An Act To Assist Victims of Human Trafficking
Maine Legislature, Session 126, LD 1730
Committee Amendment CA_A_H763 (House)
Amends: 5 MRSA §3360, 5 MRSA §3360-I, 17-A MRSA §853-A

COMMITTEE AMENDMENT "A " 
to H.P. 1238, L.D. 1730, Bill, "An Act To 
Assist Victims of Human Trafficking" 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, human trafficking is occurring in Maine; and 
Whereas, victims of human trafficking need assistance as soon as possible; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §3360, sub-§3, ~G, as amended by PL 2009, c. 336, §1, is 
further amended to read: 
G. Leaving the scene of a motor vehicle accident involving personal injury or death, 
in violation of Title 29-A, section 2252; ef 
Sec. 2. 5 MRSA §3360, sub-§3, ~H, as amended by PL 2009, c. 336, §2, is 
further amended to read: 
H. Sexual exploitation of a minor as described in Title 17 -A, chapter 12~~ 
Sec. 3. 5 MRSA §3360, sub-§3, ~J is enacted to read: 
J. Aggravated sex trafficking or sex trafficking as described in Title 17-A, sections 
and 853, respectively. 
COMMITTEE AMENDMENT 
ROFS 
COMMITTEE AMENDMENT ·A" to H.P. 1238, L.D. 1730 
Sec. 4. 5 MRSA §3360-I, first~, as amended by PL 2013, c. 368, Pt. EE, §l and 
affected by §2 and c. 424, Pt. H, §§ 1 and 2, is further amended to read: 
As part of the sentence or fine imposed, the court shall impose an assessment of $35 
on any person convicted of murder, a Class A crime, a Class B crime or a Class C crime 
and $20 on any person convicted of a Class D crime or a Class E crime, except that the 
court shall impose an assessment of $1,000 on any person convicted of aggravated sex 
trafficking as described in Title 17 -A, section 852, an assessment of $500 on any person 
convicted of sex trafficking as described in Title 17-A, section 853, an assessment of 
$500 on any person for the first conviction and $1,000 for each subsequent conviction of 
engaging in prostitution as described in Title 17-A, section 853-A and an assessment of 
$500 on any person for the first conviction and $1,000 for each subsequent conviction of 
patronizing prostitution of a minor or patronizing prostitution of a mentally disabled 
person as described in Title 17-A, section 855. Notwithstanding any other law, the court 
may not waive the imposition of the assessment required by this section. For purposes of 
collection and collection procedures, this assessment is considered part of the fine. At the 
time of commitment, the court shall inform the Department of Corrections or the county 
sheriff of any unpaid balances on assessments owed by the offender to the Victims' 
Compensation Fund. All funds collected as a result of these assessments accrue to the 
Victims' Compensation Fund. 
Sec. 5. 17-A MRSA §853-A, sub-§4 is enacted to read: 
4. It is an affinnative defense to prosecution under this section that the person 
engaged in prostitution because the person was compelled to do so as described in section 
852, subsection 2. 
Sec. 6. Appropriations and allocations. The following appropriations and 
allocations are made. 
ATTORNEY GENERAL, DEPARTMENT OF THE 
Victims' Compensation Board 0711 
Initiative: Allocates funds generated by placing an assessment on individuals convicted of 
certain sex trafficking and prostitution crimes as part of the sentence imposed by the 
court. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2013-14 
$0 
$0 
2014-15 
$8,500 
$8,500 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment replaces the bill. 
The amendment amends the victims' 
compensation laws to include 2 additional crimes for which a victim may seek 
COMMITTEE AMENDMENT 
ROFS 
COMMITTEE AMENDMENT "A "to H.P. 1238, L.D. 1730 
compensation, as well as providing additional funding sources. It allows a victim of 
aggravated sex trafficking or sex trafficking to seek compensation from the Victims' 
Compensation Fund for medical and other costs. It also assesses $1,000 on any person 
convicted of aggravated sex trafficking, $500 on any person convicted of sex trafficking, 
$500 on any person for the first conviction and $1,000 for each subsequent conviction of 
engaging in prostitution and $500 on a person for the first conviction and $1,000 for each 
subsequent conviction of patronizing prostitution of a minor or patronizing prostitution of 
a mentally disabled person. 
This amendment establishes an affirmative defense to the crime of engaging in 
prostitution. The person charged with engaging in prostitution may raise the affirmative 
defense that the person engaged in prostitution because the person was compelled to do 
so as described in the provisions regarding the crime of aggravated sex trafficking. 
It also adds an emergency preamble and emergency clause to the bill. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/21114 Mac:. 
LD 1730 
LR 2514(02) 
An: Act To Assist Victims of Human Trafficking 
'J \ 
Fiscal Note for Bill as Amended by Committee Amendment 'A' cH J 1!J;V 
Committee: Judiciary 
Appropriations/Allocations 
Other Special Revenue Funds 
Revenue 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2013-14 
FY 2014-15 
$0 
$8,500 
$0 
$8,500 
Projections 
FY 2015-16 
$8,500 
$8,500 
Projections 
FY 2016-17 
$8,500 
$8,500 
This bill increases revenue accruing to the Department of the Attorney General, Victim's Compensation Board, Other 
Special Revenue Funds account by placing an assessment on individuals convicted of certain sex trafficking and 
prostitution crimes as part of the sentence imposed by the court. It is estimated to generate $8,500 annually beginning 
in fiscal year 2014-15. It also provides an allocation equal to the new revenue. 
LR2514(02) - Fiscal Note - Page 1 of 1