An Act To Increase the Penalties for Vandalizing a Cemetery
Maine Legislature, Session 127, LD 1071
Committee Amendment CA_A_S100 (Senate)

COMMITTEE AMENDMENT" A " to S.P. 374, L.D. 1071, Bill, "An Act To 
Increase the Penalties for Vandalizing a Cemetery" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Address Vandalism of a Cemetery' 
Amend the bill by inserting after the enacting clause and before section 1 the 
following: 
'Sec. 1. 13 MRS A §llOl, sub-§3 is enacted to read: 
3. 
Cemeteries. 
A municipality shall repair and restore tombs, monuments, 
gravestones, markers and any fences, railings, curbs or other enclosures that have been 
damaged and for which repair and restoration have not been provided by a person or 
organization.' 
Amend the bill in section 2 in subsection 1 in paragraph A in the last line (page 1, 
line 16 in L.D.) by striking out the following: "C crime;" and inserting the following: 'D 
crime: or' 
Amend the bill in section 2 in subsection 1 in paragraph B in the last line (page 1, line 
in L.O.) by striking out the following: "C crime; or" and inserting the following: '.Q 
crime.' 
Amend the bill in section 2 in subsection t by striking out all of paragraph C (page 1, 
lines 25 to 32 in L.O.) 
Amend the bill in section 4 in subsection 4 by striking out all of the first paragraph 
(page 1, lines 36 to 39 in L.O.) and inserting the following: 
'4. Notwithstanding section 1323, subsections 1 and 2 and section 1325, subsections 
and 2, the court shall order restitution under chapter 54 if a violation of subsection 1 
results in any damages or pecuniary loss. If possible. damages must be calculated by an 
appropriate professional conservator. The following may be a claimant' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 374, L.D. 1071 
Amend the bill in section 5 in §507-B in the first line in the headnote (page 2, line 17 
in L.D.) by inserting after the following: "gravestones" the following: 'and memorials' 
Amend the bill in section 5 in §507-B in subsection 4 by striking out all of the first 
paragraph (page 2, lines 39 and 40 and page 3, lines 1 and 2 in L.D.) and inserting the 
following: 
'4. Notwithstanding section 1323, subsections 1 and 2 and section 1325, subsections 
and 2, the court shall order restitution under chapter 54 if a violation of subsection 1 
results in any damages or pecuniary loss. If possible, damages must be calculated by an 
appropriate professional conservator. The following may be a claimant under section 
1324:' 
Amend the bill by striking out all of section 8. 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment is the minority report of the committee. The amendment retains the 
provisions of the bill that make restitution mandatory in criminal cases invulving 
interference with a cemetery or burial ground and illegal possession of gravestones. The 
amendment strikes from the bill the provision that removes from the consideration of the 
court the inability to pay of a person who commits these crimes. The amendment strikes 
from the bill the strict liability crime of removal of a flower, flag, flag holder or memorial 
token from a grave, tomb, monument or burial lot and the crime of owning or controlling 
an animal that destroys, mutilates, defaces, injures or removes any tomb, monument, 
gravestone, marker, metal plaque, flag, flag holder or veteran's grave marker or other 
structure or thing placed or designed as a memorial or to protect a memorial for the dead, 
or any portion or fragment of any such memorial, or any fence, railing, curb or other 
enclosure for the burial of the dead. The amendment maintains the designation in current 
law of interference with a cemetery or burial ground as a Class D crime. The amendment 
requires municipalities to repair and restore tombs, monuments, gravestones, markers and 
any fences, railings, curbs or other enclosures that have been damaged and for which 
repair and restoration have not been provided by a person or organization. 
FISCAL :SOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/06115 
.wac 
LD 1071 
LR 1579(02) 
An Act To Increase the Penalties for Vandalizing a Cemetery 
Fiscal Note for Bill as Amended by Committee Amendment "A" (S-IOO ') 
Committee: Criminal Justice and Public Safety 
Correctional and Judicial Impact Statements 
Establishes new Class D crimes. 
Fiscal Note Required: Yes 
Fiscal Note 
State Mandate - Unfunded 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
State Mandates 
Required Activity 
To repair and restore tombs, monuments, gravestones and related enclosures in 
cemeteteries. 
U nit Affected 
Local Cost 
Municipality 
Significant 
statewide 
The required local activities in this bill may represent a State mandate pursuant to the Constitution of Maine. Unless 
General Fund appropriations are provided to fund at least 90% of the additional costs or a Mandate Preamble is 
amended to the bill and two-thirds of the members of each House vote to exempt this mandate from the funding 
requirement, municipalities may not be required to implement these changes. 
LR1579(02) - Fiscal Note - Page I of 1