An Act To Increase Sentences Imposed for the Illegal Importation of Scheduled Drugs
Maine Legislature, Session 127, LD 1541
Committee Amendment CA_B_S404 (Senate)
Amends: 15 MRSA §3314, 17-A MRSA §1118, 17-A MRSA §1118-A, 17-A MRSA §1158-A, 17-A MRSA §1252

COMMITTEE AMENDMENT "i" to S.P. 602, L.D. 1541, Bill, "An Act To 
Increase Sentences Imposed for the Illegal Importation of Scheduled Drugs" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Increase Sentences Imposed for the Illegal Importation of Certain 
Scheduled Drugs' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 15 MRSA §3314, sub-§6, as amended by PL 2003, c. 657, §1, is further 
7 
amended to read: 
6. Forfeiture of firearms. As part of every disposition in every proceeding under 
this code, every firearm that constitutes the basis for an adjudication for a juvenile crime 
that, if committed by an adult, would constitute a violation of section 393; Title 17 -A, 
section 1105-A, subsection 1, paragraph C-1; Title 17-A, section 1105-B, subsection 1, 
paragraph C; Title 17-A, section 1105-C, subsection 1, paragraph C-1; BF Title 17-A, 
section 1105-D, subsection 1, paragraph B-1; or Title 17-A, section 1118-A, subsection 1, 
paragraph B and every firearm used by the juvenile or any accomplice during the course 
of conduct for which the juvenile has been adjudicated to have committed a juvenile 
crime that would have been forfeited pursuant to Title 17-A, section 1158-A if the 
criminal conduct had been committed by an adult must be forfeited to the State and the 
juvenile court shall so order unless another person satisfies the court prior to the 
dispositional hearing and by a preponderance of the evidence that the other person had a 
right to possess the firearm, to the exclusion of the juvenile, at the time of the conduct 
that constitutes the juvenile crime. Rules adopted by the Attorney General that govern 
the disposition of firearms forfeited pursuant to Title 17-A, section 115 8-A govern 
forfeitures under this subsection. 
Sec. 2. 17-A MRSA §1118, sub-§2, 1A, as enacted by PL 2001, c. 428, §1, is 
amended to read: 
COMMITTEE AMENDMENT 
~C:, 
~o 
COMMITTEE AMENDMENT" ~" to S.P. 602, L.D. 1541 
A. A Class C crime if the drug is a schedule W drug. except that the violation is a 
_... 
Class B crime if the drug is fentanyl powder or if the drug is heroin and at the time of 
the offense the person illegally imports heroin in a quantity of 6 grams or more or 
or more individual bags. folds. packages. envelopes or containers of any kind 
containing heroin; and 
Sec. 3. 17-A MRSA §1118-A is enacted to read: 
§1118-A. Aggravated illegal importation of scheduled drugs 
1. 
A person is guilty of aggravated illegal importation of a scheduled drug if the 
person violates section 1118; the drug is fentanyl powder or the drug is heroin and at the 
time of the offense the person illegally imports heroin in a quantity of 6 grams or more or 
or more individual bags, folds. packages, envelopes or containers of any kind 
containing heroin; and: 
A. At the time of the offense, the person has one or more prior convictions for any 
Class A. B or C offense under this chapter or for engaging in substantially similar 
conduct to that of the Class A. B or C offenses under this chapter in another 
jurisdiction. 
Section 9-A governs the use of prior convictions when determining a sentence, except 
that, for the purposes of this paragraph. the date of each prior conviction may precede 
the commission of the offense being enhanced by more than 10 years; 
B. At the time of the offense. the person possesses a firearm in the furtherance of the 
offense. uses a firearm, carries a firearm or is armed with a firearm; 
C. At the time of the offense. the person enlists or solicits the aid of or conspires 
with a child who is in fact less than 18 years of age to illegally import the scheduled 
drug; or 
D. Death is in fact caused by the use of the scheduled drug. 
A violation of this subsection is a Class A crime. 
2. If a person uses a motor vehicle to facilitate the aggravated illegal importation of 
a scheduled drug. the court may, in addition to other authorized penalties. suspend the 
person's driver's license or permit or privilege to operate a motor vehicle or right to apply 
for or obtain a license for a period not to exceed 5 years. A suspension may not begin 
until after any period of incarceration is served. If the court suspends a person's driver's 
license or permit, privilege to operate a motor vehicle or right to apply for or obtain a 
license, the court shall notify the Secretary of State of the suspension and the court shall 
take physical custody of the person's license or permit. The Secretary of State may not 
reinstate the person's driver's license or permit or privilege to operate a motor vehicle or 
right to apply for or obtain a license unless the person demonstrates that, after having 
been released and discharged from any period of incarceration that may have been 
ordered, the person has served the period of suspension ordered by the court. 
Sec. 4. 17-A MRSA §1158-A, sub-§1, 1A, as amended by PL 2009, c. 336, § 13, 
is further amended to read: 
A. That firearm constitutes the basis for conviction under: 
COMMITTEE AMENDMENT 
........... 
o"<ro 
~ 
COMMITTEE AMENDMENT" 1)" to S.P. 602, L.D. 1541 
(1) Title 15, section 393; 
(2) Section 1105-A, subsection 1, paragraph C-1; 
(3) Section 1105-B, subsection 1, paragraph C; 
( 4) Section 1105-C, subsection 1, paragraph C-1; 0f 
(5) Section 1105-D, subsection 1, paragraph B-1; or 
(6) Section 1118-A, subsection 1, paragraph B; 
Sec. 5. 17-A MRSA §1252, sub-§5-A, as amended by PL 2013, c. 133, §15, is 
further amended to read: 
5-A. 
Notwithstanding any other provision of this Code, for a person convicted of 
violating section 1105-A, 1105-B, 1105-C eF_. 1105-D or 1118-A: 
A. Except as otherwise provided in paragraphs B and C, the minimum sentence of 
imprisonment, which may not be suspended, is as follows: When the sentencing class 
is Class A, the minimum term of imprisonment is 4 years; when the sentencing class 
is Class B, the minimum term of imprisonment is 2 years; and, with the exception of 
a conviction under section 1105-A, 1105-B, 1105-C or 1105-D when the drug that is 
the basis for the charge is marijuana, when the sentencing class is Class C, the 
minimum term of imprisonment is one year; 
B. The court may impose a sentence other than a minimum unsuspended term of 
imprisonment set forth in paragraph A, if: 
(1) The court finds by substantial evidence that: 
(a) 
Imposition of a minimum unsuspended term of imprisonment under 
paragraph A will result in substantial injustice to the defendant. In making 
this determination, the court shall consider, among other considerations, 
whether the defendant did not know and reasonably should not have known 
that the victim was less than 18 years of age; 
(b) Failure to impose a minimum unsuspended term of imprisonment under 
paragraph A will not have an adverse effect on public safety; and 
( c) Failure to impose a minimum unsuspended term of imprisonment under 
paragraph A will not appreciably impair the effect of paragraph A in 
deterring others from violating section 1105-A, 1105-B, 1105-C eF_. 1105-D 
or 1118-A; and 
(2) The court finds that: 
(c) The defendant's background, attitude and prospects for rehabilitation and 
the nature of the victim and the offense indicate that imposition of a sentence 
under paragraph A would frustrate the general purposes of sentencing set 
forth in section 1151. 
COMMITTEE AMENDMENT 
(<'b 
~a 
COMMITTEE AMENDMENT" f)" to S.P. 602, L.D. 1541 
If the court imposes a sentence under this paragraph, the court shall state in writing 
its reasons for its findings and for imposing a sentence under this paragraph rather 
than under paragraph A; and 
C. If the court imposes a sentence under paragraph B, the minimum sentence of 
imprisonment, which may not be suspended, is as follows: When the sentencing class 
is Class A, the minimum term of imprisonment is 9 months; when the sentencing is 
Class B, the minimum term of imprisonment is 6 months; and, with the exception of 
trafficking or furnishing marijuana under section 1105-A or 1105-C, when the 
sentencing class is Class C, the minimum term of imprisonment is 3 months.' 
SUMMARY 
This amendment is the minority report of the committee. The amendment raises the 
class of crime for the illegal importation of scheduled drugs for a schedule W drug from a 
Class C crime to a Class B crime if the drug is fentanyl powder or the drug is heroin and 
at the time of the offense the person illegally imports 6 grams or more of heroin or 270 or 
more individual bags, folds, packages, envelopes or containers of any kind containing 
heroin. 
Like the bill, this amendment creates the crime of aggravated illegal importation of a 
scheduled drug; however, the amendment limits the scheduled drugs that may give rise to 
the crime to fentanyl powder and certain amounts of heroin. The aggravating factors 
include a prior drug conviction, using a firearm while committing the offense, having a 
child under 18 years of age assist with the illegal importation and when death is in fact 
caused by the use of the scheduled drug. 
The amendment adds aggravated illegal importation of a scheduled drug to the crimes 
that may result, under certain circumstances, in the forfeiture of firearms. 
The amendment specifies that the minimum sentence of imprisonment is 4 years for a 
violation of the law prohibiting aggravated illegal importation of a scheduled drug. 
FISCALNClfl UQIJIIID 
. ......, 
COMMITTEE AMENDMENT 
., 
Approved: 03/15/16 feac 
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LD 1541 
LR 2284(03) 
An Act To Increase Sentences Imposed for the Illegal Importation of Scheduled Drugs 
Fiscal Note for Bill as Amended by Committee Amendment "6' (S....-~0'1\ 
Committee: Criminal Justice and Public Safety 
) 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes new Class A crimes. 
Increases the class of a crime from a Class C crime to a Class B crime. 
Increases correctional and judicial costs. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
LR2284(03) - Fiscal Note - Page 1 of 1