An Act To Implement the Recommendations of the Criminal Law Advisory Commission Relative to the Maine Criminal Code and Related Statutes
Maine Legislature, Session 127, LD 1603
Committee Amendment CA_A_H566 (House)
Amends: 15 MRSA §393, 15 MRSA §709, 15 MRSA §712, 15 MRSA §713, 17-A MRSA §210-A, 17-A MRSA §1252, 34-A MRSA §1001, 34-A MRSA §1214, 34-A MRSA §1216, 34-A MRSA §3011

COMMITTEE AMENDMENT "A " to H.P. 1094, L.D. 1603, Bill, "An Act To 
Implement the Recommendations of the Criminal Law Advisory Commission Relative to 
the Maine Criminal Code and Related Statutes" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 15 MRSA §393, sub-§1, as amended by PL 2015, c. 287, §§1 to 3, is 
further amended to read: 
1. Possession prohibited. A person may not own, possess or have under that 
person's control a firearm, unless that person has obtained a permit under this section, if 
that person: 
A-1. 
Has been convicted of committing or found not criminally responsible by 
reason of insanity of committing: 
(1) A crime in this State that is punishable by imprisonment for a term of one 
year or more; 
(2) 
A crime under the laws of the United States that is punishable by 
imprisonment for a term exceeding one year; 
(3) A crime under the laws of any other state that, in accordance with the laws of 
that jurisdiction, is punishable by a term of imprisonment exceeding one year. 
This subparagraph does not include a crime under the laws of another state that is 
classified by the laws of that state as a misdemeanor and is punishable by a term 
of imprisonment of 2 years or less; 
( 4) A crime under the laws of any other state that, in accordance with the laws of 
that jurisdiction, does not come within subparagraph (3) but is elementally 
substantially similar to a crime in this State that is punishable by a term of 
imprisonment for one year or more; or 
COMMITTEE AMENDMENT 
...,...:;.. 
~-~ ~-
;. lo-:..._..;{" 
COMMITTEE AMENDMENT''A" to H.P. 1094, L.D. 1603 
(5) A crime under the laws of the United States, this State or any other state or 
the Passamaquoddy Tribe or Penobscot Nation in a proceeding in which the 
prosecuting authority was required to plead and prove that the person committed 
the crime with the use of: 
(a) A firearm against a person; or 
(b) Any other dangerous weapont~ 
Violation of this paragraph is a Class C crime; 
C. Has been adjudicated in this State or under the laws of the United States or any 
other state to have engaged in conduct as a juvenile that, if committed by an adult, 
would have been a disqualifying conviction: 
(1) Under paragraph A-1, subparagraphs (1) to (4) and bodily injury to another 
person was threatened or resulted; or 
(3) Under paragraph A-1, subparagraph (5k 
Violation of this paragraph is a Class C crime; 
D. 
Is subject to an order of a court of the United States or a state, territory, 
commonwealth or tribe that restrains that person from harassing, stalking or 
threatening an intimate partner, as defined in 18 United States Code, Section 921(a), 
of that person or a child of the intimate partner of that person, or from engaging in 
other conduct that would place the intimate partner in reasonable fear of bodily injury 
to the intimate partner or the child, except that this paragraph applies only to a court 
order that was issued after a hearing for which that person received actual notice and 
at which that person had the opportunity to participate and that: 
(1) Includes a finding that the person represents a credible threat to the physical 
safety of an intimate partner or a child; or 
(2) By its terms, explicitly prohibits the use, attempted use or threatened use of 
physical force against an intimate partner or a child that would reasonably be 
expected to cause bodily injuryt~ 
Violation of this paragraph is a Class D crime: 
E. Has been: 
( 1) Committed involuntarily to a hospital pursuant to an order of the District 
Court under Title 34-B, section 3864 because the person was found to present a 
likelihood of serious harm, as defined under Title 34-B, section 3801, subsection 
4-A, paragraphs A to C; 
(2) Found not criminally responsible by reason of insanity with respect to a 
criminal charge; or 
(3) Found not competent to stand trial with respect to a criminal charge{ 
Violation of this paragraph is a Class D crime; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"A" to H.P. 1094, L.D. 1603 
I 
F. Is a fugitive from justice. For the purposes of this paragraph, "fugitive from 
justice" has the same meaning as in section 201, subsection 4. Violation of this 
paragraph is a Class D crime; 
G. Is an unlawful user of or is addicted to any controlled substance and as a result is 
prohibited from possession of a firearm under 18 United States Code, Section 
922(g)(3). Violation of this paragraph is a Class D crime; 
H. Is an alien who is illegally or unlawfully in the United States or who was admitted 
under a nonimmigrant visa and who is prohibited from possession of a firearm under 
United States Code, Section 922(g)(5). Violation of this paragraph is a Class D 
IO 
crime; 
I. Has been discharged from the United States Armed Forces under dishonorable 
conditions. Violation of this paragraph is a Class D crime; or 
J. 
Has, having been a citizen of the United States, renounced that person's 
citizenship. Violation of this paragraph is a Class D crime. 
For the purposes of this subsection, a person is deemed to have been convicted upon the 
acceptance of a plea of guilty or nolo contendere or a verdict or finding of guilty, or of 
the equivalent in a juvenile case, by a court of competent jurisdiction. 
In the case of a deferred disposition, ooless the person is alleged to have eommitted one 
or more of the offenses listed in seetion Hl23, sal3seetion 4, paragraph B 1, a person is 
deemed to have been convicted when the court imposes the sentence. In the case of a 
deferred disposition for a person alleged to have committed one or more of the offenses 
listed in section 1023, subsection 4, paragraph B-1, that person may not possess a firearm 
eegifllling at the start of during the deferred disposition period. 
Violation of this 
paragraph is a Class C crime. 
For the purposes of this subsection, a person is deemed to have been found not criminally 
responsible by reason of insanity upon the acceptance of a plea of not criminally 
responsible by reason of insanity or a verdict or finding of not criminally responsible by 
reason of insanity, or of the equivalent in a juvenile case, by a court of competent 
jurisdiction. 
Sec. 2. 15 MRSA §393, sub-§1-A, as amended by PL 2015, c. 287, §4, is further 
amended to read: 
1-A. Limited prohibition for nonviolent juvenile offenses. A person who has been 
adjudicated in this State or under the laws of the United States or any other state to have 
engaged in conduct as a juvenile that, if committed by an adult, would have been a 
disqualifying conviction under subsection 1, paragraph A-1 or subsection 1-B, paragraph 
A but is not an adjudication under subsection 1, paragraph C or an adjudication under 
7 
subsection 1-B, paragraph B in which bodily injury to another person was threatened or 
resulted may not own or have in that person's possession or control a firearm for a period 
of 3 years following completion of any disposition imposed or until that person reaches 
years of age, whichever is later. Violation of this subsection by a person at least 18 
years of age is a Class C crime. 
Sec. 3. 15 MRSA §393, sub-§1-B, as enacted by PL 2015, c. 287, §5, is amended 
to read: 
COMMITTEE AMENDMENT 
~----,.. 
COMMITTEEAMENDMENT"A"toH.P.1094,L.D.1603 
1-B. Prohibition for domestic violence offenses. A person may not own, possess 
or have under that person's control a firearm if that person: 
A. Has been convicted of,committing or found not criminally responsible by reason 
of insanity of committing: 
( 1) A Class D crime in this State in violation of Title 17-A, section 207-A, 
209-A, 210-B, 210-C or 211-A; or 
(2) A crime under the laws of the United States or any other state that in 
accordance with the laws of that jurisdiction is elementally substantially similar 
to a crime in subparagraph (1};-eF~ 
Violation of this paragraph is a Class C crime; or 
B. Has been adjudicated in this State or under the laws of the United States or any 
other state to have engaged in conduct as a juvenile that, if committed by an adult, 
would have been a disqualifying conviction under this subsection. Violation of this 
paragraph is a Class C crime. 
Except as provided in subsection 1-A, the prohibition created by this subsection for a 
conviction or adjudication of an offense listed in paragraph A or B expires 5 years from 
the date the person is finally discharged from the sentence imposed as a result of the 
conviction or adjudication if that person has no subsequent criminal convictions during 
that 5-year period. If a person is convicted of a subsequent crime within the 5-year 
period, the 5-year period starts anew from the date of the subsequent conviction. In the 
case of a deferred disposition, the 5-year period begins at the start of the deferred 
disposition period. If, at the conclusion of the deferred disposition period, the court 
grants the State's motion to allow a person to withdraw the plea and the State dismisses 
the pending charging instrument with prejudice, the 5-year period terminates. 
For the purposes of this subsection, a person is deemed to have been convicted or 
adjudicated upon the acceptance of a plea of guilty or nolo contendere or a verdict or 
finding of guilty, or of the equivalent in a juvenile case, by a court of competent 
jurisdiction. 
For the purposes of this subsection, a person is deemed to have been found not criminally 
responsible by reason of insanity upon the acceptance of a plea of not criminally 
responsible by reason of insanity or a verdict or finding of not criminally responsible by 
reason of insanity, or of the equivalent in a juvenile case, by a court of competent 
jurisdiction. 
The provisions of this subsection apply only to a person convicted, adjudicated or placed 
on deferred disposition on or after the effeetive Elate ef Hiis subseetiea October 15, 2015. 
Sec. 4. 15 MRSA §393, sub-§8, as amended by PL 2007, c. 670, §12, is repealed. 
Sec. 5. 15 MRSA §709, sub-§1-A, as amended by PL 2013, c. 267, Pt. B, §5, is 
repealed. 
Sec. 6. 15 MRSA §709, sub-§1-C is enacted to read: 
1-C. Administration of juvenile justice. "Administration of juvenile justice" has 
the same meaning as in section 3308-A, subsection 1, paragraph A. 
'~-%~ 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. I 094, L.D. 1603 
Sec. 7. 15 MRSA §709, sub-§4-B, as amended by PL 2011, c. 507, §3, is further 
amended to read: 
4-B. Jail investigative officer. "Jail investigative officer" means an employee of a 
jail designated by the jail administrator as having the authority to conduct investigations 
of crimes relating to the security or orderly management of the jail and engage in any 
other activity that is related to the administration of criminal justice as defined in Title 16. 
section 703. subsection 1 for the purposes of the Criminal History Record Information 
Act or as defined in Title 16. section 803, subsection 2 for the purposes of the Intelligence 
and Investigative Record Information Act. 
Sec. 8. 15 MRSA §712, sub-§2, as amended by PL 2013, c. 80, §4, is further 
amended to read: 
2. Investigative officers. It is not a violation of this chapter for an investigative 
officer, or for another employee of the Department of Corrections authorized to exercise 
law enforcement powers as described in Title 34-A, section 3011, to intercept, disclose or 
use that communication in the normal course of employment while engaged in any 
activity that is related to the administration of criminal justice 0f as defined in Title 16. 
section 703, subsection 1 for the purposes of the Criminal History Record Information 
Act or as defined in Title 16. section 803. subsection 2 for the purposes of the Intelligence 
and Investigative Record Information Act; while engaged in any activity that is related to 
the administration of juvenile justice; or while engaged in any activity that is related to 
the administration of juvenile criminal justice as defined in seetion 33Q8. sooseetion 7. 
paragraph A, subparagraph (2), if: 
A. Either the sender or receiver of that communication is a person residing in an 
adult or juvenile correctional facility administered by the Department of Corrections; 
and 
B. Notice of the possibility of interception is provided in a way sufficient to make 
the parties to the communication aware of the possibility of interception, which 
includes: 
(1) Providing the resident with a written notification statement; 
(2) Posting written notification next to every telephone at the facility that is 
subject to monitoring; and 
(3) Informing the recipient of a telephone call from the resident by playing a 
recorded warning before the recipient accepts the call. 
This subsection does not authorize any interference with the attorney-client privilege. 
Sec. 9. 15 MRSA §712, sub-§3, as amended by PL 2011, c. 507, §5, is further 
amended to read: 
3. 
Jail investigative officer. 
It is not a violation of this chapter for a jail 
investigative officer, as defined in this chapter, or for a jail employee acting at the 
direction of a jail investigative officer to intercept, disclose or use that communication in 
the normal course of employment while engaged in any activity that is related to the 
administration of criminal justice as defined in Title 16. section 703. subsection 1 for the 
purposes of the Criminal History Record Information Act or as defined in Title 16. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to H.P. 1094, L.D. 1603 
section 803, subsection 2 for the purposes of the Intelligence and Investigative Record 
Information Act if: 
A. Either the sender or the receiver of that communication is a person residing in an 
adult section of the jail; and 
B. Notice of the possibility of interception is provided in a way sufficient to make 
the parties to the communication aware of the possibility of interception, which 
includes: 
(1) Providing the resident with a written notification statement; 
(2) Posting written notification next to every telephone at the jail that is subject 
to monitoring; and 
(3) Informing the recipient of a telephone call from the resident by playing a 
recorded warning before the recipient accepts the call. 
This subsection does not authorize any interference with the attorney-client privilege. 
Sec. 10. 15 MRSA §713, sub-§2, as enacted by PL 2011, c. 507, §7, is amended 
to read: 
2. Contents obtained under this chapter. The contents of an interception of any 
oral communication or wire communication that has been legally obtained pursuant to 
section 712, subsection 2 or 3 are admissible in the courts of this State, subject to the 
Maine Rules of Evidence, if related to the administration of criminal justice eF as defined 
in Title 16, section 703, subsection 1 for the purposes of the Criminal History Record 
Information Act or as defined in Title 16, section 803, subsection 2 for the purposes of 
the Intelligence and Investigative Record Information Act: the administration of juvenile 
justice; the administration of juvenile criminal justice~ or the statutory functions of a state 
agency. 
Sec. 11. 17-A MRSA §210-A, sub-§1, ,re, as amended by PL 2015, c. 357, §2, 
is further amended to read: 
C. 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 seateaoe af imprisanmeat ey 
usiag a 2 step praoess. HI: the first step the oaurt shall determiae a ease tefffl af 
imprisanmeat af aae year. IH the 2ad step the oawt shall detefffliRe and impase a 
tefffl af imprisaRHleRt far the defeadaat the leagth af whioh is apprapriate far the 
5 
defeadaRt after oaasideratiaa af the faotars reE}Uired ey seotiaa 1252, suaseotiaa 5 D 
and aggravatiag aad fflitigatiag faotars, iaoludiftg, eut Rat limited ta, the oharaoter af 
the defeadaat and the defeadaat's orimiaal hlstary, the effeot af the affease ea the 
viotim and the prateotiaa af the puelio iaterest sentencing alternative pursuant to 
section 1152 that includes a term of imprisonment. In determining the basic term of 
imprisonment as the first step in the sentencing process, the court shall select a term 
of at least one year. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"A "to H.P. 1094, L.D. 1603 
For the purposes of this paragraph, "prior conviction" means a conviction for a 
violation of this section; Title 5, section 4659; Title 15, 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; 
Sec. 12. 17-A MRSA §210-A, sub-§1, ~' as enacted by PL 2015, c. 357, §3, is 
amended to read: 
E. 
The actor violates paragraph C and at least one prior conviction was for a 
violation of paragraph D. 
Violation of this paragraph is a Class B crime. In determining the sentence for a 
violation of this paragraph the court shall impose a sentenee of imprisonment by 
1;1sing a 2 step proeess. In the fH·st step the eol:lli shall determine a base term of 
iffif)risorunent of 2 years. In the 2nd step the eol:lli shall determine aad iffif)ose a term 
7 
of imprisonment for the defendant the length of whieh is appropriate for the 
defendant after eonsideration of the faetors re<¥1ired by seetion 1252, sl::tbseetion 5 D 
and aggravating and mitigating faetors, inelttding, bttt not limited to, the eharaeter of 
the defendant aad the defendaat's eriminal history, the effeet of the offense on the 
vietim aad the proteetion of the pl::tblio interest sentencing alternative pursuant to 
section 1152 that includes a term of imprisonment. In determining the basic term of 
imprisonment as the first step in the sentencing process, the court shall select a term 
of at least 2 years. 
Sec. 13. 17-A MRSA §1252, sub-§4-A, as amended by PL 2007, c. 476, §45, is 
further amended to read: 
4-A. If the State pleads and proves that, at the time any crime, excluding murder, 
under chapter 9, 11, 13 or 27; section 402-A, subsection 1, paragraph A; or section 752-A 
or 752-C was committed, or an attempt of any such crime was committed, the defendant 
had 2 or more prior convictions under chapter 9, 11, 13 or 27; section 402-A, subsection 
1, paragraph A; or section 752-A or 752-C, or for an attempt of any such crime, or for 
engaging in substantially similar conduct in another jurisdiction, the sentencing class for 
the crime is one class higher than it would otherwise be. In the case of a Class A crime, 
the sentencing class is not increased, but the prior record must be given serious 
consideration by the court when imposing a sentence. Section 9-A governs the use of 
prior convictions when determining a sentence, except that, for the purposes of this 
subsection, for violations under chapter 11, the dates of prior convictions may have 
occurred at any time. This subsection does not apply to section 210-A if the prior 
convictions have already served to enhance the sentencing class under section 210-A, 
subsection 1, paragraph C or any other offense in which prior convictions have already 
served to enhance the sentencing class. 
Sec. 14. 34-A MRSA §1001, sub-§10-A, as amended by PL 2013, c. 80, §5, is 
further amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 1094, L.D. 1603 
10-A. 
Investigative officer. 
"Investigative officer" means an employee of the 
department designated by the commissioner as having the authority to conduct 
investigations of crimes or juvenile crimes relating to the security or orderly management 
of a facility administered by the department and engage in any other activity that is 
related to the administration of criminal justice 0f as defined in Title 16, section 703, 
subsection 1 for the purposes of the Criminal History Record Information Act or as 
defined in Title 16, section 803, subsection 2 for the purposes of the Intelligence and 
Investigative Record Information Act, the administration of juvenile criminal justice as 
defined in Title 15, seetion 3308, subseetion 7, paragraph A, subparagraph (2) or the 
administration of juvenile justice and who is certified by the Board of Trustees of the 
Maine Criminal Justice Academy as a full-time law enforcement officer. 
Sec. 15. 34-A MRSA §1001, sub-§19, as amended by PL 2013, c. 267, Pt. B, 
§26, is repealed. 
Sec. 16. 34-A MRSA §1001, sub-§22 is enacted to read: 
22. Administration of juvenile justice. "Administration of juvenile justice" has the 
same meaning as in Title 15, section 3308-A, subsection 1, paragraph A. 
Sec. 17. 34-A MRSA §1214, sub-§4, as enacted by PL 2001, c. 439, Pt. G, §1, is 
amended to read: 
4. Confidentiality. Requests for action by the office must be treated confidentially 
and may be disclosed only to a state agency if necessary to carry out the statutory 
functions of that agency or to a criminal justice agency if necessary to carry out the 
administration of criminal justice as defined in Title 16, section 703. subsection 1 or the 
administration of juvenile criminal justice. In no case may a victim's request for notice of 
release be disclosed outside the department and the office of the attorney for the State 
with which the request was filed. 
Sec. 18. 34-A MRSA §1216, sub-§1, ~' as repealed and replaced by PL 2013, 
c. 588, Pt. A, §44, is amended to read: 
D. To any criminal justice agency if necessary to carry out the administration of 
criminal justice as defined in Title 16, section 703, subsection 1 or the administration 
of juvenile criminal justice or for criminal justice agency employment; 
Sec. 19. 34-A MRSA §3011, sub-§1, as amended by PL 2013, c. 80, §6, is 
further amended to read: 
1. Exercise of law enforcement powers. Investigative officers and other employees 
of the department who are certified by the Board of Trustees of the Maine Criminal 
Justice Academy as law enforcement officers may exercise the powers of other law 
enforcement officers with respect to crimes or juvenile crimes relating to the security or 
orderly management of a facility and engage in any other activity that is related to the 
administration of criminal justice 0f as defined in Title 16. section 703. subsection I for 
the purposes of the Criminal History Record Information Act or as defined in Title 16. 
section 803, subsection 2 for the purposes of the Intelligence and Investigative Record 
Information Act. the administration of juvenile criminal justice as defined in Title 15 
seetion 3308, subseetion 7, paragraph A, st10paragraph (2) or the administration of 
juvenile justice, if authorized to exercise these powers by the commissioner. These 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'A" to H.P. 1094, L.D. 1603 
employees may issue administrative subpoenas, if authorized to exercise these powers by 
the commissioner and by the Attorney General or the Attorney General's designee. These 
powers are in addition to any powers the employees may otherwise have as employees of 
the department. 
Internal investigations of employees of the department must be 
conducted pursuant to any applicable collective bargaining agreement.' 
SUMMARY 
This amendment strikes the bill and does the following. 
1. The amendment designates the classes of crime in the subsections or paragraphs of 
the Maine Revised Statutes, Title 15, section 393 on prohibited possession of firearms to 
conform to the Maine Criminal Code drafting standards. The amendment repeals the 
subsection that does not conform to current drafting standards. 
2. Like the bill, the amendment terminates the 5-year period of prohibited possession 
of firearms when charges of violating the prohibition for domestic violence offenses are 
dismissed at the end of a period of deferred disposition. 
3. Like the bill, the amendment defines or standardizes the use of certain terms and 
references to those terms in the laws governing interception of wire and oral 
communications to reference actions taken under the Criminal History Record 
Information Act and the Intelligence and Investigative Record Information Act; the 
amendment also makes these changes in the laws governing the Department of 
Corrections. 
4. 
Like the bill, the amendment amends the Class C sentencing provision for a 
person convicted of stalking who has one or more prior convictions to clarify that 
although the court continues to have discretion to impose any other authorized sentencing 
alternative, the court is required to impose a sentencing alternative that includes a term of 
imprisonment of at least one year. 
5. 
Like the bill, the amendment amends the Class B sentencing provision for a 
person convicted of stalking who has one or more prior convictions, at least one of which 
was for stalking 2 or more specific persons that are members of an identifiable group, to 
require the court in determining the basic term of imprisonment as the first step in the 
sentencing process to select a term of at least 2 years. 
6. Like the bill, the amendment strikes redundant provisions requiring the court, in 
imposing a sentencing alternative for the crime of stalking, to consider whether the victim 
was being stalked by the person being sentenced. 
Current law provides that for the purpose of imposing a sentence for certain crimes, if 
the defendant has 2 or more convictions for those crimes, the sentencing class for the 
crime is one class higher. Like the bill, the amendment provides that an attempt to 
commit such crimes also results in a higher sentencing class. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/07/16 
,;:k,ac:.. 
LD 1603 
LR2588(02) 
An Act To Implement the Recommendations of the Criminal Law Advisory Commission Relative to 
the Maine Criminal Code and Related Statutes 
Fiscal Note for Bill as Amended by Committee Amendment ;ti' { Ji-5~} 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Potential future biennium cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Increases the class of certain crimes if the person has 2 prior convictions. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
LR2588(02) - Fiscal Note - Page 1 of 1