An Act To Strengthen the Laws Prohibiting Stalking
Maine Legislature, Session 127, LD 0431
Committee Amendment CA_A_S49 (Senate)

COMMITTEE AMENDMENT" A " to S.P. 160, L.D. 431, Bill, "An Act To 
Strengthen the Laws Prohibiting Stalking" 
Amend the bill in section 2 by striking out all of paragraph C (page 1, lines 15 to 27 
in L.D.) and inserting the following: 
'e. The actor violates paragraph A and has ;! one or more prior convictions in this 
State or another jurisdiction. Notwithstanding section 2, subsection 3-B, as used in 
this paragraph, "another jurisdiction" also includes any Indian tribe. 
Violation of this paragraph is a Class C crime. In determining the sentence for a 
violation of this paragraph the court shall impose a sentence of imprisonment by 
using a 2-step process. In the first step the court shall determine a base term of 
imprisonment of one year. In the 2nd step the court shall determine and impose a 
term of imprisonment for the defendant the length of which is appropriate for the 
defendant after consideration of the factors required by section 1252, subsection 5-D 
and aggravating and mitigating factors, including, but not limited to, the character of 
the defendant and the defendant's criminal history, the effect of the offense on the 
victim and the protection ofthe public interest. 
For the purposes of this paragraph, "prior conviction" means a conviction for a 
violation of this section; Title 5, section 4659; Title IS, section 321; former Title 19, 
section 769; Title 19-A, section 4011; Title 22, section 4036; any other temporary, 
emergency, interim or final protective order; an order of a tribal court of the 
Passamaquoddy Tribe or the Penobscot Nation; any similar order issued by any court 
of the United States or of any other state, territory, commonwealth or tribe; or a 
court-approved consent agreement. Section 9-A governs the use of prior convictions 
when determining a sentence~~' 
Amend the bill in section 3 by striking out all of paragraph E (page 1, lines 32 to 35 
in L.D.) and inserting the following: 
'E. 
The actor violates paragraph C and at least one prior conviction was for a 
violation of paragraph D. 
Page I - 127LR0760(02)-1 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A "to S.P. 160, L.D. 431 
Violation of this paragraph is a Class B crime. In determining the sentence for a 
violation of this paragraph the court shall impose a sentence of imprisonment by 
using a 2-step process. In the first step the court shall determine a base term of 
imprisonment of 2 years. In the 2nd step the court shall determine and impose a term 
of imprisonment for the defendant the length of which is appropriate for the 
defendant after consideration of the factors required by section 1252, subsection 5-D 
and aggravating and mitigating factors, including, but not limited to, the character of 
the defendant and the defendant's criminal history, the effect of the offense on the 
victim and the protection of the public interest.' 
SUMMARY 
This amendment replaces the minimum sentence provision in the bill that applies to a 
person convicted of stalking for a 2nd time or more times. The amendment replaces the 
minimum sentence for a 2nd or subsequent conviction of stalking with a requirement that 
the court use a 2-step process, first determining a base term of imprisonment of one year 
and then considering the fact of the stalking and aggravating and mitigating factors, 
including the impact on the victim, when determining the length of the term of 
imprisonment. The amendment replaces the minimum sentence provision in the bill that 
applies to a person convicted of stalking for a 2nd time or more times, when the person 
stalked 2 or more persons of an identifiable group. The amendment requires the court to 
use a 2-step process, first determining a base term of imprisonment of 2 years and then 
considering the fact of the stalking and aggravating and mitigating factors, including the 
impact on the victim, when determining the length of the term of imprisonment. 
FISCAL NOTE REQUlRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/17/15 
::Wa~ 
LD431 
LR 760(02) 
An Act To Strengthen the Laws Prohibiting Stalking 
Fiscal Note for Bill as Amended by Committee Amendment "Pi' (s - '-\~) 
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 
Increases the class of a crime from a Class D crime to a Class C crime. 
Establishes new Class C and Class B crimes, increasing correctional, indigent legal and judicial costs. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Changes in sentencing will increase costs to the Maine Commission on Indigent Legal Services by an average of $638 
per case, with new cases estimated to cost $1,500 per case. The Department of Corrections will also experience 
incan;:eration costs. The average daily cost is $107.71 per prisoner. The total number of individuals charged and 
sentenced in any fiscal year cannot be estimated at this time. 
LR0760(02) - Fi~ca1 Note - Page 1 of 1