An Act To Criminalize Possession, Trafficking and Fumishing of So-called Bath Salts Containing Synthetic Hallucinogenic Drugs
Maine Legislature, Session 125, LD 1589
Committee Amendment CA_A_H682 (House)

COMMITTEE AMENDMENT ,,{j " to H.P. 1192, L.D. 1589, Bill, "An Act To 
Criminalize Possession, Trafficking and Fumishing of So-called Bath Salts Containing 
Synthetic Hallucinogenic Drugs" 
Amend the bill in section 6 in § 1119 by striking out all of subsection 2 (page 3, lines 
to 29 in L.D.) and inserting the following: 
'2. 
A person who violates subsection 1 commits a Class C crime if the person has 
one or more prior convictions for any offense under this chapter or for engaging in 
substantially similar conduct to that of an offense under this chapter in another 
jurisdiction. 
Section 9-A govems the use of prior convictions when determining a 
sentence, except that, for the purposes of this subsection, the date of each prior conviction 
may precede the commission of the offense being enhanced by more than 10 years.' 
Amend the bill by inserting after section 10 the following: 
'Sec. 11. Appropriations and allocations. The following appropriations and 
allocations are made. 
CORRECTIONS, DEPARTMENT OF 
Correctional Impact Reserve N033 
Initiative: Provides funds for the Conectional Impact Reserve program for an anticipated 
increase in conectional costs as a result of increasing the penalties for synthetic 
hallucinogenics. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2011-12 
$21,848 
$21,848 
COMMITTEE AMENDMENT 
2012-13 
$153,725 
$153,725 
~ 
~,. 
COMMITTEE AMENDMENT "~,, to H.P. 1192, L.D. 1589 
CORRECTIONS, DEPARTMENT OF 
DEP ARTMENT TOTALS 
GENERAL FUND 
DEPARTMENTTOTAL~ALLFUNDS 
2011~12 
$21,848 
$21,848 
INDIGENT LEGAL SERVICES, MAINE COMMISSION ON 
Maine Commission on Indigent Legal Services Z112 
2012~13 
$153,725 
$153,725 
Initiative: Provides funds for the anticipated increase in indigent legal service costs as a 
result of increasing the penalties related to synthetic hallucinogenics. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
INDIGENT LEGAL SERVICES, MAINE 
COMMISSION ON 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL ~ ALL FUNDS 
SECTION TOTALS 
GENERAL FUND 
SECTION TOTAL ~ ALL FUNDS 
2011~12 
$9,167 
$9,167 
2011~12 
$9,167 
$9,167 
2011-12 
$31,015 
$31,015 
2012~13 
$22,000 
$22,000 
2012~13 
$22,000 
$22,000 
2012~13 
$175,725 
$175,725 
SUMMARY 
This amendment eliminates from the bill language that enhances possession of 
synthetic hallucinogenic drugs to a Class C crime if the person has a prior conviction for 
any Class A, B or C offense in the Maine Revised Statutes, Title 17 -A. The amendment 
specifies that possession may be enhanced to a Class C crime if the person has one or 
more prior convictions for any offense under the drug laws in the Maine Criminal Code 
or for engaging in substantially similar conduct in another jurisdiction. The amendment 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 1192, L.D. 1589 
also specifies that prior convictions are governed by Title 17 -A, section 9-A. 
This 
amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 09/27/11 
;:Idczc 
LD 1589 
LR 2221(02) 
An Act To Criminalize Possession, Trafficking and Furnishing of So-called Bath Salts Containing 
Synthetic Hallucinogenic Drugs 
Fiscal Note for Bill as Amended by Committee Amendment '~" 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Projections 
FY 2011-12 
FY 2012-13 
FY 2013-14 
Net Cost (Savings) 
General Fund 
$31,015 
$175,725 
$239,825 
Appropriations/Allocations 
General Fund 
$31,015 
$175,725 
$239,825 
Fiscal Detail and Notes 
Correctional Cost Detail 
FY 2012 
FY2013 
FY 2014 
FY 2015 
One Class C increased to Class A 
$0 
$64,278 
$106,972 
$149,666 
One Class E increased to Class B 
$14,657 
$82,256 
$103,662 
$103,662 
One new Class D Crime 
$7,191 
$7,191 
$7,191 
$7,191 
Total Cost - All Convictions 
$21,848 
$153,725 
$217,825 
$260,519 
Fiscal Detail and Notes 
Projections 
FY 2014-15 
$282,519 
$282,519 
FY 2016 
$192,360 
$103,662 
$7,191 
$303,213 
This bill includes a General Fund appropriation of $9, 167 in fiscal year 2011-12 for the prorated anticipated increase 
in indigent legal services costs. The ongoing annual cost is estimated to be $22,000. It also includes a General Fund 
appropriation of $21,848 in fiscal year 2011-12 and $153,725 in fiscal year 2012-13 for the Correctional Impact 
Reserve program. This estimate reflects the net effect of savings to county facilities and increased costs to state 
facilities associated with the enhanced penalty provisions. 
LR2221(02) - Fiscal Note - Page 1 of 1