An Act To Implement the Recommendations of the Criminal Law Advisory Commission Relative to the Maine Criminal Code and Related Statutes
Maine Legislature, Session 125, LD 1399
Committee Amendment CA_A_H618 (House)
Amends: 17-A MRSA §255-A, 17-A MRSA §284, 17-A MRSA §1055, 17-A MRSA §1326-B, 17-A MRSA §1326-F

COMMITTEE AMENDMENT "A" to H.P. 1028, L.D. 1399, Bill, "An Act To 
Implement the Recommendations of the Criminal Law Advisory Commission Relative to 
the Maine Criminal Code and Related Statutes" 
Amend the bill in section 5 in paragraph I in the 3rd line (page 4, line 1 in L.D.) by 
inserting after the following: "is a" the following: 'current' 
Amend the bill by striking out all of section 6. 
Amend the bill by striking out all of section 10 and inserting the following: 
'Sec. 10. 17-A MRSA §255-A, sub-§I, W-2 is enacted to read: 
F-2. The other person, not the actor's spouse, is in fact either 14 or 15 years of age 
and the actor is at least 10 years older than the other person. Violation of this 
paragraph is a Class D crime;' 
Amend the bill in section 11 in paragraph U in the 3rd line (page 4, line 30 in L.D.) 
by inserting after the following: "is a" the following: 'current' 
Amend the bill in section 12 in paragraph V in the 3rd line (page 5, line 3 in L.D.) by 
inserting after the following: "is a" the following: 'current' 
Amend the bill in section 13 in paragraph K in the 3rd line (page 5, line 13 in L.D.) 
by inserting after the following: "is a" the following: 'current' 
Amend the bill by striking out all of section 14 and inserting the following: 
'Sec. 14. 17-A MRSA §284, sub-§5, as amended by PL 2011, c. 50, §3, is further 
amended to read: 
5. For purposes of this section, any element of age of the person depicted means the 
age of the person at the time the sexually explicit conduct occurred, not the age of the 
person depicted at the time of disS8miHatioH the transporting, exhibiting, purchasing, 
possession or accessing of the sexually explicit visual image or materia1.' 
Amend the bill by striking out all of section 19 and inserting the following: 
COMMITTEE AMENDMENT 
~d.~' 
COMMITTEE AMENDMENT'~" to H.P. 1028, L.D. 1399 
'Sec. 19. 17-A MRSA §1055, as amended by PL 2011, c. 31, §1, is further 
amended to read: 
§1055. Possession or distribution of dangerous knives 
1. 
A person is guilty of trafficking in possession or distribution of dangerous 
knives, if providing he, when the person has no right to do so, he the person knowingly 
manufactures or causes to be manufactured, or knowingly possesses, displays, offers, 
sells, lends, gives away or purchases any knife whish that has a blade whish that opens 
automatically by hand pressure applied to a button, spring or other device in the handle of 
the knife, or any knife having a blade whish that opens or falls or is ejected into position 
by the force of gravity, or by an outward, downward or centrifugal thrust or movement. 
2. 
Trafficking in Possession or distribution of dangerous knives is a Class D crime. 
3. Notwithstanding subsection 1, a person who has only one ann may possess and 
transport a knife described under subsection 1 that has a blade 3 inches or less in length.' 
Amend the bill by inserting after section 24 the following: 
'Sec. 25. 17-A MRSA §1326-B, suh-§2, as enacted by PL 1999, c. 469, §1, is 
amended to read: 
2. 
The income withholding order is effective as long as the order for restitution 
upon which it is based is effective, including after a defendant is no longer in the custody 
or under the supervision of the Department of Corrections and has not paid the restitution 
in full as described in section 1326-F, or until further order of the court. 
Sec. 26. 17-A MRSA §1326-F, as enacted by PL 2009, c. 608, § 14, is amended to 
read: 
§1326-F. Former Department of Corrections' clients owing restitution 
An offender is responsible for paying any restitution outstanding at the time the tenn 
of commitment to the Department of Corrections or period of probation is completed. An 
offender who has complied with the time and method of payment of monetary 
compensation determined by the Department of Corrections during the period of 
probation shall continue to make payments to the Department of Corrections in 
accordance with that payment schedule unless modified by the court pursuant to section 
1328-A or 1329. An offender who has not complied with the time and method of 
payment of monetary compensation detennined by the Department of Corrections during 
the period of probation must be returned to the court for further disposition pursuant to 
section 1329. 
An offender who is unconditionally released and discharged from 
institutional confinement with the Department of Corrections upon the expiration of the 
sentence must, upon application of the office of the attorney for the State, be returned to 
the court for specification by the court of the time and method of payment of monetary 
compensation, which may be ordered paid to the office of the attorney for the State who 
prosecuted the case or to the clerk of the court. Prior to the offender's release and 
discharge, the Department of Corrections shall provide the office of the attorney for the 
State who prosecuted the case written notice as to the amount of restitution outstanding. 
An income withholding order issued pursuant to section 1326-B remains effective and 
COMMITTEE AMENDMENT 
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d.~. 
COMMITTEEAMENDMENT"~"tOH.P.1028'L.D.1399 
enforceable until the restitution is paid in full, even after an offender is no longer in the 
custody or under the supervision of the Department of Corrections.' 
Amend the bill by adding after section 27 the following: 
'Sec. 28. Appropriations and allocations. The following appropriations and 
allocations are made. 
INDIGENT LEGAL SERVICES, MAINE COMMISSION ON 
Maine Commission on Indigent Legal Services Z112 
Initiative: Provides funds for an anticipated increase in indigent legal service costs. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2011-12 
$5,710 
$5,710 
2012-13 
$7,614 
$7,614 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment clarifies that for purposes of relationships between patients and 
providers, the relationship must be current, therefore not criminalizing conduct after the 
patient-provider relationship has concluded. 
The amendment also properly places the violation dealing with sexual contact, the 
Maine Revised Statutes, Title 17-A, section 254, subsection 1, paragraph A-3 proposed in 
the bill in Title 17-A, section 255-A, which deals with unlawful sexual contact offenses, 
not sexual acts. 
The amendment adds language to Title 17-A, section 284 to be consistent with 
recently enacted Public Law 2011, chapter 50. 
The amendment adds language to specify that income withholding orders remain 
effective and enforceable until restitution is paid in full, even after an offender is no 
longer in the custody or under the supervision of the Department of Corrections. 
The amendment adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06111111 Mac.. 
LD 1399 
LR 2006(02) 
An Act To Implement the Recommendations of the Criminal Law Advisory Commission Relative to 
the Maine Criminal Code and Related Statutes 
Fiscal Note for Bill as Amended by Committee Amendment "R" 
Committee: Criminal Justice and Public Safety 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2011-12 
FY 2012-13 
$5,710 
$7,614 
$5,710 
$7,614 
Projections 
FY 2013-14 
$7,614 
$7,614 
Projections 
FY 2014-15 
$7,614 
$7,614 
The provision expanding harassment by telephone to include harassment by electronic device will increase the number 
of Class E offenses. The above estimate of fiscal impact does not reflect the costs to the State Board of Corrections. 
The Department of Corrections has not estimated the number of convictions that will result. The average cost for one 
Class E crime is $3,132 based on an average length of stay of27 days. The total cost will depend on the actual 
number and terms of sentences. This estimate does reflect the cost to the Maine Commission on Indigent Legal 
Services, which is estimated to be $5,710 in fiscal year 2011-12 and $7,614 in fiscal year 2012-13 based on an average 
annual increase of23.5 cases, a 50% increase over the current number of vouchers for harassment by telephone. 
LR2006(02) - Fiscal Note - Page 1 of 1