cause, which may include that the 
offender was not 'aware of the duty to register. 
9. It clarifies that a certification made by the record custodian als,o may be made by 
the record custodian's designee. 
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10. It makes these proposed changes retroactive to January 1, 1982.