An Act To Correct an Error in the Laws To Assist Victims of Human Trafficking
Maine Legislature, Session 126, LD 1863
Committee: Criminal Justice and Public Safety
Sponsors: DION, BOYLE
Amends: 5 MRSA §3360-I

Legislative Document 
No. 1863 
H.P. 1359 
House of Representatives, May 1, 2014 
An Act To Correct an Error in the Laws To Assist Victims of 
Human Trafficking 
(AFTER DEADLINE) 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative DION of Portland. 
Cosponsored by Senator BOYLE of Cumberland. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, Public Law 2013, chapter 537 took effect April 10, 2014; and 
Whereas, the purpose of Public Law 2013, chapter 537 is to help victims of human 
trafficking; and 
Whereas, Public Law 2013, chapter 537 increases assessments on persons 
promoting sex trafficking, with the increased assessments made available to victims of 
sex trafficking through the Victims' Compensation Fund; and 
Whereas, Public Law 2013, chapter 537 does not correctly impose an assessment 
for the Victims' Compensation Fund on persons engaging a prostitute, but instead 
imposes the assessment on victims of sex trafficking; and 
Whereas, this error needs to be corrected 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-I, first ¶, as amended by PL 2013, c. 537, §4, 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 a prostitute as described in Title 17-A, section 853-A 853-B 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. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill corrects an inadvertent error made in the committee amendment to 
Legislative Document 1730, which was enacted as Public Law 2013, chapter 537.  The 
intent was to impose an additional assessment to be paid to the Victims' Compensation 
Fund on persons convicted of engaging a prostitute, which is described in the Maine 
Revised Statutes, Title 17-A, section 853-B.  The committee amendment was erroneously 
printed and adopted with the assessment being imposed on persons convicted of a 
violation of Title 17-A, section 853-A, which is engaging in prostitution. This bill 
corrects who is subject to the additional Victims' Compensation Fund assessment. 
This bill takes effect when approved.