An Act To Establish the Criminal Law Revision Commission
Maine Legislature, Session 126, LD 1765
Committee: Criminal Justice and Public Safety
Amends: 5 MRSA §12004-I, 17-A MRSA §1371

Legislative Document 
No. 1765 
S.P. 700 
In Senate, February 11, 2014 
An Act To Establish the Criminal Law Revision Commission 
(EMERGENCY) 
Reported by Senator GERZOFSKY of Cumberland for the Criminal Code Revision 
Planning Committee pursuant to Joint Order, S.P. 31. 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed pursuant to Joint Rule 218. 
DAREK M. GRANT 
Secretary of the Senate 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, certain criminal laws within the Maine Revised Statutes are ambiguous 
and in some cases contradictory, making them ineffective or unduly burdensome for the 
judicial system; and 
Whereas, the Criminal Law Advisory Commission does not have the resources or 
the clear authority to conduct a comprehensive review of Maine's criminal laws and make 
policy recommendations for changes to those laws; and 
Whereas, the immediate creation of an organization to review and revise Maine's 
criminal laws is essential to ensure Maine's criminal justice system functions fairly and 
effectively and the Legislature's policy goals are achieved; 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 §12004-I, sub-§52-C is enacted to read: 
52-C.   
This subsection is repealed October 1, 2017. 
Sec. 2.  17-A MRSA c. 56 is enacted to read: 
CHAPTER 56 
CRIMINAL LAW REVISION COMMISSION 
§1371.  Establishment 
The Criminal Law Revision Commission, referred to in this chapter as "the 
commission," is established in Title 5, section 12004-I, subsection 52-C. 
§1372.  Purposes 
The commission is established to examine all criminal statutes within the Maine 
Revised Statutes and the administration of those statutes to assess their clarity and 
Judiciary: 
Criminal Law 
Criminal Law 
Revision 
Commission 
Legislative Per 
Diem and Expenses 
for Legislators and 
Expenses Only for 
Other Members 
17-A MRSA §1371 
consistency, the proportionality of penalties to offenses and the effectuation of policy 
objectives. 
§1373.  Membership; terms; vacancies 
1.  Members.  The commission consists of the following members: 
A.  The following 11 voting members: 
(1)  Two members of the Senate, representing 2 political parties, who are 
members of the joint standing committee of the Legislature having jurisdiction 
over criminal justice matters, one appointed by the President of the Senate and 
one appointed by the Senate Minority Leader; 
(2)  Two members of the House of Representatives, representing 2 political 
parties, who are members of the joint standing committee of the Legislature 
having jurisdiction over criminal justice matters, one appointed by the Speaker of 
the House and one appointed by the House Minority Leader;  
(3)  Two members appointed by the Governor; 
(4)  The Attorney General or the Attorney General's designee; 
(5)  A member of the judicial branch who is not a judge or a justice, appointed by 
the Chief Justice of the Supreme Judicial Court; 
(6)  The chair of the Criminal Law Advisory Commission or the chair's designee; 
(7)  A representative of the statewide criminal defense association with the 
largest membership of criminal defense attorneys in the State, appointed by the 
President of the Senate; and 
(8)  A representative of a statewide prosecutors association, appointed by the 
Speaker of the House; and 
B.  Two nonvoting members who are active or retired judges or justices, appointed by 
the Chief Justice of the Supreme Judicial Court. 
2.  Chairs.  The Senate member appointed by the President of the Senate and the 
House of Representatives member appointed by the Speaker of the House are cochairs of 
the commission. The commission may appoint other officers as necessary and make rules 
for orderly procedure. 
3.  Terms and vacancies.  Except for Legislators and the Attorney General, who 
serve terms coincident with their elective offices or appointment terms, all members serve 
for 3-year terms and may be reappointed.  A vacancy must be filled by the same 
appointing authority that made the original appointment.   Members may continue to 
serve until their replacements are designated.  A member may designate an alternate to 
serve on a temporary basis. 
4.  Quorum.  Six voting members of the commission constitute a quorum. 
§1374.  Powers and duties 
1.  Duties.  The commission: 
A.  Shall meet at least twice annually; 
B.  Shall examine the State's criminal laws for the purposes of their clarification to 
facilitate just and expedient resolutions of criminal prosecutions and to resolve or 
prevent statutory or policy conflicts; 
C.  Shall examine statutory definitions of crimes for the purpose of their 
consolidation; 
D.  Shall examine mandatory minimum and administrative penalties and costs related 
to crimes for policy continuity and issues surrounding the fair administration and 
implementation of those penalties; 
E.  Except for sentencing guidelines, may examine any other aspects of the State's 
criminal laws that may be relevant, including, but not limited to, substantive, 
procedural and administrative matters; and 
F.  Whenever the commission determines appropriate, shall seek the advice of 
experts, including, but not limited to, representatives of executive branch departments 
and nongovernmental entities, in fields related to the commission's duties and may 
establish advisory groups to provide research, technical and policy support. 
2.  Legislation.  The commission may submit legislation to the Legislature to 
effectuate its recommendations pursuant to section 1375. 
§1375.  Report to Legislature and other entities 
The commission shall submit to each second regular session of the Legislature its 
findings and recommendations for changes to the criminal laws and related provisions as 
the commission determines appropriate, including policy recommendations.  The 
commission may also make recommendations to the Chief Justice of the Supreme 
Judicial Court, the Advisory Committee on Criminal Rules and the Criminal Law 
Advisory Commission and to any other organization or committee whose affairs pertain 
to the criminal justice system. 
§1376.  Chief counsel; support staff; adequate funding requirement 
The Legislature, through the commission, shall contract for the following: 
1.  Chief counsel.  A chief counsel, who has the responsibility for legal research and 
drafting as required in connection with the review and revision of the State's criminal 
laws, under the direction and supervision of the commission.  The chief counsel must by 
virtue of prior training, experience, ability and reputation clearly demonstrate the ability 
to perform tasks assigned by the commission; and 
2.  Support staff.  Support staff, which, to the extent funding permits, must provide 
year-round staffing support to the commission and the chief counsel.  In the event 
funding does not permit adequate support staff, the commission may request support staff 
from the Legislative Council, except that Legislative Council staffing support is not 
authorized when the Legislature is in regular or special session. The commission may not 
request staffing support from the Legislative Council unless a chief counsel has been 
contracted pursuant to this section. 
Notwithstanding the requirements of this chapter, if a majority of the commission 
determines that adequate funding and staffing support are not available to fully and 
effectively carry out the commission's duties, the commission shall postpone operations 
until such time as sufficient funding and staffing become available. The commission shall 
notify the Legislature in writing at least 30 days prior to postponing activities that it no 
longer has sufficient funding to continue its work. 
§1377.  Accounting; outside funding 
All funds appropriated, allocated or otherwise provided to the commission must be 
deposited in an account separate from all other funds of the Legislature and are 
nonlapsing.  Funds in the account may be used only for the purposes of the commission. 
The commission may seek and accept outside funding, including, but not limited to, 
federal funds, to fulfill commission duties.  Prompt notice of solicitation and acceptance 
of funds must be sent to the Legislative Council. All funds accepted must be forwarded to 
the Executive Director of the Legislative Council, along with an accounting that includes 
the amount received, the date that amount was received, from whom that amount was 
received, the purpose of the donation and any limitation on use of the funds. The 
executive director shall administer all funds received in accordance with this section. At 
the beginning of each fiscal year, and at any other time at the request of the cochairs of 
the commission, the executive director shall provide to the commission an accounting of 
all funds, including funds for staffing, available to the commission. 
§1378.  Compensation 
Legislators who are members of the commission are entitled to receive the legislative 
per diem and expenses as defined in Title 3, section 2 for their attendance to their duties 
under this chapter. Other members are entitled to receive reimbursement of necessary 
expenses if they are not otherwise reimbursed by their employers or others whom they 
represent. 
§1379.  Repeal 
This chapter is repealed on October 1, 2017. 
Sec. 3.  Initial work.  Notwithstanding the Maine Revised Statutes, Title 17-A, 
chapter 56, which specifies the Criminal Law Revision Commission must examine all the 
State's criminal statutes within the Maine Revised Statutes, the commission shall initially 
examine only Title 17-A and report its findings and recommendations to the Second 
Regular Session of the 127th Legislature. 
Sec. 4.  Staggered terms and specific appointments.  Notwithstanding the 
Maine Revised Statutes, Title 17-A, section 1373, members initially appointed to the 
Criminal Law Revision Commission are appointed as follows. 
1.  The appointments by the Governor are for terms of one year. 
2.  The appointment by the President of the Senate of a representative from a 
statewide criminal defense association must be of a member of the Maine Association of 
Criminal Defense Lawyers recommended by that association, and that appointment is for 
a term of 2 years. 
3.  The appointment by the Speaker of the House of a representative from a statewide 
prosecutors association must be of a member of the Maine Prosecutors Association 
recommended by that association, and that appointment is for a term of 2 years. 
Sec. 5.  Appropriations and allocations.  The following appropriations and 
allocations are made. 
LEGISLATURE 
Criminal Law Revision Commission N167 
Initiative:  Provides funds to contract for staff assistance for the Criminal Law Revision 
Commission.  These funds may not lapse but must be carried forward for the same 
purpose. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill is an emergency measure and: 
1.  Establishes the 13-member Criminal Law Revision Commission for the purpose of 
examining all criminal statutes within the Maine Revised Statutes and the administration 
of those statutes to ensure their clarity and consistency, the proportionality of penalties to 
offenses and the effectuation of policy objectives; 
2.  Provides that the membership of the commission must include 4 members of the 
joint standing committee of the Legislature having jurisdiction over criminal justice 
matters, the Attorney General or a designee, a member of the judicial branch who is not a 
judge or a justice, the chair of the Criminal Law Advisory Commission or a designee, a 
member representing a statewide criminal defense association, a member representing a 
statewide prosecutors association and 2 members appointed by the Governor.  It also 
provides for 2 nonvoting members who are active or retired judges or justices; 
3.  Directs the commission to begin its work with the Maine Criminal Code before 
working on crimes outside of the Maine Criminal Code. It also requires the commission 
GENERAL FUND 
2013-14
2014-15
All Other 
$155,000
$2,500
GENERAL FUND TOTAL 
$155,000
$2,500
to report its findings and recommendations to the second regular session of each 
Legislature starting with the 127th Legislature and authorizes the commission to submit 
legislation to effectuate its recommendations;   
4.  Provides that operations and staffing of the commission are dependent on 
adequate funding and that the commission must postpone its operations if funding and 
staffing levels are not sufficient to allow the commission to fully and effectively carry out 
its duties.  The commission must notify the Legislature in writing at least 30 days prior to 
postponing activities that it no longer has sufficient funding to continue its work; 
5.  Provides that, if funding is not available for staffing support, the commission may 
request staffing assistance from the Legislative Council, subject to certain restrictions; 
6.  Provides an appropriation of $155,000 in fiscal year 2013-14 and $2,500 every 
year thereafter to contract for a chief counsel and staffing support; and 
7.  Repeals the Criminal Law Revision Commission on October 1, 2017.