An Act To Protect Individuals from Breaches of Trust by Clergy Members
Maine Legislature, Session 127, LD 0566
Committee Amendment CA_A_H111 (House)
Amends: 17-A MRSA §251, 17-A MRSA §253, 17-A MRSA §255-A, 17-A MRSA §260, 34-A MRSA §11272

COMMITTEE AMENDMENT "fl' to H.P. 390, L.D. 566, Bill, "An Act To 
Protect Individuals from Breaches of Trust by Clergy Members" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
," '.' , 
::1)"', 
'Sec. 1. 17-A MRSA §251, sub-§l, ~ 
isen;;tecl to read: 
'. 'In~"-
. 
H. "Domestic partner" means one of 2 unmarried adults who are domiciled together 
under a long-term arrangement that evidences a commitment to remain responsible 
indefinitely for each other's welfare. 
Sec. 2. 17-A MRSA §253, sub-§2, ~~K and L, as enacted by PL 2011, c. 423, 
§3, are amended to read: 
K. 
The actor owns, operates or is an employee of an organization, program or 
residence that is operated, administered, licensed or funded by the Department of 
Health and Human Services and the other person, not the actor's spouse, receives 
services from the organization, program or residence and suffers from a mental 
disability that is reasonably apparent or known to the actor. 
Violation of this 
paragraph is a Class C crime; ef 
L. The. .. ,'actor is employed to provide care to a dependent person, who is not the 
actor's~p6use,pr domestic partner and who is unable to perform self-care because of 
advanceda~~or physical or mental disease, disorder or defect. For the pUifloses of 
this paragraph, "domestio partners" means 2 unmarried adults 'i't'ho are domioiled 
together under a long term arrangement that evideHoes a commitment to remain 
responsible indefinitely for eaoh other's welfare, Violation of this paragraph is a 
Class C crime~~ 
Sec.3. 17-A MRSA §253, sub-§2, ~ 
is enacted to read: 
M. The actor is a member of the clergy or pumorts to be a member of the clergy, 
including a priest, rabbi, Christian Science healer, imam or minister of any religious 
denomination, and is in a position of trust or authority over the other person and uses 
COMMITTEE AMENDMENT 
ROFS 
COMMITTEE AMENDMENT "A" to H.P. 390, L.D. 566 
the actor's position of trust or authority to engage in the sexual act and the other 
person is not the actor's spouse or domestic partner. Violation of this paragraph is a 
Class C crime. 
Sec. 4. 17-A MRSA §255-A, sub-§l, ~~ and X, as enacted by PL 2011, c. 
423, §6, are amended to read: 
W. The actor is employed to provide care to a dependent person, who is not the 
actor's spouse or domestic partner and who is unable to perform self-care because of 
advanced age or physical or mental disease, disorder or defect. For the purposes of 
this paragraph, "domestic partners" means 2 unmarried adults '""ho are domiciled 
together under a long term arrangement that evidences a commitment to remain 
responsible indefinitely for each other's 'tvelfare. Violation of this paragraph is a 
Class D crime; 6f 
X. The actor is employed to provide care to a dependent person, who is not the 
actor's spouse or domestic partner and who is unable to perform self-care because of 
advanced age or physical or mental disease, disorder or defect and the sexual contact 
includes penetration. For the purposes of this paragraph, "domestic partners" means 
unmarried adults v/ho are domiciled together under a long term arrangement that 
evidences a commitment to remain responsible indefinitely for each other's welfare. 
Violation of this paragraph is a Class C crime7~ 
Sec. 5. 17-A MRSA §255-A, sub-§l, ,~ and Z are enacted to read: 
Y. The actor is a member of the clergy or purports to be a member of the clergy, 
including a priest, rabbi, Christian Science healer, imam or minister of any religious 
denomination, and is in a position of trust or authority over the other person and uses 
the actor's position of trust or authority to engage in the sexual contact and the other 
person is not the actor's spouse or domestic partner. Violation of this paragraph is a 
Class D crime; or 
Z. The actor is a member of the clergy or purports to be a member of the clergy, 
including a priest, rabbi, Christian Science healer, imam or minister of any religious 
denomination, and is in a position of trust or authority over the other person and uses 
the actor's position of trust or authority to engage in the sexual contact and the other 
person is not the actor's spouse or domestic partner and the sexual contact includes 
penetration. Violation of this paragraph is a Class C crime. 
Sec. 6. 17-A MRSA §260, sub-§~, ~~ and M, as enacted by PL 2011, c. 423, 
§9, are amended to read: 
L. 
The actor owns, operates or is an employee of an organization, program or 
residence that is operated, administered, licensed or funded by the Department of 
Health and Human Services and the other person, not the actor's spouse, receives 
services from the organization, program or residence and suffers from a mental 
disability that is reasonably apparent or known to the actor. 
Violation of this 
paragraph is a Class D crime; 6f 
M. The actor is employed to provide care to a dependent person, who is not the 
actor's spouse or domestic partner and who is unable to perform self-care because of 
advanced age or physical or mental disease, disorder or defect. For the purposes of 
COMMITTEE AMENDMENT 
ROFS 
COMMITTEE AMENDMENT "H" to H.P. 390, L.D. 566 
this paragraph, "domestic pminers" means 2 unmarried adults who aro domiciled 
together under a long term arrangement that evidences a commitment to remain 
responsible indefinitely for each other's '.velfare. Violation of this paragraph is a 
Class D crime7~ 
Sec. 7. 17-A MRSA §260, sub-§l, ~ 
is enacted to read: 
N. The actor is a member of the clergy or purports to be a member of the clergy, 
including a priest, rabbi, Christian Science healer, imam or minister of any religious 
denomination, and is in a position of trust or authority over the other person and uses 
the actor's position of trust or authority to engage in the sexual touching and the other 
person is not the actor's spouse or domestic partner. Violation of this paragraph is a 
Class D crime. 
Sec. 8. 34-A MRSA §11272, sub-§2, ~B, as enacted by PL 2011, c. 663, §3, is 
amended to read: 
B. For an offense that contains the essential elements of a Tier I offense, Tier II 
offense or Tier III offense in effect at the time the criminal conduct occurred; or' 
SUMMARY 
This amendment replaces the bill and makes it unlawful for a member of the clergy 
who is in a. position of trust or authority over another person to use that clergy's position 
of trust or authority to engage in a sexual act, sexual contact or sexual touching with the 
other person. 
It also places the current definition of "domestic partner" under the 
definition section of the Maine Revised Statutes, Title 17 -A, chapter 11 and deletes 
repetitive definitions of "domestic partner" found throughout the chapter. 
This 
amendment clarifies that the Sex Offender Registration and Notification Act of 2013 
applies only prospectively, including with respect to offenses in other jurisdictions. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/06/15 
;:Wac 
LD 566 
LR 1200(02) 
An Act To Protect Individuals from Breaches of Trust by Clergy Members 
Fiscal Note for Bill as Amended by Committee Amendment 'n' elf-III) 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes new Class C and D crimes, increases correctional and judicial costs. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
LR1200(02) - Fiscal Note - Page 1 of 1