An Act To Amend Statutory Post-conviction Review
Maine Legislature, Session 125, LD 1861
Committee Amendment CA_A_H857 (House)

COMMITTEE AMENDMENT "A" to H.P. 1378, L.D. 1861, Bill, "An Act To 
Amend Statutory Post-conviction Review" 
Amend the bill in section 7 in §2124 in subsection 3 in paragraph A in the last line 
(page 4, line 9 in L.D.) by striking out the following: "or" 
Amend the bill in section 7 in §2124 in subsection 3 in paragraph D in the last line 
(page 4, line 30 in L.D.) by striking out the following: "crime." and inserting the 
following: 'crime; or' 
Amend the bill in section 7 in §2124 in subsection 3 by inserting at the end after 
paragraph D the following: 
'E. A criminal judgment in this State pursuant to a plea of guilty or nolo contendere 
accepted by a trial court on or after March 31, 2010 by a represented defendant who 
is not a United States citizen and who under federal immigration law, as a 
consequence of the particular plea, is subject to a pending deportation proceeding.' 
Amend the bill in section 11 in §2128-B by striking out all of subsection 3 (page 7, 
lines 4 to 7 in L.D.) and inserting the following: 
'3. Filing deadline for indirect impediment. 
A one-year period of limitation 
applies to initiating a petition for post-conviction review seeking relief from a criminal 
judgment under section 2124, subsection 3, paragraphs A and D. The one-year limitation 
period runs from the date of imposition of a sentence for the new crime resulting in the 
indirect impediment. A 60-day period of limitation applies to initiating a petition for post-
conviction review seeking relief from a criminal judgment under section 2124, subsection 
3, paragraph E. The 60-day limitation period runs from the date the noncitizen becomes 
aware, or should have become aware, that under federal immigration law, as a 
consequence of the particular plea, a deportation proceeding has been initiated against the 
noncitizen. ' 
Amend the bill by adding after section 14 the following: 
COMMITTEE AMENDMENT 
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~ 
COMMITTEE AMENDMENT 'A" to H.P. 1378, L.D. 1861 
'Sec. 15. Application. If the date a noncitizen becomes aware, or should have 
become aware, that under federal immigration law, as a consequence of the particular 
plea, a deportation proceeding has been initiated against that noncitizen is on or after 
March 31, 2010, but prior to the effective date of this Act, the 60-day limitation period 
under the Maine Revised Statutes, Title 15, section 2128-B, subsection 3 runs from the 
effective date of this Act.' 
SUMMARY 
This amendment provides to a noncitizen who, in the context of a plea in which the 
noncitizen was represented by counsel and who under federal immigration law, as a 
consequence of the particular plea, is subject to a pending deportation proceeding a 
jurisdictional avenue independent of that already provided by the Maine Revised Statutes, 
Title 15, section 2124, subsection 1. This jurisdictional avenue provides a means by 
which 
to 
lllihate 
a 
post-convIctIon 
review 
proceeding 
to 
test 
the 
effective-assistance-of-counsel guarantee 
under the 
United States 
Constitution, 
Amendment VI as reflected in the United States Supreme Court decision of Padilla v. 
Kentucky, 559 U.S. _, 130 S.Ct. 1473 (2010). To qualify, the plea must also be 
accepted by a trial court on or after March 31, 2010. 
The amendment also provides a different filing deadline for Title 15, section 2124, 
subsection 3, paragraph E than that provided for in paragraphs A and D of the same 
section. The 60-day limitation period runs from the date the noncitizen becomes aware, 
or should have become aware, that under federal immigration law, as a consequence of 
the particular plea, a deportation proceeding has been initiated against the noncitizen. 
The amendment also adds an application section to provide a grace period of the 
same length as the new 60-day filing deadline for this indirect impediment. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 03/15/12 
~ac.. 
LD 1861 
LR 2741(02) 
An Act To Amend Statutory Post-conviction Review 
Fiscal Note for Bill as Amended by Committee Amendment '14" (H -8'51 ) 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
The costs associated with additional post conviction reviews can be absorbed by the Judicial Department utilizing 
existing budgeted resources. 
LR2741(02) - Fiscal Note - Page 1 of 1