An Act To Recodify and Revise Certain Portions of the Maine Criminal Code
Maine Legislature, Session 128, LD 0374
Committee Amendment CA_A_H223 (House)
Amends: 17-A MRSA §6, 7 MRSA §616-A, 7 MRSA §3952, 9-B MRSA §466, 10 MRSA §1174, 10 MRSA §1243, 10 MRSA §1434, 10 MRSA §1434-A, 12 MRSA §6004, 12 MRSA §6073, 12 MRSA §6432, 12 MRSA §6436, 12 MRSA §6952-A, 12 MRSA §6957, 12 MRSA §8004, 12 MRSA §9321, 12 MRSA §9601, 12 MRSA §10608, 12 MRSA §12509, 12 MRSA §12510, 12 MRSA §12511, 12 MRSA §12512, 12 MRSA §13157-A, 13 MRSA §1035, 14 MRSA §158-B, 14 MRSA §752-E, 14 MRSA §5602, 15 MRSA §224-A, 15 MRSA §812, 15 MRSA §1004, 15 MRSA §1023, 15 MRSA §1094, 15 MRSA §1105, 15 MRSA §1707, 15 MRSA §2121, 15 MRSA §2124, 15 MRSA §2137, 15 MRSA §2151, 15 MRSA §2252, 15 MRSA §3007, 15 MRSA §3312, 15 MRSA §3314, 15 MRSA §3314-A, 15 MRSA §5821, 15 MRSA §6101, 17 MRSA §1031, 17 MRSA §2512, 17-A MRSA §8, 17-A MRSA §152-A, 17-A MRSA §210-A, 17-A MRSA §401, 17-A MRSA §755, 17-A MRSA §853-A, 19-A MRSA §2152, 19-A MRSA §4002, 22 MRSA §4008, 25 MRSA §3503-A, 27 MRSA §375, 28-A MRSA §2081, 28-A MRSA §2088, 28-A MRSA §2089, 29-A MRSA §115, 29-A MRSA §2054, 29-A MRSA §2308, 30-A MRSA §1557-B, 30-A MRSA §1605, 30-A MRSA §1606, 30-A MRSA §1659-A, 30-A MRSA §3972, 32 MRSA §11304, 32 MRSA §13731, 32 MRSA §15223, 34-A MRSA §3032, 34-A MRSA §3035, 34-A MRSA §3036-A, 34-A MRSA §3042, 34-A MRSA §3047, 34-A MRSA §3061, 34-A MRSA §3063-C, 34-A MRSA §3802, 34-A MRSA §4102-A, 34-A MRSA §5001, 34-A MRSA §5211, 34-A MRSA §9603, 34-A MRSA §9604, 34-A MRSA §9605, 34-A MRSA §11273, 34-B MRSA §1203-A, 34-B MRSA §1220, 36 MRSA §112-A, 36 MRSA §5276-A, 37-B MRSA §806, 38 MRSA §344-A, 38 MRSA §349, 38 MRSA §1316-M, 38 MRSA §1319-T

COMMITTEE AMENDMENT "Y.}" to H.P. 280, L.D. 374, Bill, "An Act To 
Recodify and Revise Certain Portions of the Maine Criminal Code" 
Amend the bill by inserting after the title and before the enacting clause the 
following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, since the Maine Criminal Code became effective on May 1, 1976, Part 3, 
addressing punishments, has undergone extensive additions and amendments, each of 
which was done separately and without reorganization of content; and 
Whereas, the proposed recodification and revision of Patt 3 of the Maine Criminal 
Code that is contained in this legislation will greatly assist prosecutors, defense attorneys, 
advocates and judges in their daily work within the criminal justice system; and 
Whereas, emergency enactment of this legislation is critical to enable the 
Legislature to consider this recodifi~ation and revision when enacting other legislation 
during the First Regular Session of the 128th Legislature; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,' 
Amend the bill in Part A in section 2 in the first line (page 1, line 4 in L.D.) by 
striking out the following: "Pt. 6 is" and inserting the following: 'Pts. 6 and 7 are' 
0 
Amend the bill in Part A in section 2 in § 1602 in subsection 1 in paragraph B in the 
first line (page 6, line 5 in L.D.) by striking out the following: "period" and insetting the 
following: 'term' 
Amend the bill in Part A in section 2 in § 1602 in subsection 1 in paragraph C in the 
first line (page 6, line 10 in L.D.) by striking out the following: "period" and inserting the 
following: 'term' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'ii "to H.P. 280, L.D. 374 
Amend the bill in Part A in section 2 in § 1602 in subsection 3 in the last line (page 6, 
line 24 in L.D.) by striking out the following: "period" and inserting the following: 'tenn' 
Amend the bill in Part A in section 2 in § 1604 in subsection 1 in paragraph D in the 
first line (page 7, line 8 in L.D.) by inserting after the following: "crime," the following: 
'less than' 
Amend the bill in Part A in section 2 in § 1604 in subsection 2 in paragraph B in the 
2nd line (page 7, line 16 in L.D.) by striking out the following: "period" and inserting the 
following: 'term' 
Amend the bill in Part A in section 2 in § 1604 in subsection 7 in paragraph A in the 
8th line (page 9, line 13 in L.D.) by striking out the following: "period" and inse1iing the 
following: 'tenn' 
Amend the bill in Part A in section 2 in § 1604 in subsection 7 in paragraph B in the 
8th line (page 9, line 27 in L.D.) by striking out the following: "period" and insetiing the 
following: 'term' 
Amend the bill in Part A in section 2 in § 1604 in subsection 7 in paragraph C in the 
7th line (page 9, line 41 in L.D.) by striking out the following: "period" and inserting the 
following: 'term' 
Amend the bill in Pa1i A in section 2 in § 1608 by striking out all of subsection 4 
(page 11, lines 16 to 23 in L.D.) and insetiing the following: 
'4. When new sentence is to be served consecutively for individual on probation, 
administrative release or supervised release. If an individual has been placed on 
probation, administrative release or supervised release pursuant to a previously imposed 
sentence and the cotni dete1mines that the previously imposed sentence and a new 
sentence must be served consecutively, the comi shall revoke probation or administrative 
release pursuant to section 1812, subsections 5 and 6 or te1minate supervised release 
pursuant to section 1881, subsection 6. The comi may order that the sentence that had 
been suspended be served at the same institution as that which is specified by the new 
sentence.' 
Amend the bill in Part A in section 2 in § 1608 in subsection 7 in the 5th line (page 
12, line 5 in L.D.) by striking out the following: "8 and" and insetiing the following: '~' 
Amend the bill in Pati A in section 2 in § 1608 in subsection 7 in the 6th line (page 
12, line 6 in L.D.) by inserting after the following: "subsection 12" the following: 
'., 
section 1852, subsection 5 and section 1881, subsection 6' 
Amend the bill in Pati A in section 2 in § 1610 in subsection 3 in the 2nd line from the 
end (page 13, line 6 in L.D.) by inserting after the following: "administrative release" the 
following: 'involving imprisonment in a county jail' 
7 
Amend the bill in Pati A in section 2 in § 1706 in subsection 1 in the first paragraph in 
8 
the 5th line from the end (page 15, line 18 in L.D.) by striking out the following: ".m: 
trial" 
Amend the bill in Part A in section 2 in § 1751 in subsection 5 in the blocked 
paragraph in the 6th line (page 19, line 38 in L.D.) by striking out the following: "1205" 
and insetiing the following: 'llll' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"~ "to H.P. 280, L.D. 374 
Amend the bill in Pati A in section 2 in § 1804 in subsection 12 in the first line (page 
25, line 40 in L.D.) by striking out the following: "Any court authorized to terminate" 
and insetting the following: 'Termination of 
Amend the bill in Part A in section 2 in § 1804 in subsection 12 in the 3rd line (page 
25, line 42 in L.D.) by striking out the following: "may" and insetting the following: 
'shall' 
Amend the bill in Pati A in section 2 in § 1805 in subsection 1 in paragraph A in the 
first line (page 26, line 12 in L.D.) by striking out the following: "from the" and inserting 
the following: 'from an' 
Amend the bill in Part A in section 2 in § 1811 in subsection 5 in the 3rd line (page 
32, line 28 in L.D.) by striking out the following: 
"subsection 2" and inserting the 
following: 'subsection 2-A' 
Amend the bill in Pati A in section 2 in § 1812 in subsection 9 in the 2nd line (page 
34, line 27 in L.D.) by inserting after the following: "correctional facility" the following: 
', mental health institute' 
Amend the bill in Patt A in section 2 in § 1812 in subsection 10 in the last line (page 
34, line 41 in L.D.) by inserting after the following: "subsection 1" the following: 
'.1 
paragraph D' 
Amend the bill in Pati A in section 2 in § 1814 in subsection 2 in the first paragraph in 
the first line (page 35, line 27 in L.D.) by inse1iing after the following: "correctional 
facility" the following: 'or county jail' 
Amend the bill in Patt A in section 2 in § 1852 in subsection 5 in the 2nd line (page 
36, line 36 in L.D.) by striking out the following: "may" and insetting the following: 
'shall' 
Amend the bill in Pa1i A in section 2 in § 1881 in subsection 6 in the 2nd line (page 
40, line 7 in L.D.) by striking out the following: "may" and insetting the following: 
'shall' 
Amend the bill in Part A in section 2 in §2303 in subsection 1 in the 4th line (page 
62, line 23 in L.D.) by insetting after the following: "Corrections" the following: 'or the 
commissioner's designee' 
Amend the bill in Part A in section 2 in §2306 in subsection 2 in the 2nd line (page 
64, line 35 in L.D.) by insetting after the following: "correctional facility" the following: 
', mental health institute' 
Amend the bill in Pati A in section 2 in §2307 in subsection 6 in the 5th line (page 
66, line 36 in L.D.) by striking out the following: "warranted by the" and inse1iing the 
following: 'warranted in the discretion of the' 
Amend the bill in Part A in section 2 in §2308 in subsection 2 in the first paragraph in 
the 7th line (page 67, line 33 in L.D.) by striking out the following: "warranted by the" 
and insetting the following: 'warranted in the discretion of the' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 280, L.D. 374 
Amend the bill in Patt A in section 2 in §2308 in subsection 4 in the last line (page 
68, line 14 in L.D.) by striking out the following: "wal1'anted by the" and inse1ting the 
following: 'warranted in the discretion of the' 
Amend the bill in Pait A in section 2 in §2309 in subsection 4 in the last line (page 
69, line 24 in L.D.) by striking out the following: "warranted by the" and insetting the 
following: 'wal1'anted in the discretion of the' 
Amend the bill in Part A in section 2 in §2310 in subsection 5 in the 4th line (page 
71, line 17 in L.D.) by striking out the following: "determined by" and insetting the 
following: 'determined in the discretion of 
Amend the bill in Patt A in section 2 in §2310 in subsection 6 in the 8th line (page 
71, line 26 in L.D.) by striking out the following: "deductions by the" and insetting the 
following: 'deductions in the discretion of the' 
Amend the bill in Patt A in section 2 in §2310 in subsection 7 in the first paragraph in 
the 11th line (page 72, line 7 in L.D.) by striking out the following: "deductions by the" 
and insetting the following: 'deductions in the discretion of the' 
Amend the bill in Part A in section 2 in §2313 in the first line (page 73, line 34 in 
L.D.) by inse1ting after the following: "Deductions" the following: 'relative to parole 
eligibility' 
Amend the bill in Part B by insetting after section 6 the following: 
'Sec. B-7. 17-A MRSA §6, sub-§1, as amended by PL 1989, c. 502, Pt. D, §9, is 
fmther amended to read: 
1. 
The provisions of Patts 1 ~, 6 and 7 and chapter 7 are applicable to crimes 
defined outside this code, unless the context of the statute defining the crime clearly 
requires otherwise.' 
Amend the bill in Part B in section 14 in § 1125 in subsection 1 in the 2nd line (page 
77, line 39 in L.D.) by insetting after the following: "and 3," the following: 'for a person 
convicted of violating section 1105-A, 1105-B, 1105-C, 1105-D or 1118-A' 
Amend the bill by striking out all of Patt C and inserting the following: 
'PART C 
Sec. C-1. 7 MRSA §616-A, sub-§2-A, as enacted by PL 2003, c. 452, Pt. B, §7 
and affected by Pt. X, §2, is amended to read: 
2-A. Criminal violation. A person may not intentionally or knowingly violate this 
subchapter or Title 22, chapter 258-A, a rule adopted under this subchapter or Title 22, 
chapter 258-A or a restriction of a registration issued pursuant to this subchapter. A 
person who violates this subsection commits a Class E crime. Notwithstanding Title 
17-A, sections 1252 and 1301 section 1604, subsection 1 and sections 1704 and 1705, the 
7 
court may impose a sentencing alternative of a fine of not more than $7,500 or a tenn of 
imprisonment of not more than 30 days, or both, for each violation. Prosecution under 
this subsection is by summons and not by warrant. A prosecution under this subsection is 
separate from an action brought pursuant to subsection 2. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"~" to H.P. 280, L.D. 374 
Sec. C-2. 7 MRSA §3952, sub-§1, as amended by PL 2011, c. 82, §1, is further 
amended to read: 
1. Procedure. Any person who is assaulted or threatened with imminent bodily 
injury by a dog or any person witnessing an assault or threatened assault against a person 
or domesticated animal or a person with knowledge of an assault or threatened assault 
against a minor, within 30 days of the assault or threatened assault, may make written 
complaint to the sheriff, local law enforcement officer or animal control officer that the 
dog is a dangerous dog. For the purposes of this chapter, "domesticated animal" includes, 
but is not limited to, livestock as defined in section 3907, subsection 18-A. 
IO 
Upon investigation of the complaint, the sheriff, local law enforcement officer or animal 
control officer may issue a civil violation summons for keeping a dangerous dog. 
If, upon hearing, the court finds that the dog is a dangerous dog as defined in section 
3907, subsection 12-D, the court shall impose a fine and shall: 
A. Order the dog confined in a secure enclosure except as provided in paragraph C or 
subsection 8. For the purposes of this paragraph, "secure enclosure" means a fence or 
structure of at least 6 feet in height forming or making an enclosure suitable to 
prevent the entry of young children and suitable to confine a dangerous dog in 
conjunction with other measures that may be taken by the owner or keeper, such as 
tethering the dangerous dog. The secure enclosure must be locked, be designed with 
secure top, bottom and sides and be designed to prevent the animal from escaping 
from the enclosure. The court shall specify the length of the period of confinement 
and may order permanent confinement; 
B. Order the dog to be euthanized if it has killed, maimed or inflicted serious bodily 
injury upon a person or has a history of a prior assault or a prior finding by the court 
of being a dangerous dog; or 
C. Order the dog to be securely muzzled, restricted by a tether not more than 3 feet 
in length with a minimum tensile strength of 300 pounds and under the direct control 
of the dog's owner or keeper whenever the dog is off the owner's or keeper's 
premises. 
The court may order restitution in accordance with Title 17-A, chapter M 69 for any 
1 
damages inflicted upon a person or a person's property. 
Sec. C-3. 9-B MRSA §466, sub-§11, 1A, as amended by PL 2003, c. 452, Pt. D, 
§ 1 and affected by Pt. X, §2, is futther amended to read: 
A. A person responsible for an act or omission expressly declared to be a criminal 
offense by statutes pertaining to the supervision of financial institutions and for 
which no other penalty has been provided by statute commits a Class E crime, except 
7 
notwithstanding Title 17-A, section HO+ 1704, a fine of not more than $5,000 may 
8 
be imposed upon a natural person an individual. 
Sec. C-4. 10 MRSA §1174, sub-§3, ~' as amended by PL 1995, c. 65, Pt. A, 
§ 15 and affected by § 153 and Pt. C, § 15, is further amended to read: 
R. To cancel, tenninate, fail to renew or refuse to continue any franchise relationship 
with a licensed new motor vehicle dealer, notwithstanding the te1ms, provisions or 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A 
"to H.P. 280, L.D. 374 
conditions of any agreement or franchise or the terms or provisions of any waiver, 
without first furnishing notification of the termination to the new motor vehicle 
dealer as follows: 
( l) Notification under this paragraph shalt must be in writing, shalt must be by 
ce1tified mail or personally delivered to the new motor vehicle dealer and shalt 
must contain: 
(a) A statement of intention to terminate the franchise, cancel the franchise 
or not to renew the franchise; 
(b) 
A statement of the reasons for the termination, cancellation or 
nonrenewal; and 
( c) The date on which the termination, .cancellation or nonrenewal takes 
effect; 
(2) The notice described in this paragraph sha+l may not be less than 90 days 
prior to the effective date of the termination, cancellation or nonrenewal; or 
(3) The notice described in this paragraph sha+l may not be less than 15 days 
prior to the effective date of the termination, cancellation or nonrenewal with 
7 
respect to any of the following: 
(a) Insolvency of the new motor vehicle dealer, or filing of any petition by or 
against the new motor vehicle dealer under any bankruptcy or receivership 
receivership law; 
(b) The business operations of the franchised motor vehicle dealer have been 
abandoned or closed for 7 consecutive business days unless the closing is due 
to an act of God, strike or labor difficulty; 
(c) Conviction of or plea of nolo contendere of a franchised motor vehicle 
dealer, or one of its principal owners, of any Class A, B or C crime, as 
defined in the Maine Criminal Code, Title 17-A, in which a sentence of 
imprisonment of one year or more is imposed under Title 17-A, sections 
~ 
1603 and~ 1604; or 
( d) Revocation of the franchised motor vehicle dealer's license pursuant to 
Title 29-A, section 903; 
Sec. C-5. 10 MRSA §1243, sub-§3, 1Q, as enacted by PL 1997, c. 473, §3, is 
amended to read: 
Q. To cancel, terminate, fail to renew or refuse to continue any franchise relationship 
with a licensed new personal sports mobile dealer, notwithstanding the terms, 
provisions or conditions of any agreement or franchise or the terms or provisions of 
any waiver, without first providing notification of the termination, cancellation, 
7 
nonrenewal or noncontinuance to the new personal sports mobile dealer as follows: 
8 
(1) Notification under this paragraph must be in writing and must be delivered 
personally or by ce1tified mail to the new personal spmts mobile dealer and must 
contain: 
COMMITTEE AMENDMENT 
COMMI1TEE AMENDMENT" A 
"to H.P. 280, L.D. 374 
(a) A statement of intention to terminate, cancel, not continue or not renew 
the franchise; 
(b) A 
statement of the reasons for the termination, cancellation, 
noncontinuance or nonrenewal; and 
( c) The date on which the termination, cancellation, noncontinuance or 
nonrenewal takes effect; 
(2) The notice required in this paragraph may not be given less than 90 days prior 
to the effective date of the termination, cancellation, noncontinuance or 
nonrenewal, except as provided in subparagraph (3 ); or 
(3) The notice required in this paragraph may not be given less than 15 days prior 
to the effective date of the termination, cancellation, noncontinuance or 
nonrenewal with respect to any of the following: 
(a) Insolvency of the new personal sports mobile dealer or filing of any 
petition by or against the new personal sports mobile dealer under any 
bankruptcy or receivership law; 
(b) The business operations of the personal sports mobile dealer have been 
7 
abandoned or closed for 14 consecutive business days unless the closing is 
due to an act of God, strike or labor difficulty; or 
( c) Conviction of or plea of nolo contendere of a personal sp01is mobile 
dealer or one of its principal owners of any Class A, Class B or Class C 
crime, as defined in Title 17-A, in which a sentence of imprisonment of one 
year or more is imposed under Title 17-A, sections ~ 
1603 and ~ 
1604; or 
Sec. C-6. 10 MRSA §1434, sub-§3, 1Q, as enacted by PL 1997, c. 427, §2, is 
amended to read: 
Q. 
To cancel, terminate, fail to renew or refuse to continue any dealership 
relationship with a licensed new recreational vehicle dealer, notwithstanding the 
terms, provisions or conditions of any agreement or dealer agreement or the terms or 
provisions of any waiver, without first providing notification of the tennination, 
cancellation, nonrenewal or noncontinuance to the new recreational vehicle dealer as 
follows: 
(1) Notification must be in writing and delivered personally or by ce1iified mail 
to the new recreational vehicle dealer and contain: 
(a) A statement of intent to terminate the dealer agreement, cancel the dealer 
5 
agreement, not continue the dealer agreement or not to renew the dealer 
6 
agreement; 
7 
(b) A statement of the reasons for the termination, cancellation, 
8 
noncontinuance or nonrenewal; and 
(c) The date on which the termination, cancellation, noncontinuance or 
nonrenewal takes effect; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"~" to H.P. 280, L.D. 374 
(2) Notification may not be less than 90 days prior to the effective date of the 
termination, cancellation, noncontinuance or nonrenewal; or 
(3) Notification may not be less than 15 days prior to the effective date of the 
termination, cancellation, noncontinuance or nonrenewal with respect to any of 
the following: 
(a) Insolvency of the new recreational vehicle dealer or filing of any petition 
by or against the new recreational vehicle dealer under any bankruptcy or 
receivership law; 
(b) The business operations outlined by the dealer agreement have been 
abandoned or closed for 14 consecutive business days unless the closing is 
due to an act of God, a strike or labor difficulty; 
( c) Conviction of or plea of nolo contend ere of a recreational vehicle dealer 
or one of its principal owners of any Class A, Class B or Class C crime, as 
defined in Title 17-A, in which a sentence of imprisonment of 60 days or 
more is imposed under Title 17-A, sections~ 1603 and~ 1604; 
( d) Revocation of the recreational vehicle dealer's license pursuant to Title 
29-A, section 903; or 
(e) A determination that there was a material fraudulent misrepresentation by 
the dealer to the manufacturer, distributor or wholesaler; or 
Sec. C-7. 10 MRSA §1434-A, sub-§2, ,ill, as enacted by PL 2009, c. 562, §18, 
is amended to read: 
B. The notice period under this subsection may be reduced to not less than 30 days' 
prior written notice of termination, cancellation or nonrenewal if good cause exists. 
Good cause exists for purposes of this paragraph when: 
( 1) A dealer or one of its owners is convicted of or enters a plea of nolo 
contendere to murder or a Class A, Class B or Class C crime for which a sentence 
of imprisonment of one year or more is imposed under Title 17-A, section~ 
1603 or~ 1604; 
(2) 
A dealer abandons or closes the dealer's business operations for 10 
consecutive business days unless the closing is due to an act of God, strike, labor 
difficulty or other cause over which the dealer has no control; 
(3) There is a significant misrepresentation by the dealer materially affecting the 
business relationship between the dealer and the manufacturer or distributor; 
( 4) The dealer's license has been suspended or revoked or has not been renewed; 
(5) There is a declaration by the dealer of bankruptcy or insolvency or the 
occmTence of an assignment for the benefit of creditors or bankruptcy; or 
7 
(6) A dealer fails to notify in writing the manufacturer or distributor at least 30 
days prior to entering into a dealer agreement with a manufacturer or distributor 
of a competing, similar line make. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to H.P. 280, L.D. 374 
The notice requirements of this paragraph do not apply if the reason for termination, 
cancellation or nonrenewal is the dealer's insolvency, the occurrence of an 
assignment for the benefit of creditors or the dealer's bankruptcy. 
Sec. C-8. 10 MRSA §1434-A, sub-§3, ~C, as enacted by PL 2009, c. 562, §18, 
is amended to read: 
C. 
For purposes of this subsection, good cause for termination, cancellation or 
nonrenewal exists when: 
(1) 
A manufacturer or distributor is convicted of, or enters a plea of nolo 
contendere to, murder or a Class A, Class B or Class C crime for which a 
l O 
sentence of imprisonment of one year or more is imposed under Title 17-A, 
section~ 1603 or~ 1604; 
(2) 
The business operations of the manufacturer or distributor have been 
abandoned or closed for 10 consecutive business days, unless the closing is due 
to an act of God, strike, labor difficulty or other cause over which the 
manufacturer or distributor has no control; 
(3) There is a significant misrepresentation by the manufacturer or distributor 
materially affecting the business relationship between the dealer and the 
manufacturer or distributor; or 
( 4) There is a declaration by the manufacturer or distributor of bankruptcy or 
insolvency or the occunence of an assignment for the benefit of creditors or 
bankruptcy. 
Sec. C-9. 12 MRSA §6004, last~' as amended by PL 2005, c. 507, § 1, is further 
amended to read: 
Any period of confinement must be served concurrently with any other period of 
confinement previously imposed and not fully discharged or imposed on the same date. 
Any period of confinement is subject to Title 17-A, section 1253, subsection 2 2305, 
except that a statement is not required to be furnished and the day-for-day deduction must 
be determined by the facility, but i.§_ not subject to Title 17-A, section 1253, subsection 2, 
paragraph A, or subsection 3 B, 4, 5, 8, 9 or 10 2305, subsection 4, section 2307, 
subsections 2, 3 and 4, section 2308, subsection 2, section 2309, subsection 2 or section 
2310, subsections 3, 6 and 7. If the court suspends the period of confinement in whole or 
in pa1t, the comt shall impose a period of administrative release not to exceed one year. 
The administrative release must be administered pursuant to Title 17-A, chapter .§4..G fiL 
subchapter 2, and revocation of the administrative release is governed by the provisions 
of that chapter subchapter. 
Sec. C-10. 12 MRSA §6073, sub-§3, as amended by PL 1995, c. 157, §1, is 
fmther amended to read: 
3. 
Penalty. 
Any person who violates subsection 2-A or who knowingly and 
willfully violates subsection 2 is guilty of a Class D crime, except that, notwithstanding 
Title 17-A, sections 4-A and 1301, 1704 and 1705, the court shall impose a fine of not 
Jess than $1,000 and restitution may be ordered made to the owner of the lease in an 
amount set by the comt pursuant to Title 17-A, chapter 69. 
COMMITTEE AMENDMENT 
COMMI'ITEE AMENDMENT" A" to H.P. 280, L.D. 374 
Sec. C-11. 12 MRSA §6432, sub-§5, as amended by PL 2013, c. 468, §18, is 
fmther amended to read: 
5. Penalty for possession. Possession of lobsters other than caught by the method 
specified in subsection 1 is a Class D crime, except that in addition to any punishment 
that may be imposed under Title 17-A, Part~§., the court shall impose a fine of $500 for 
each violation and, in addition, a fine of $100 for each lobster involved, up to and 
including the first 5, and a fine of $200 for each lobster in excess of 5, or, if the number 
of lobsters cannot be determined, a fine of not less than $1,000 or more than $5,000. 
Sec. C-12. 12 MRSA §6436, sub-§5, as amended by PL 2013, c. 468, §19, is 
further amended to read: 
5. 
Penalty for possession of egg-bearing lobsters. 
Possession of lobsters in 
violation of subsection 1, paragraph A is a Class D crime, except that in addition to any 
punishment that may be imposed under Title 17-A, Part ~ §_, the court shall impose a fine 
of $1,000 for each violation and, in addition, a fine of $200 for each lobster involved, up 
to and including the first 5, and a fine of $400 for each lobster in excess of 5, or, if the 
number of lobsters cannot be determined, a fine of not less than $2,500 or more than 
$10,000. 
Sec. C-13. 12 MRSA §6436, sub-§6, as amended by PL 2013, c. 468, §20, is 
further amended to read: 
6. Penalty for possession of v-notched lobsters. Possession of lobsters in violation 
of subsection 1, paragraph B is a Class D crime, except that in addition to any punishment 
that may be imposed under Title 1 7-A, Part~§., the court shall impose a fine of $500 for 
each violation and, in addition, a fine of $100 for each lobster involved, up to and 
including the first 5, and a fine of $400 for each lobster in excess of 5, or, if the number 
of lobsters cannot be determined, a fine of not less than $1,000 or more than $5,000. 
Sec. C-14. 12 MRSA §6952-A, sub-§4, as amended by PL 2013, c. 468, §42, is 
further amended to read: 
4. Penalty for possession. A violation of this section is a Class D crime, except that 
in addition to any punishment that may be imposed under Title 17-A, Part~§_, the comt 
shall impose a fine of $500 for each violation and, in addition, a fine of $100 for each 
lobster involved, up to and including the first 5, and a fine of $200 for each lobster in 
excess of 5, or, if the number of lobsters cannot be detennined, a fine of not less than 
$1,000 or more than $5,000. 
Sec. C-15. 12 MRSA §6957, sub-§2, as amended by PL 1995, c. 169, §2, is 
fmther amended to read: 
2. 
Penalty. 
A violation of subsection 1 is a Class D crime, e1rnept that, 
noti.vithstanding Title 17 A, section 1301 . In addition to any other authorized sentencing 
8 
alternative, the court shall impose a minimum fine of $1,000 that may not be suspended. 
Sec. C-16. 12 MRSA §8004, last ,r, as amended by PL 2005, c. 507, §2, is 
fmther amended to read: 
Any period of confinement must be served concurrently with any other period of 
confinement previously imposed and not fully discharged or imposed on the same date. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 280, L.D. 374 
Any period of confinement is subject to Title 17-A, section 1253, subsection 2 2305, 
except that a statement is not required to be furnished and the day-for-day deduction must 
be determined by the facility, but lli not subject to Title 17-A, section 1253, subsection 2, 
paragraph A, or subsection 3 B, 4, 5, 8, 9 or 10 2305, subsection 4, section 2307, 
subsections 2, 3 and 4, section 2308, subsection 2, section 2309, subsection 2 or section 
2310, subsections 3, 6 and 7. If the court suspends the period of confinement in whole or 
in part, the court shall impose a period of administrative release not to exceed one year. 
The administrative release must be administered pursuant to Title 1 7-A, chapter M-G fil.,, 
subchapter 2, and revocation of the administrative release is governed by the provisions 
of that chapter subchapter. 
Sec. C-17. 12 MRSA §9321, sub-§6, as amended by PL 2003, c. 556, §1, is 
fmiher amended to read: 
6. Penalty. Notwithstanding section 9701, any person who engages in out-of-door 
burning in violation of this article, or who fails to comply with any stated permit 
condition or restriction, commits a Class E crime. In addition, if the State proves that 
while in violation that person's out-of-door fire resulted in fire suppression costs to 
municipal or State Government, the comi, as pati of any sentence imposed, may order 
restitution, pursuant to Title 17-A, chapter -54 69, to be paid to the government entities 
incurring the suppression costs. For each violation of this article: 
A. The monetary award for restitution to a municipality may not exceed $25,000; 
and 
B. The total combined monetary award for restitution to municipalities and State 
Government may not exceed $125,000. 
When bringing an action under this a1iicle, the State shall, to the fullest extent permitted 
by law, seek restitution of fire suppression costs incurred by state governmental entities 
relating to the violation. 
Sec. C-18. 12 MRSA §9601, sub-§1, as amended by PL 1991, c. 528, Pt. E, § 11 
and affected by Pt. RRR and amended by c. 591, Pt. E, § 11, is further amended to read: 
1. 
Illegal operation. 
A person is guilty of illegal operation of power-driven 
equipment if that person knowingly: 
A. Operates power-driven equipment in, through or within 1,000 feet of forest lands 
without an approved spark arrester; 
B. Requires the operation of power-driven equipment in, through or within 1,000 
feet of forest lands without an approved spark a11'ester; or 
C. 
Permits the operation of power-driven equipment owned by that person in, 
through or within 1,000 feet of forest lands without an approved spark arrester. 
For the purposes of this section, "power-driven equipment" means vehicles, tools or other 
8 
equipment with an internal combustion engine, but does not include boat motors. 
Notwithstanding section 9701, any person who violates this subsection commits a Class E 
crime. In addition, if the State proves that while in violation of this section fires resulting 
from that person's power-driven equipment resulted in fire suppression costs to municipal 
or State Government, the court, as part of any sentence imposed, may, pursuant to Title 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT" A" to H.P. 280, L.D. 374 
17-A, chapter M 69, order restitution to be paid to the government entities incurring the 
suppression costs in an amount not to exceed the limitations established in section 9321. 
Sec. C-19. 12 MRSA §10608, last ,, as amended by PL 2005, c. 507, §3, is 
further amended to read: 
Any period of confinement must be served concurrently with any other period of 
confinement previously imposed and not fully discharged or imposed on the same date. 
Any period of confinement is subject to Title 17-A, section 1253, subsection 2 2305, 
except that a statement is not required to be furnished and the day-for-day deduction must 
be determined by the facility, but~ not subject to Title 17-A, section 1253, subsection 2, 
paragraph A, or subsection 3 B, 4, 5, 8, 9 or 10 2305, subsection 4, section 2307, 
subsections 2, 3 and 4, section 2308, subsection 2, section 2309, subsection 2 or section 
2310, subsections 3, 6 and 7. If the coutt suspends the period of confinement in whole or 
in part, the comt shall impose a period of administrative release not to exceed one year. 
The administrative release must be administered pursuant to Title 17-A, chapter M-G Kl 
subchapter 2, and revocation of the administrative release is governed by the provisions 
of that chapter subchapter. 
Sec. C-20. 12 MRSA §12509, sub-§1, as affected by PL 2003, c. 614, §9 and 
amended by c. 655, Pt. B, §256 and affected by §422, is further amended to read: 
1. Permit required. Except as otherwise authorized pursuant to this Part, a person 
may not introduce, imp01t or transport any live fish or gametes into the State or receive or 
have in that person's possession fish or gametes so introduced, imported or transpmted 
without a valid pennit issued under this section. 
A person who violates this subsection commits a Class E crime, except that, 
notwithstanding Title 17-A, section H-0+ 1704, the fine may not be less than $1,000 nor 
more than $10,000. 
Sec. C-21. 12 MRSA §12510, sub-§1, as enacted by PL 2003, c. 414, Pt. A, §2 
and affected by c. 614, §9, is amended to read: 
1. Permit required. Except as otherwise authorized pursuant to this Part, a person 
may not introduce fish of any kind into any inland waters without a valid permit issued 
under this section. A person who violates this subsection commits a Class E crime, 
except that, notwithstanding Title 17-A, section +3--0-1- 1704, the fine may not be less than 
$1,000 or more than $10,000. 
Sec. C-22. 12 MRSA §12511, sub-§1, as enacted by PL 2003, c. 655, Pt. B, 
§257 and affected by §422, is amended to read: 
1. Permit required. Except as otherwise authorized pursuant to this Part, a person 
may not introduce fish or fish spawn into a private pond without a valid permit issued 
under this section. A person who violates this subsection commits a Class E crime, 
except that, notwithstanding Title 17-A, section +3--0-1- 1704, the fine may not be less than 
$1,000 nor more than $10,000. 
Sec. C-23. 12 MRSA §12512, sub-§1, as enacted by PL 2003, c. 655, Pt. B, 
§257 and affected by §422, is amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"~ "to H.P. 280, L.D. 374 
1. Permit required. Except as otherwise authorized pursuant to this Part, a person 
may not take and transp01t within the limits of the State fish taken in the State for 
breeding or advertising purposes without a valid pennit issued under this section. A 
person who violates this subsection commits a Class E crime, except that, 
notwithstanding Title 17-A, section -1-W+ 1704, the fine may not be less than $1,000 nor 
more than $10,000. 
Sec. C-24. 12 MRSA §13157-A, sub-§25, ~' as enacted by PL 2005, c. 397, 
Pt. E, §26, is amended to read: 
B. The following penalties apply to violations of this subsection. 
(1) A person who violates this subsection commits a civil violation for which a 
fine of not less than $100 or more than $500 may be adjudged. 
(2) 
A person who violates this subsection after having been adjudicated as 
having committed 3 or more civil violations under this Part within the previous 5-
year period commits a Class E crime. 
(3) In addition to any penalties imposed under this subsection, the court may, 
subject to section 9321 and Title 17-A, chapter M 69, order restitution for fire 
suppression costs incurred by state or municipal government entities in 
suppressing a fire caused by an ATV operating without a working spark arrester. 
Sec. C-25. 13 MRSA §1035, as amended by PL 2007, c. 112, §1, is further 
amended to read: 
§1035. Penalties 
Except as otherwise provided in this chapter, a person who fails to comply with or 
violates any of the provisions of this chapter in respect to the establishment, maintenance 
or operation of a cemetery, community mausoleum, crematory or columbarium or to the 
disposal of dead human bodies commits a Class E crime except that, notwithstanding 
Title 17-A, section 1301 sections 1704 and 1705, the fine may not be less than $100 or 
more than $500. 
Sec. C-26. 14 MRSA §158-B, sub-§1, as amended by PL 2007, c. 275, §1, is 
further amended to read: 
1. Liability limited. A charitable organization or other entity approved pursuanfto 
Title 15, section 3301 or 3314 or pursuant to Title 17-A, section H-# 2031 is not liable 
for a claim arising from death or injury to a person or damage to propetty caused by a 
juvenile or adult patticipating in a supervised work or service program, performing 
community service or providing restitution under Title 15, section 3301 or 3314 or under 
Title 17-A, section H-# 2031, including a claim arising from death or injury to the 
juvenile or adult or damage to the adult's or juvenile's property. 
Sec. C-27. 14 MRSA §752-E, sub-§§1 and 2, as enacted by PL 1997, c. 320, 
8 
§ I, are amended to read: 
1. Limitation period. Actions based upon a criminal offense in which, as that 
offense is defined, there is a victim, as defined in Title 17-A, section +l-U 2101, 
subsection 2, brought by or on behalf of a victim against the offender must be 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "ft" to H.P. 280, L.D. 374 
I 
commenced within the limitation period otherwise provided or within 3 years of the time 
the victim discovers or reasonably should have discovered any profits from the crime, 
whichever occurs later. 
2. Notice to victims. A person or organization that knowingly pays or agrees to pay 
any profits from a criminal offense in which, as that offense is defined, there is a victim 
to a person charged with or convicted of that crime shall make reasonable effotts to notify 
every victim, as defined in Title 17-A, section -1--l-++ 2101, subsection 2, of the payment or 
agreement to pay as soon as practicable after discovering that the payment or intended 
payment constitutes profits from the crime. Reasonable efforts must include, but are not 
limited to, seeking information about victims from comt records and the prosecuting 
attorney and mailing notice by cettified mail to victims whose address is known and 
publishing, at least once every 6 months for 3 years, in newspapers of general circulation 
in the area where the crime occurred a legal notice to unknown victims or victims whose 
address is unknown. 
Sec. C-28. 14 MRSA §5602, as enacted by PL 2001, c. 421, Pt. A, §1 and 
affected by Pt. C, § 1, is amended to read: 
7 
§5602. Restitution 
The court may order a person adjudicated as having committed a civil violation to 
pay restitution as pati of the judgment. 
Title 17-A, chapter M 69 applies to the 
determination, ordering, payment and enforcement of an order of restitution. 
Sec. C-29. 15 MRSA §224-A, sub-§2, as amended by PL 2015, c. 431, §5, is 
fmther amended to read: 
2. 
Funding. 
The Extradition and Prosecution Expenses Account in each 
prosecutorial district is funded by bail forfeited to and recovered by the State pursuant to 
the Maine Rules of Unified Criminal Procedure, Rule 46. Whenever bail is so forfeited 
and recovered by the State and if it is not payable as restitution pursuant to Title 17-A, 
7 
section -8±9- 2015, subsection ~ 
±, the district attorney shall determine whether it or a 
portion of it is deposited in the Extradition and Prosecution Expenses Account for that 
district attorney's prosecutorial district, but in no event may the account exceed $30,000. 
Any bail so forfeited and recovered and not deposited in the Extradition and Prosecution 
Expenses Account must be deposited in the General Fund. Any unexpended balance in 
the Extradition and Prosecution Expenses Account of a prosecutorial district established 
by this section may not lapse but must be carried forward into the next year. 
Sec. C-30. 15 MRSA §812, sub-§2, as amended by PL 2007, c. 475, §4, is 
further amended to read: 
2. Notification to victims and law enforcement officers. Whenever practicable, 
7 
before submitting a negotiated plea to the comt, the attorney for the State shall make a 
8 
good faith effort to inform the relevant law enforcement officers of the details of the plea 
agreement reached in any prosecution where the defendant was originally charged with 
murder, a Class A, B or C crime or a violation of Title 17-A, chapter 9, 11, 12 or 13 and, 
with respect to victims, shall comply with Title 17-A, section -t-+h!- 2102, subsection I, 
paragraphs A and B relative to infonning victims of the details of and their right to 
comment on a plea agreement. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 280, L.D. 374 
l 
Sec. C-31. 15 MRSA §1004, as amended by PL 2015, c. 431, § 11, is fmiher 
amended to read: 
§1004. Applicability and exclusions 
This chapter applies to the setting of bail for a defendant in a criminal proceeding, 
including the setting of bail for an alleged contemnor in a plenary contempt proceeding 
involving a punitive sanction under the Maine Rules of Civil Procedure, Rule 66. It does 
not apply to the setting of bail in extradition proceedings under sections 201 to 229, post-
conviction review proceedings under sections 2121 to 2132, probation revocation 
proceedings under Title 17-A, sections 1205 to 1208 1809 to 1814, supervised release 
revocation proceedings under Title 17-A, section ~ 
83 or administrative release 
revocation proceedings under Title 17-A, sections 1349 to 1349 F 1851 to 1857, except 
to the extent and under the conditions stated in those sections. This chapter applies to the 
setting of bail for an alleged contemnor in a summaty contempt proceeding involving a 
punitive sanction under the Maine Rules of Civil Procedure, Rule 66 and to the setting of 
bail relative to a material witness only as specified in sections 1103 and 1104, 
respectively. This chapter does not apply to a person arrested for a juvenile crime as 
7 
defined in section 3103 or a person under 18 years of age who is arrested for a crime 
defined under Title 12 or Title 29-A that is not a juvenile crime as defined in section 
3103. 
Sec. C-32. 15 MRSA §1023, sub-§4, ,S-1, as enacted by PL 2011, c. 640, Pt. 
A, § l, is amended to read: 
B-1. Set preconviction bail for a defendant alleged to have committed any of the 
following offenses against a family or household member as defined in Title 19-A, 
section 4002, subsection 4: 
( 1) A violation of a protection from abuse order provision set fotih in Title 19-A, 
section 4006, subsection 5, paragraph A, B, C, D, E or F or Title 19-A, section 
4007, subsection 1, paragraph A, A-1, A-2, B, C, D, E or G; 
(2) Any Class A, B or C crime under Title 17-A, chapter 9; 
(3) Any Class A, B or C sexual assault offense under Title 17-A, chapter 11; 
(4) Kidnapping under Title 17-A, section301; 
(5) Criminal restraint under Title 17-A, section 302, subsection 1, paragraph A, 
subparagraph ( 4) or Title 17-A, section 302, subsection 1, paragraph B, 
subparagraph (2); 
(6) Domestic violence stalking that is a Class C crime under Title 17-A, section 
210-C, subsection 1, paragraph B; 
(7) Domestic violence criminal threatening that is a Class C crime under Title 
17-A, section 209-A, subsection 1, paragraph B or domestic violence criminal 
8 
threatening that is elevated to a Class C crime by the use of a dangerous weapon 
under Title 17-A, section -1-2£ 1604, subsection -4- 5, paragraph A; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" ~" to H.P. 280, L.D. 374 
(8) Domestic violence terrorizing that is a Class C crime under Title 17-A, 
section 210-B, subsection 1, paragraph B or domestic violence terrorizing that is 
elevated to a Class C crime by the use of a dangerous weapon under Title 17-A, 
section~ 1604, subsection -4- 5, paragraph A; or 
(9) Domestic violence reckless conduct that is a Class C crime under Title 17-A, 
section 211-A, subsection 1, paragraph B or domestic violence reckless conduct 
that is elevated to a Class C crime by the use of a dangerous weapon under Title 
17-A, section~ 1604, subsection-4- 5, paragraph A; 
Sec. C-33. 15 MRSA §1094, first ,r, as amended by PL 2007, c. 31, §2, is further 
amended to read: 
When a defendant who has been admitted to either preconviction or post-conviction 
bail in a criminal case fails to appear as required or has violated the conditions of release, 
the court shall declare a forfeiture of the bail. The obligation of the defendant and any 
sureties may be enforced in such manner as the Supreme Judicial Court shall by rule 
provide and in accordance with section 224-A and Title 17-A, section ~ 
2015, 
subsection :1-A :J:. The rules adopted by the Supreme Judicial Court must provide for 
notice to the defendant and any sureties of the consequences of failure to comply with the 
conditions of bail. 
Sec. C-34. 15 MRSA §1105, as amended by PL 2003, c. 205, §2, is further 
amended to read: 
§1105. Alcohol ancl clrug treatment program 
As a condition of post-conviction release, the comt may impose the condition of 
participation in an alcohol and drug treatment program for a period not to exceed 24 
months pursuant to Title 4, chapter 8. Upon request of the Department of Corrections, 
the court may require the defendant to pay a substance abuse testing fee as a requirement 
of pa1ticipation in the alcohol or drug treatment program. If at any time the court finds 
probable cause that a defendant released with a condition of participation in an alcohol 
and drug treatment program has intentionally or knowingly violated any requirement of 
the defendant's patticipation in the alcohol or drug treatment program, the comt may 
suspend the order of bail for a period of up to 7 days for any such violation. The 
defendant must be given an opportunity to personally address the comt prior to the 
suspension of an order of bail under this section. A period of suspension of bail is a 
period of detention under Title 17-A, section 1253, subseotion 2 2305. This section does 
not restrict the ability of the court to take actions other than suspension of the order of 
5 
bail for the violation of a condition of patticipation in an alcohol and drng treatment 
program or the ability of the court to ente1tain a motion to revoke bail under section 1098 
7 
and enter any dispositional order allowed under section 1099-A. If the court orders 
participation in a drug and alcohol treatment program under this section, upon sentencing 
the comt shall consider whether there has been compliance with the program. 
Sec. C-35. 15 MRSA §1707, as repealed and replaced by PL 1987, c. 616, is 
amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 280, L.D. 374 
§ 1707. Record to designated facility 
Whenever a person is convicted of a crime and sentenced to a tenn of imprisonment 
wh-ielt that is to be served in the custody of the Depatiment of Corrections, the clerk of 
the court shall make and forward to the head of the correctional facility designated as the 
initial place of confinement by the Commissioner of Corrections pursuant to Title 17-A, 
section ~ 
2304, a record containing copies of the docket entries and charging 
instrument, together with a statement of any fact or facts wh-ielt that the presiding justice 
may e-eem determine to be impotiant or necessary for a full comprehension of the case. 
This record sh-al-I- must be delivered to the head of the designated correctional facility 
within 10 days of the date the prisoner is received at that facility. At the time a person, so 
sentenced, is delivered to the designated correctional facility, a copy of the judgment and 
commitment sh-al-I- must be given to the receiving officer at that facility. 
Sec. C-36. 15 MRSA §2121, sub-§2, as amended by PL 2013, c. 133, §3, is 
fmther amended to read: 
2. 
Post-sentencing proceeding. "Post-sentencing proceeding" means a court 
proceeding or administrative action occurring during the course of and pursuant to the 
operation of a sentence that affects whether there is incarceration or its length, including 
revocation of parole, failure to grant parole, an error of law in the computation of a 
sentence including administrative calculations of deductions relative to time detained 
pursuant to Title 17-A, section 1253, subsection 2 2305 and default in payment of a fine 
or restitution. It does not include the following Title 17-A, Part J §. court proceedings: 
revocation of probation, revocation of supervised release for sex offenders or revocation 
of administrative release. 
It does not include the following administrative actions: 
calculations of geed time and meritorious good time credits deductions pursuant to Title 
17-A, section 1253, subsections 3, 3 B, 4, 5 and 7 or similar deductions under Title 17 A, 
section 1253, subsections 8, 9 and 10 2307, subsections 2, 3 and 4, section 2308, 
subsection 2, section 2309, subsection 2, section 2310, subsections 3, 6 and 7 and section 
2311; disciplinaty proceedings resulting in a withdrawal of geed time credits or similar 
deductions under Title 17-A, section 1253, subsections 6, 8, 9 and 10 2307, subsection 5, 
section 2308, subsection 3, section 2309, subsection 3, section 2310, subsection 4 and 
section 2311; cancellation of furlough or other rehabilitative programs authorized under 
Title 30-A, sections 1556, 1605 and 1606 or Title 34-A, section 3035; cancellation of a 
supervised community confinement program granted pursuant to Title 34-A, section 
3036-A; cancellation of a community confinement monitoring program granted pursuant 
5 
to Title 30-A, section 1659-A; or cancellation of placement on community reintegration 
status granted pursuant to Title 34-A, section 3810 or 4112. 
Sec. C-37. 15 MRSA §2124, sub-§1, 1C-1, as enacted by PL 2011, c. 601, §7, 
8 
is amended to read: 
9 
C-1. 
Incarceration imposed by the challenged criminal judgment that is wholly 
satisfied at the time of sentence imposition due to detention time credits earned under 
Title 17-A, section 1253, subse~ 2305; 
Sec. C-38. 15 MRSA §2124, sub-§1, ~' as amended by PL 2011, c. 601, §7, is 
further amended to read: 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT "A "to H.P. 280, L.D. 374 
E. A fine imposed by the challenged criminal judgment that has not been paid and in 
a case when a person has not inexcusably violated Title 17-A, section 1303 B 1710 or 
inexcusably defaulted in payment of any po1tion. 
A fine includes any imposed 
monetary fees, surcharges and assessments, however designated; 
Sec. C-39. 15 MRSA §2124, sub-§1, 1F, as amended by PL 2013, c. 266, §2, is 
further amended to read: 
F. Restitution imposed by the challenged criminal judgment that has not been paid 
and in a case when a person has not inexcusably violated Title 17-A, section 1328 A 
2014 or inexcusably defaulted in payment of any portion. Any challenge as to the 
amount of restitution ordered is further limited by Title 17-A, section 1330 A 2017; 
Sec. C-40. 15 MRSA §2137, sub-§1, as enacted by PL 2005, c. 659, §1 and 
affected by §6, is amended to read: 
1. Motion. A person who has been convicted of and sentenced for a crime under the 
laws of this State that canies the potential punishment of imprisonment of at least one 
year and for which the person is in actual execution of either a pre-Maine Criminal Code 
sentence of imprisonment, including parole, or a sentencing alternative pursuant to Title 
17-A, section~ 1502, subsection 2 that includes a tenn of imprisonment or is subject 
to a sentence of imprisonment that is to be served in the future because another sentence 
must be served first may file a written postjudgment of conviction motion in the 
underlying criminal proceeding moving the court to order DNA analysis of evidence in 
the control or possession of the State that is related to the underlying investigation or 
prosecution that led to the person's conviction and a new trial based on the results of that 
analysis as authorized by this chapter. For criminal proceedings in which DNA testing 
was conducted before September 1, 2006, the person may file a written postjudgment of 
conviction motion in the underlying criminal proceeding moving the court for a new trial 
based on the results of the DNA testing already conducted using the standard set fotth in 
this chapter if the DNA test results show that the person is not the source of the evidence. 
Sec. C-41. 15 MRSA §2151, sub-§3, as enacted by PL 1999, c. 731, Pt. ZZZ, 
§24 and affected by §42, is amended to read: 
3. Restitution. As limited by Title 17-A, section 1330 A 2017. 
Sec. C-42. 15 MRSA §2252, sub-§4, as enacted by PL 2015, c. 354, §1, is 
amended to read: 
4. Other state convictions. The eligible criminal conviction is the only criminal 
conviction of the person in this State, and the person has not had a criminal charge 
dismissed as a result of a deferred disposition pursuant to Title 17-A, chapter M-F §L 
subchapter 4 and has not been adjudicated as having committed a juvenile crime for 
which the hearing was open to the general public under section 3307; 
Sec. C-43. 15 MRSA §3007, as enacted by PL 1999, c. 280, §1, is amended to 
read: 
§3007. Victims' rights 
In addition to any rights given to victims of juvenile crimes in this Part, the victim of 
a juvenile crime has the rights that a victim has under Title 17-A, section ++.'.:7-§. 2106. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A 
"to H.P. 280, L.D. 374 
Sec. C-44. 15 MRSA §3312, sub-§1, as amended by PL 1995, c. 253, §3, is 
further amended to read: 
1. Evidence of proper disposition. After making an order of adjudication, the court 
shall hear evidence on the question of the proper disposition best serving the interests of 
the juvenile and the public. Such evidence must include, but is not necessarily limited to, 
the social study and written report, if ordered prepared under section 3311, subsection 3, 
and other repmis as provided in section 3311, subsection 1. Any person who would be 
entitled to address the court pursuant to Title 17-A, section~ 2104 if the conduct for 
which the juvenile has been adjudicated had been committed by an adult, as provided in 
that section, must be accorded notice of the dispositional hearing and the right to address 
the court. The Maine Rules of Evidence do not apply in dispositional hearings. 
Sec. C-45. 15 MRSA §3314, sub-§1, ~' as corrected by RR 2009, c. 2, §35, is 
amended to read: 
E. The comi may require the juvenile to make restitution for any damage to the 
victim or other authorized claimant as compensation for economic loss upon 
reasonable conditions that the comi determines appropriate. For the purposes of this 
paragraph, the provisions of Title 17-A, chapter M 69 apply, except that section ~ 
2015 does not apply. Enforcement of a restitution order is available pursuant to 
subsection 7. If the restitution was a condition of probation, the attorney for the State 
may, with written consent of the juvenile community corrections officer, file a 
motion to revoke probation. 
Sec. C-46. 15 MRSA §3314, sub-§1, 1G, as amended by PL 2009, c. 93, §12, is 
fmiher amended to read: 
G. Except for a violation of section 3103, subsection 1, paragraph H, the court may 
impose a fine, subject to Title 17-A, sections +.W+ 1701to..J:.J-041711, except that 
there is no mandatory minimum fine amount. For the purpose of this section, juvenile 
7 
offenses defined in section 3103, subsection 1, paragraphs B and C are deemed Class 
E crimes. 
Sec. C-47. 15 MRSA §3314, sub-§1, ,r.H, as amended by PL 2007, c. 96, §5, is 
fmiher amended to read: 
H. The comi may order the juvenile to serve a period of confinement that may not 
exceed 30 days, with or without an underlying suspended disposition of commitment 
3 
to a Department of Corrections juvenile correctional facility, which confinement must 
be served concurrently with any other period of confinement previously imposed and 
5 
not fully discharged or imposed on the same date but may be served intermittently as 
the comi may order and must be ordered served in a facility approved or operated by 
7 
the Depmiment of Corrections exclusively for juveniles. The court may order such a 
8 
disposition to be served as a part of and with a period of probation that is subject to 
such provisions of Title 17-A, section -l-2-04 1807 as the court may order and that 
must be administered pursuant to Title 34-A, chapter 5, subchapter 4. Revocation of 
probation is governed by the procedure contained in subsection 2. Any disposition 
under this paragraph is subject to Title 17-A, section 1253, subseotion 2 2305 except 
that a statement is not required to be furnished and the day-for-day deduction must be 
dete1mined by the facility, but .i§_ not subject to Title 17-A, section 1253, subsection 2, 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" f\" to H.P. 280, L.D. 374 
paragraph A, or subsection 3 B, 4, 5, g, 9 or 10 2305, subsection 4, section 2307, 
subsections 2, 3 and 4, section 2308, subsection 2, section 2309, subsection 2 or 
section 2310, subsections 3, 6 and 7. For purposes of calculating the commencement 
of the period of confinement, credit is accorded only for the portion of the first day 
for which the juvenile is actually confined; the juvenile may not be released until the 
juvenile has served the full tenn of hours or days imposed by the comt. When a 
juvenile is committed for a period of confinement, the comi shall determine whether 
reasonable effotis have been made to prevent or eliminate the need for removal of the 
juvenile from the juvenile's home or that reasonable efforts are not necessary because 
IO 
of the existence of an aggravating factor as defined in Title 22, section 4002, 
subsection 1-B and whether continuation in the juvenile's home would be contra1y to 
the welfare of the juvenile. This determination does not affect whether the court 
orders a period of confinement. 
Sec. C-48. 15 MRSA §3314, sub-§2, as amended by PL 2007, c. 695, Pt. A, §19, 
is fmiher amended to read: 
2. 
Suspended disposition. 
The comi may impose any of the dispositional 
alternatives provided in subsection 1 and may suspend its disposition and place the 
juvenile on a specified period of probation that is subject to such provisions of Title 17-A, 
section +±M 1807 as the court may order and that is administered pursuant to the 
provisions of Title 34-A, chapter 5, subchapter 4, except that the court may not impose 
the condition set out in Title 17-A, section +±M 1807, subsection +-A ,2.. The court may 
impose as a condition of probation that a juvenile must reside outside the juvenile's home 
in a setting satisfactoty to the juvenile community corrections officer if the cotni 
determines that reasonable effotis have been made to prevent or eliminate the need for 
removal of the juvenile from the juvenile's home or that no reasonable efforts are 
necessary because of the existence of an aggravating factor as defined in Title 22, section 
4002, subsection 1-B, and that continuation in the juvenile's home would be contrmy to 
the welfare of the juvenile. Imposition of such a condition does not affect the legal 
custody of the juvenile. 
Modification of probation is governed by the procedures contained in Title 17-A, section 
I 
1202, subsection 2 1804, subsections 7 and 8. Termination of probation is governed by 
the procedures contained in Title 17-A, section~ 1804, subsection J lQ. Revocation 
of probation is governed by the procedures contained in Title 17-A, sections ~ 
1205 B, 1205 C and 1206 1809 to 1812, except that this subsection governs the comi's 
detenninations concerning probable cause and continued detention and those provisions 
of Title 17-A, section -l-2(}6 1812, subsection +-A§. allowing a vacating of pa1i of the 
suspension of execution apply only to a suspended fine under subsection 1, paragraph G 
8 
or a suspended period of confinement under paragraph H. A suspended commitment 
under subsection I, paragraph F may be modified to a disposition under subsection 1, 
paragraph H. When a revocation of probation results in the imposition of a disposition 
under subsection 1, paragraph F or a period of confinement under subsection 1, paragraph 
H, the court shall determine whether reasonable effo1is have been made to prevent or 
eliminate the need for removal of the juvenile from the juvenile's home or that no 
reasonable effmis are necessary because of the existence of an aggravating factor as 
defined in Title 22, section 4002, subsection 1-B and whether continuation in the 
juvenile's home would be contrmy to the welfare of the juvenile. This determination does 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 280, L.D. 374 
not affect whether the court orders a particular disposition upon a revocation of probation. 
If the juvenile is being detained for an alleged violation of probation, the court shall 
review within 48 hours following the detention, excluding Saturdays, Sundays and legal 
holidays, the decision to detain the juvenile. Following that review, the court shall order 
the juvenile's release unless the court finds that there is probable cause to believe that the 
juvenile has violated a condition of probation and finds, by a preponderance of the 
evidence, that continued detention is necessary to meet one of the purposes of detention 
under section 3203-A, subsection 4, paragraph C. 
When a court orders continued 
detention, the comi shall determine whether reasonable effotis have been made to prevent 
or eliminate the need for removal of the juvenile from the juvenile's home or that no 
reasonable efforts are necessary because of the existence of an aggravating factor as 
defined in Title 22, section 4002, subsection 1-B and whether continuation in the 
juvenile's home would be contrary to the welfare of the juvenile. This determination does 
not affect whether the couti orders continued detention. 
Sec. C-49. 15 MRSA §3314, sub-§6, as amended by PL 2015, c. 485, §1, is 
further amended to read: 
7 
6. Forfeiture of firearms. As part of evety 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; 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 1504 if the 
criminal conduct had been committed by an adult must be forfeited to the State and the 
juvenile comi 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 fireann, 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 offireaims forfeited pursuant to Title 17-A, section 1158 A 1504 govern 
forfeitures under this subsection. 
Sec. C-50. 15 MRSA §3314-A, as amended by PL 2009, c. 93, §13, is further 
amended to read: 
§3314-A. Period of probation; modification and discharge 
The period of probation of a juvenile, its modification and discharge, is as provided 
by Title 17-A, section~ 1804, except that the period of probation of a juvenile 
convicted of a juvenile crime as defined by section 3103, subsection 1, paragraph B, C or 
E may not exceed one year. The period of probation may extend beyond the juvenile's 
21st birthday. 
Sec. C-51. 15 MRSA §5821, sub-§3-B, as enacted by PL 2013, c. 328, §2, is 
amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A,, to H.P. 280, L.D. 374 
3-B. Forfeiture of firearms used in the commission of certain acts. In addition to 
the provisions of subsection 3-A and Title 17-A, section ~&-A 1504, this subsection 
controls the forfeiture of firearms used in the commission of certain acts. 
A. Except as provided in paragraph B, a firearm is subject to forfeiture to the State if 
the firearm is used by a person to commit a criminal act that in fact causes serious 
bodily injury or death to another human being and, following that act, the person 
either commits suicide or attempts to commit suicide and the attempt results in the 
person's becoming incompetent to stand trial or the person is killed or rendered 
incompetent to stand trial as the result of a justifiable use of deadly force by a law 
enforcement officer. Except as provided in paragraph B, a prope1ty right does not 
exist in the firearm subject to forfeiture. 
B. A firearm that is used in the commission of a criminal act described in paragraph 
A is exempt from forfeiture under this subsection if the firearm belongs to another 
person who is the rightful owner from whom the fireann has been stolen and the 
other person is not a principal or accomplice in the criminal act. In that case, the 
firearm must be transferred to the other person unless that person is otherwise 
prohibited from possessing a firearm under applicable law. 
A firearm subject to fotfeiture pursuant to this subsection that is declared by a court to be 
forfeited pursuant to section 5822 must be promptly destroyed, or caused to be promptly 
destroyed, by the law enforcement agency that has custody of the firearm. 
Sec. C-52. 15 MRSA §6101, sub-§1, 18, as amended by PL 1995, c. 680, §2, is 
further amended to read: 
B. The victim's right to be advised of the existence of a negotiated plea agreement 
before that agreement is submitted to the court pursuant to Title 17-A, section -1--1-H-
2103; 
Sec. C-53. 15 MRSA §6101, sub-§1, ~, as amended by PL 1995, c. 680, §2, is 
further amended to read: 
D. The victim's right to make a statement or submit a written statement at the time of 
sentencing pursuant to Title 17-A, section -l--H4 2104 upon conviction of the 
defendant; and 
Sec. C-54. 17 MRSA §1031, sub-§1-B, as amended by PL 2005, c. 281, §8 and 
c. 397, Pt. F, § 1, is further amended to read: 
1-B. Aggravated cruelty to animals. A person is guilty of aggravated cruelty to 
animals if that person, in a manner manifesting a depraved indifference to animal life or 
suffering, intentionally, knowingly or recklessly: 
A. Causes extreme physical pain to an animal; 
7 
B. Causes the death of an animal; or 
C. Physically tortures an animal. 
Violation of this subsection is a Class C crime. Notwithstanding Title 17-A, section 1301 
sections 1704 and 1705, the court shall impose a fine of not less than $1,000 and not 
more than $10,000 for a first or subsequent violation of this subsection. The sentencing 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" p\" to H.P. 280, L.D. 374 
provisions in subsection 3-B also apply to a person convicted of aggravated cruelty to 
animals. 
Sec. C-55. 17 MRSA §2512, sub-§4, as enacted by PL 2005, c. 546, § 1, is 
amended to read: 
4. Restitution. In addition to any penalties imposed pursuant to subsection 3 and, 
when appropriate, in accordance with the requirements of Title 17-A, chapter M 69, the 
court shall order restitution to the landowner on the basis of an adequate factual 
foundation. The amount of restitution may be determined by using the measured volume 
of the harvested forest products as listed on the measurement tally sheet or stumpage 
sheet in accordance with Title 10, section 2364-A, subsection 2 and by the terms of the 
sales contract according to the measurement procedures set forth in Title I 0, section 
2363-A that are applicable to a sale of wood. 
Any restitution ordered and paid must be deducted from the amount of any restitution 
awarded in a civil action brought by the owner or the State against the offender based on 
the same facts. 
Sec. C-56. 17-A MRSA §6, sub-§1, as amended by PL 1989, c. 502, Pt. D, §9, is 
further amended to read: 
1. 
The provisions of Parts 1 ~. 6 and 7 and chapter 7 are applicable to crimes 
defined outside this code, unless the context of the statute defining the crime clearly 
requires otherwise. 
Sec. C-57. 17-A MRSA §8, sub-§2-A, as enacted by PL 2013, c. 392, §2, is 
amended to read: 
2-A. A proser-ution for a Class A, Class B or Class C crime involving unlawful 
sexual contact or gross sexual assault must be commenced within 8 years after it is 
committed. 
This subsection does not apply to a Class D crime enhanced to a Class C crime pursuant 
to section~ 1604, subsection 4-A 5, paragraph B. 
Sec. C-58. 17-A MRSA §152-A, sub-§2, as enacted by PL 2001, c. 413, §2, is 
amended to read: 
2. 
Aggravated attempted murder is a Class A crime except that, notwithstanding 
section ~ 
1604, subsection i 1, paragraph A, the sentence for aggravated attempted 
murder is imprisonment for life or a definite period of imprisonment for any term of 
years. The existence of an aggravating circumstance serves only as a precondition for the 
court to consider a life sentence. 
Sec. C-59. 17-A MRSA §210-A, sub-§1, 1C, as amended by PL 2015, c. 470, 
§ 11, 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 sentencing alternative pursuant to 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" ~" to H.P. 280, L.D. 374 
section -1--1:-£ 1502, subsection 2 that includes a tenn 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. 
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 coutt of the 
Passamaquoddy Tribe or the Penobscot Nation; any similar order issued by any coutt 
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. C-60. 17-A MRSA §210-A, sub-§1, ~' as amended by PL 2015, c. 470, 
§ 12, is futther 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 detennining the sentence for a 
violation of this paragraph the court shall impose a sentencing alternative pursuant to 
section -1--1:-£ 1502, subsection 2 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. C-61. 17-A MRSA §401, sub-§3, as amended by PL 2001, c. 383, §55 and 
affected by§ 156, is futther amended to read: 
3. 
A person may be convicted both of burglary and of the crime that the person 
committed or attempted to commit after entering or remaining in the strncture, but 
sentencing for both crimes is governed by section ~ 
1608. 
Sec. C-62. 17-A MRSA §755, sub-§1-E, as enacted by PL 2011, c. 464, §15, is 
amended to read: 
1-E. 
A person is guilty of escape from the community confinement monitoring 
program granted pursuant to Title 30-A, section 1659-A if without official permission the 
person intentionally: 
A. 
Leaves or fails to return within 12 hours to that person's residence or other 
designated area in which that person is monitored. Violation of this paragraph is a 
Class C crime; or 
B. Violates paragraph A and at the time of the escape the person uses physical force 
5 
against another person, threatens to use physical force or is anned with a dangerous 
weapon. Violation of this paragraph is a Class B crime. 
A sentence imposed for a violation of this section is subject to the requirements of section 
8 
6, subsection 1 1609. 
Sec. C-63. 17-A MRSA §755, sub-§3, as amended by PL 1985, c. 210, is fmther 
amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"~ "to H.P. 280, L.D. 374 
3. 
As used in this section, "official custody" means arrest, custody in, or on the way 
to or from a courthouse or a jail, police station, house of correction, or any institution or 
facility under the control of the Depattment of Corrections, or under contract with the 
depa1tment for the housing of persons sentenced to imprisonment, the custody of any 
official of the department, the custody of any institution in another jurisdiction pursuant 
to a sentence imposed under the authority of section rn 2303, subsection +-A J_ or any 
custody pursuant to comt order. A person on a parole or probation status is not, for that 
reason alone, in "official custody" for purposes of this section. 
Sec. C-64. 17-A MRSA §853-A, sub-§1, 1A, as enacted by PL 2001, c. 383, 
§99 and affected by § 156, is amended to read: 
A. The person engages in prostitution as defined in section 851. Violation of this 
paragraph is a Class E crime, except that the sentencing alternative may include only 
the penalties provided in section Hfil 1704, subsection 5 and section 1705, 
subsection 5; or 
Sec. C-65. 19-A MRSA §2152, sub-§11, as enacted by PL 1995, c. 694, Pt. B, 
§2 and affected by Pt. E, §2, is amended to read: 
11. 
Confidentiality of information; unlawful dissemination; penalty. 
All 
information collected in connection with the department's child suppott enforcement 
activity and medical suppo1t recoupment pursuant to this section is confidential and 
available only for the use of appropriate departmental personnel and legal counsel for the 
department in carrying out their functions. A person is guilty of unlawful dissemination 
if that person knowingly disseminates information in violation of this subsection. 
Unlawful dissemination is a Class E crime, 1.vhich that, notwithstanding Title 17-A, 
section~ 1604, subsection 2 l, paragraph E, is punishable by a fine of not more than 
$500 or by imprisonment for not more than 30 days. 
Sec. C-66. 19-A MRSA §4002, sub-§4, as amended by PL 2015, c. 296, Pt. C, 
7 
§ 24 and affected by Pt. D, § 1, is further amended to read: 
4. Family or household members. "Family or household members" means spouses 
or domestic partners or former spouses or former domestic pattners, individuals presently 
or formerly living together as spouses, parents of the same child, adult household 
1 
members related by consanguinity or affinity or minor children of a household member 
when the defendant is an adult household member and, for the purposes of Title 15, 
section 1023, subsection 4, paragraph B-1 and Title 15, section 1094-B, this chapter and 
Title 17-A, sections 15, 207-A, 209-A, 210-B, 210-C, 211-A, 1201, 1202 1802, 1804 and 
rn 2301, subsection 1 only, includes individuals presently or formerly living together 
and i11dividuals who are or were sexual partners. Holding oneself out to be a spouse is not 
7 
necessaiy to constitute "living as spouses." For purposes of this subsection, "domestic 
partners" means 2 unmarried adults who are domiciled together under long-term 
arrangements that evidence a commitment to remain responsible indefinitely for each 
other's welfare. 
Sec. C-67. 22 MRSA §4008, sub-§4, as amended by PL 1989, c. 502, Pt. D, § 18, 
is fmther amended to read: 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT"~ "to H.P. 280, L.D. 374 
4. Unlawful dissemination; penalty. A person is guilty of unlawful dissemination 
if he the person knowingly disseminates records whlslt that are determined confidential 
by this section, in violation of the mandatory or optional disclosure provisions of this 
section. Unlawful dissemination is a Class E crime, which that, notwithstanding Title 
17-A, section~ 1604, subsection ~ l, paragraph E, is punishable by a fine of not more 
than $500 or by imprisonment for not more than 30 days. 
Sec. C-68. 25 MRSA §3503-A, as amended by PL 2003, c. 657, §11, is fmiher 
amended to read: 
§3503-A. Disposal of firearms and ammunition 
Notwithstanding any other provision of this chapter, a police depaiiment or other law 
enforcement agency retaining firearms and ammunition covered by this chapter, Title 15, 
section 3314 or chapter 517, or Title 17-A, section 1158 A 1504 may auction the firearms 
to federally licensed firearms dealers or the public, use the firearms and ammunition for 
training purposes or destroy the firearms and ammunition. 
Sec. C-69. 27 MRSA §375, sub-§2, as amended by PL 1999, c. 748, §2, is 
fmiher amended to read: 
2. Penalty. Notvi'ithstanding Title 17 A, sections 4 A and 1301, a A violation of this 
chapter is a Class E crime for which a fine of not less than $250 must be adjudged. The 
unlawful excavation for any one day constitutes a separate violation. The comi also may 
order the defendant to pay an amount equal to the reasonable cost of a proper 
archaeological excavation had the area that was unlawfully excavated been properly 
excavated. The Director of the Maine Historic Preservation Commission, in the name of 
the people of this State through the Attorney General, may in addition to other remedies 
provided bring an action for an injunction seeking one or more of the following remedies: 
A. To restrain a violation of this chapter; or 
B. To enjoin future unlawful excavation. 
Sec. C-70. 28-A MRSA §2081, sub-§1, 11C and D, as amended by PL 2003, 
c. 452, Pt. P, §9 and affected by Pt. X, §2, are futiher amended to read: 
C. Procure, or in any way aid or assist in procuring, furnish, give, sell or deliver 
liquor to a visibly intoxicated person. Violation of this paragraph is a Class E crime, 
except notwithstanding Title 17-A, section 1301 sections 1704 and 1705, the fine 
may not be more than $500; or 
D. Procure, or in any way assist in procuring, furnish, give, sell or deliver imitation 
liquor for or to a minor, or allow a minor under that person's control or in a place 
under that person's control to possess or consume imitation liquor. Violation of this 
paragraph is a Class E crime, except notwithstanding Title 17-A, section 1301 
sections 1704 and 1705, the fine may not be more than $500. 
Sec. C-71. 28-A MRSA §2088, sub-§3, ~' as enacted by PL 2005, c. 259, §1, 
is amended to read: 
B. A person who violates this subsection after having been previously adjudicated as 
violating this subsection commits a Class E crime for which a fine of not less than 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A 
"to H.P. 280, L.D. 374 
$1,000 and, notwithstanding Title 17-A, section rn 1704, subsection 5 and section 
1705, subsection 5, not more than $5,000 must be imposed. In addition to a fine 
imposed under this subsection, if the person is a licensee under chapter 19, 43 or 45, 
the comt may suspend that person's license for up to one year. A violation under this 
paragraph is a strict liability crime as defined in Title 17-A, section 34, subsection 
4-A. 
Sec. C-72. 28-A MRSA §2089, sub-§2, ~, as enacted by PL 2015, c. 205, §1, 
is amended to read: 
B. A person who violates this subsection after having been previously adjudicated as 
violating this subsection commits a Class E crime for which a fine of not less than 
$1,000 and, notwithstanding Title 17-A, section rn 1704, subsection 5 and section 
1705, subsection 5, not more than $5,000 must be imposed. In addition to a fine 
imposed under this subsection, if the person is a licensee under chapter 19, 43, 45, 51 
or 5 5, the comt may suspend that person's license for up to one year in accordance 
with chapter 33. A violation under this paragraph is a strict liability crime as defined 
in Title 17-A, section 34, subsection 4-A. 
Sec. C-73. 29-A MRSA §115, last 1, as amended by PL 2005, c. 507, §17, is 
fmther amended to read: 
Any period of confinement must be served concurrently with any other period of 
confinement previously imposed and not fully discharged or imposed on the same date. 
Any period of confinement is subject to Title 17-A, section 1253, subsection 2 2305, 
except that a statement is not required to be furnished and the day-for-day deduction must 
be dete1mined by the facility, but i§. not subject to Title 17-A, section 1253, subsection 2, 
paragraph A, or subsection 3 B, 4, 5, 8, 9 or 10 2305, subsection 4, section 2307, 
subsections 2, 3 and 4, section 2308, subsection 2, section 2309, subsection 2 or section 
2310, subsections 3, 6 and 7. If the court suspends the period of confinement in whole or 
in part, the comt shall impose a period of administrative release not to exceed one year. 
The administrative release must be administered pursuant to Title 17-A, chapter -54--G fil_,_ 
subchapter 2, and revocation of the administrative release is governed by the provisions 
of that chapter subchapter. 
Sec. C-74. 29-A MRSA §2054, sub-§4, as amended by PL 1997, c. 162, §1, is 
further amended to read: 
4. Right-of-way. An authorized emergency vehicle operated in response to, but not 
retuming from, a call or fire alann or operated in pursuit of an actual or suspected 
violator of the law has the right-of-way when emitting a visual signal using an emergency 
light and an audible signal using a bell or siren. On the approach of any such vehicle, the 
operator of every other vehicle shall immediately draw that vehicle as near as practicable 
to the right-hand curb, parallel to the curb and clear of any intersection and bring it to a 
standstill until the authorized emergency vehicle has passed. 
A violation of this 
subsection is a Class E crime that, not'tvithstanding Title 17 ,",, section 1301, is 
punishable by a minimum fine of $250 for the first offense and for a 2nd offense 
occurring within 3 years of the first offense a mandatory 30-day suspension of a driver's 
license. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 280, L.D. 374 
I 
Sec. C-75. 29-A MRSA §2308, sub-§6, as enacted by PL 1993, c. 683, Pt. A, §2 
and affected by Pt. B, §5, is amended to read: 
6. Penalty. A violation of this section is a Class E crime which, notwithstanding 
Title 17 f,, section 1301, that is punishable by a $250 minimum fine for the first offense 
and a mandatory 30-day suspension of a driver's license for a 2nd offense occurring 
within 3 years of the first offense. 
Sec. C-76. 30-A MRSA §1557-B, sub-§4, ~' as enacted by PL 2015, c. 335, 
§ 16, is amended to read: 
B. The prisoner becomes eligible for meritorious good time deductions as provided 
in Title 17-A, section~ 2302, subsection I, section 2305, section 2307, section 
2308, section 2309, section 2310 or section 2311 for a prisoner sentenced to 
imprisonment in a county jail; 
Sec. C-77. 30-A MRSA §1557-B, sub-§4, 1C, as enacted by PL 2015, c. 335, 
§ 16, is amended to read: 
C. The prisoner becomes eligible for release and discharge as provided in Title 17-A, 
section +2-M 23 14, subsection 1 for a prisoner sentenced to imprisonment in a county 
jail; 
Sec. C-78. 30-A MRSA §1605, sub-§1, 1G, as enacted by PL 1987, c. 737, Pt. 
A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 
10, is further amended to read: 
G. To work or provide service to the victim of the crime in accordance with Title 
17-A, chapter M 69, but only with the express approval of the victim. 
Sec. C-79. 30-A MRSA §1605, sub-§5, ~' as amended by PL 2003, c. 413, §4, 
is futther amended to read: 
D. Payments, either in full or ratably, of restitution, and of the prisoners' obligations, 
acknowledged in writing, in accordance with Title 17-A, chapter M 69, or that have 
been reduced to judgment; 
Sec. C-80. 30-A MRSA §1606, sub-§2, as amended by PL 2013, c. 519, §9, is 
fmther amended to read: 
2. Sentence prorated. Inmates participating in a public works-related project or an 
improvement of property owned by a charitable organization under this section may have 
their sentences to the jail prorated at the rate of up to one day removed from the sentences 
for eve1y 16 hours of patticipation in the project, except that inmates committed to the 
custody of the sheriff for nonpayment of fines under Title 17-A, section -l-W4 1711 must 
5 
have their sentences prorated at the rate that is applicable to the individual inmate 
pursuant to Title 17-A, sectionti-041711, subsectionJ.1,, paragraph A, subparagraph (1). 
Sec. C-81. 30-A MRSA §1659-A, sub-§2, ~' as enacted by PL 2009, c. 391, 
§6, is amended to read: 
E. The inmate serves a minimum of 1/3 of the term of imprisonment, or, in the case 
of a split sentence, a minimum of 1/3 of the unsuspended po1tion, prior to 
patticipating in a community confinement monitoring program. In calculating the 
COMMITTEE AMENDMENT 
COMMITrEE AMENDMENT" A" to H.P. 280, L.D. 374 
amount of time served, good time or deductions earned under Title 17-A, section 
R£ 2302, subsection 1, section 2305, section 2307, section 2308, section 2309, 
section 2310 or section 2311 and time reductions earned for charitable or public 
works projects under section 1606 must be counted; and 
Sec. C-82. 30-A MRSA §3972, sub-§8, as enacted by PL 2013, c. 398, §1, is 
amended to read: 
8. Violations. A dealer who violates any of the requirements of this section is guilty 
of a Class E crime except as specified in subsection 2, paragraph E. A court may award 
restitution pursuant to Title 17-A, section ~ 
2005 to any victim, including a dealer, 
who suffers an economic loss as the result of a violation of this section. 
Sec. C-83. 32 MRSA §11304, sub-§1, as amended by PL 1989, c. 542, §78, is 
further amended to read: 
1. Knowing violation. Any person who knowingly violates any provision of this 
chapter or any rule or order of the administrator under this chapter shall be !§_ guilty of a 
Class C crime, provided except that, notwithstanding Title 17-A, section 1301 sections 
1704 and 1705, the maximum fine shal-l-be is $10,000 or any higher amount wh-i-eh that 
does not exceed twice the pecuniary gain derived from the crime by the defendant 
pursuant to Title 17-A, section 1706, subsection 1. 
Sec. C-84. 32 MRSA §13731, sub-§3, as enacted by PL 1987, c. 710, §5, is 
amended to read: 
3. Violation. Any person who violates this chapter commits a Class E crime and, 
notwithstanding Title 17-A, section 1301 sections 1704 and 1705, may be punished by a 
fine of not more than $1,000. Each violation of each section of this chapter constitutes a 
separate offense. 
Sec. C-85. 32 MRSA §15223, sub-§4, as enacted by PL 2001, c. 573, Pt. B, §27 
and affected by §36, is amended to read: 
4. Class of crime; enhanced fine. Criminal operation of an elevator or tramway is a 
Class E crime. However, notwithstanding Title 17-A, section HM 1704, subsection -1-A, 
paragraph E ~ or Title 17-A, section rn 1705, subsection 3, paragraph E ~' the court 
may impose an enhanced fine. The fine amount above that authorized under Title 17-A, 
section HM 1704, subsection 5 or Title 17-A, section 1705, subsection 5 is based solely 
on the number of days of criminal operation pleaded and proved by the State. For each 
day of criminal operation pleaded and proved, the court may increase the fine amount by 
up to $100 for each of those days. 
Sec. C-86. 32 MRSA §15223, sub-§5, as enacted by PL 2001, c. 573, Pt. B, §27 
and affected by §36, is amended to read: 
5. Imposition of sentence without enhanced fine. Nothing in subsection 3 or 4 
8 
may be construed to restrict a court, in imposing any authorized sentencing alternative, 
including a fine in an amount authorized under Title 17-A, section -1-34+ 1704, subsection 
A, paragraph E ~ or Title 17-A, section HM 1705, subsection 3, paragraph E ~' from 
considering the number of days of illegal operation, along with any other relevant 
sentencing factor, which need not be pleaded or proved by the State. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 280, L.D. 374 
Sec. C-87. 34-A MRSA §3032, sub-§4, as amended by PL 1997, c. 464, §11, is 
further amended to read: 
4. Withdrawal of deductions. All punishments involving loss of good time or 
withdra1tval of deductions subject to being withdrawn must be first approved by the chief 
administrative officer. 
Sec. C-88. 34-A MRSA §3035, first ,r, as amended by PL 1991, c. 314, §40, is 
further amended to read: 
The commissioner may adopt, implement and establish rules for rehabilitative 
programs, including work release, restitution and furlough and restitution, as authorized 
by Title 17-A, chapter M 69, within the facilities under the commissioner's control. 
· 
Sec. C-89. 34-A MRSA §3035, sub-§4, ,rB, as corrected by RR 2009, c. 2, §93, 
is amended to read: 
B. Interference with a rehabilitative program or furlough is a Class E crime, except 
that, notwithstanding Title 17-A, section 1604, subsection 1, paragraph E, the coutt 
may sentence a person to imprisonment for not more than 11 months. 
Sec. C-90. 34-A MRSA §3035, sub-§5, as amended by PL 1991, c. 314, §40, is 
further amended to read: 
5. Time served before furlough. No furlough may be granted until the client has 
served 50% of the original sentence imposed, after consideration of any good time 
deductions that the client has received and retained under Title 17-A, section mJ. 2302, 
subsection 1, section 2305, section 2307, section 2308, section 2309, section 2310 or 
section 2311. 
This section does not apply to furloughs granted under subsection 2, 
paragraph B or C. 
Sec. C-91. 34-A MRSA §3036-A, sub-§2, ,fB, as amended by PL 2001, c. 141, 
§ 1, is fmther amended to read: 
B. A prisoner may not be transferred to supervised community confinement until the 
prisoner has served at least 2/3 of the term of imprisonment imposed or, in the case of 
a split sentence, at least 2/3 of the unsuspended portion, after consideration of any 
deductions that the prisoner has received and retained under Title 17-A, section mJ. 
2302, subsection I, section 2305, section 2307, section 2308, section 2309, section 
2310 or section 2311 if the tenn of imprisonment or, in the case of a split sentence, 
the unsuspended portion is more than 5 years. A prisoner may not be transferred to 
supervised community confinement until the prisoner has served at least 1/2 of the 
tenn of imprisonment imposed or, in the case of a split sentence, at least 1/2 of the 
unsuspended pottion after consideration of any deductions that the prisoner has 
received and retained under Title 17-A, section rn 2302, subsection 1, section 
2305, section 2307, section 2308, section 2309, section 2310 or section 2311 if the 
8 
term of imprisonment or, in the case of a split sentence, the unsuspended portion is 5 
years or less. 
Sec. C-92. 34-A MRSA §3036-A, sub-§2, ,re, as amended by PL 2007, c. 240, 
Pt. ZZZ, §2, is fu1ther amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 280, L.D. 374 
C. 
Except as provided in paragraph C-1, a prisoner may not be transferred to 
supervised community confinement unless the prisoner has no more than 18 months 
remaining on the term of imprisonment or, in the case of a split sentence, on the 
unsuspended portion, after consideration of any deductions that the prisoner has 
received and retained under Title 17-A, section -±±£. 2302, subsection 1, section 
2305, section 2307, section 2308, section 2309, section 2310 or section 2311. 
Sec. C-93, 34-A MRSA §3036-A, sub-§2, 1C-1, as enacted by PL 2003, c. 711, 
Pt. A, §22 and affected by Pt. D, §2, is amended to read: 
C-1. If the commissioner determines that the average statewide probation case load 
IO 
is no more than 90 probationers to one probation officer, then a prisoner may be 
transferred to supervised community confinement if that prisoner has no more than 2 
years remaining on the term of imprisonment or, in the case of a split sentence, on the 
unsuspended portion, after consideration of any deductions that the prisoner has 
received and retained under Title 17-A, section -±±£. 2302, subsection l, section 
2305, section 2307, section 2308, section 2309, section 2310 or section 2311. 
Sec. C-94. 34-A MRSA §3036-A, sub-§4, 1A, as enacted by PL 1991, c. 845, 
§4, is amended to read: 
A. Any condition that may be imposed as a condition of probation pursuant to Title 
17-A, section,l.;W41807; and 
Sec. C-95. 34-A MRSA §3036-A, sub-§9, as amended by PL 1997, c. 464, §12, 
is further amended to read: 
9. 
Probation violation; revocation. 
If a prisoner on supervised community 
confinement violates a condition of supervised community confinement imposed on the 
prisoner and if the violation conduct is also a violation of a condition of probation 
imposed as part of the sentence the prisoner is serving while on supervised community 
confinement, a probation officer may file with any comt a motion for revocation of 
probation and the court may revoke probation as specified in Title 17-A, section ~ 
1812. 
Sec. C-96. 34-A MRSA §3042, sub-§3, 1C, as enacted by PL 1983, c. 459, §6, 
is amended to read: 
C. A ce1tificate of the commissioner, warden or other official having custody of the 
2 
prisoner stating: 
(1) The term of commitment under which the prisoner is held; 
(2) The time already served on the sentence; 
(3) The time remaining to be served; 
6 
( 4) The amount of good time om·nod total of deductions received and retained; 
(5) The time of parole eligibility of the prisoner; and 
(6) Any decisions of the State Parole Board relating to the prisoner. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A 
"to H.P. 280, L.D. 374 
Sec. C-97. 34-A MRSA §3047, sub-§2, as amended by PL 2007, c. 102, §9, is 
further amended to read: 
2. Money. May give the prisoner an amount equal to the net salary of a single wage 
earner with no dependents for 40 hours of work at the state minimum wage less all 
applicable state and federal deductions provided except that any amount in excess of $50 
may not be provided by the General Fund, except that the commissioner may not give 
money to a prisoner who: 
A. Has, within the 6 months prior to the date of parole or discharge, transferred from 
the department's general client account to any person more than $500, excluding any 
money transferred for the suppmi of dependents; or 
B. Has, on the date of parole or discharge, more than $500 in personal assets. 
Money received by the prisoner under this subsection is not subject to section 3032, 
subsection 5-A or 5-B or Title 17-A, section~ 2016, subsection 2; 
Sec. C-98. 34-A MRSA §3061, sub-§1, as amended by PL 2013, c. 28, §10, is 
fmiher amended to read: 
1. Transfer. The commissioner may transfer any client from one correctional or 
detention facility or program, including prerelease centers, work release centers, halfway 
houses, supervised community confinement or specialized treatment facilities, to another. 
A juvenile may not be transferred to another facility or program for adult offenders and 
an adult offender may not be transferred to another facility or program for juveniles, 
except that an adult offender may be housed in the Long Creek Youth Development 
Center or the Mountain View Youth Development Center pursuant to section 3 816 or 
4117 or Title 17-A, section~ 1611. 
Sec. C-99. 34-A MRSA §3061, sub-§2, ~' as repealed and replaced by PL 
1983, c. 581, §§26 and 59, is amended to read: 
B. The person becomes eligible for release and discharge as provided in Title 17-A, 
section-+±M 2314. 
Sec. C-100. 34-A MRSA §3063-C, sub-§4, ,f,fB and C, as enacted by PL 
2015, c. 335, §28, are amended to read: 
B. 
The prisoner becomes eligible for meritorious good time or deductions as 
provided in Title 17-A, section+±£ 2302, subsection 1, section 2305, section 2307, 
section 2308, section 2309, section 2310 or section 2311 for a prisoner committed to 
the depatiment; 
C. The prisoner becomes eligible for release and discharge as provided in Title 17-A, 
section -+±M 2314, subsection 1 for a prisoner committed to the department; 
Sec. C-101. 34-A MRSA §3802, sub-§1, ,rJ, as enacted by PL 2007, c. 686, §4, 
is amended to read: 
8 
I. To confine juveniles committed to a juvenile correctional facility pursuant to Title 
17-A, section~ 1611. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A 
"to H.P. 280, L.D. 374 
I 
Sec. C-102. 34-A MRSA §4102-A, sub-§1, 11, as enacted by PL 2007, c. 686, 
§7, is amended to read: 
I. To confine juveniles committed to a juvenile correctional facility pursuant to Title 
17-A, section~ 1611. 
Sec. C-103. 34-A MRSA §5001, sub-§6, as enacted by PL 1983, c. 459, §6, is 
amended to read: 
6. Parole. "Parole" is a release procedure by which a person may be released from a 
correctional facility by the State Parole Board prior to the expiration of his the person's 
maximum term, parole status being in effect under Title 17-A, section rn4 2314, 
subsection J. i, with all provisions of prior laws governing parole continuing in effect. 
Sec. C-104. 34-A MRSA §5211, sub-§2, as enacted by PL 1983, c. 459, §6, is 
amended to read: 
2. Restitution. The board may authorize and impose as a condition of parole that the 
person make restitution to his the person's victim or other authorized claimant in 
accordance with Title 17-A, chapter-M-69. 
Sec. C-105. 34-A MRSA §9603, sub-§1, as enacted by PL 1983, c. 459, §6, is 
amended to read: 
1. Trial pending. Whenever a person has entered upon a term of imprisonment in a 
penal or correctional institution of a party state, and whenever during the continuance of 
the term of imprisonment there is pending in any other party state any untried indictment, 
information or complaint on the basis of which a detainer has been lodged against the 
prisoner, he shall the prisoner must be brought to trial within 180 days after he shall have 
the prisoner has caused to be delivered to the prosecuting officer and the appropriate 
court of the prosecuting officer's jurisdiction written notice of the place of his the 
prisoner's imprisonment and his the prisoner's request for final disposition to be made of 
the indictment, information or complaint, provided except that, for good cause shown in 
open court, the prisoner or his- the prisoner's counsel being present, the court having 
jurisdiction of the matter may grant any necessary or reasonable continuance. 
The 
request of the prisoner shall must be accompanied by a certificate of the appropriate 
official having custody of the prisoner, stating the term of commitment under which the 
prisoner is being held, the time already served, the time remaining to be served on the 
sentence, the amount of good time earned total of deductions received and retained, the 
time of parole eligibility of the prisoner and any decisions of the state parole agency 
relating to the prisoner. 
Sec. C-106. 34-A MRSA §9604, sub-§2, as enacted by PL 1983, c. 459, §6, is 
amended to read: 
2. Certificate. Upon receipt of the officer's written request as provided in subsection 
8 
1, the appropriate authorities having the prisoner in custody shall furnish the officer with 
a certificate stating the tenn of commitment under which the prisoner is being held, the 
time already served, the time remaining to be served on the sentence, the amount of good 
time earned total of deductions received and retained, the time of parole eligibility of the 
prisoner and any decisions of the state parole agency relating to the prisoner. 
Said 
authorities simultaneously shall furnish all other officers and appropriate cowis in the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"~" to H.P. 280, L.D. 374 
receiving state who have lodged detainers against the prisoner with similar certificates 
and with notices informing them of the request for custody or availability and of the 
reasons therefor. 
Sec. C-107. 34-A MRSA §9605, sub-§6, as enacted by PL 1983, c. 459, §6, is 
amended to read: 
6. Time on sentence. During the continuance of temporary custody or while the 
prisoner is otherwise being made available for trial as required by this agreement, time 
being served on the sentence shall continue continues to run, but good time shall be 
deductions for good behavior and program participation are earned by the prisoner only 
if, and to the extent that, the law and practice of the jurisdiction whieh that imposed the 
sentence may allow. 
Sec. C-108. 34-A MRSA §11273, sub-§3, as amended by PL 2013, c. 133, §33, 
is futiher amended to read: 
3. 
Conditional release. 
"Conditional release" means supervised release of a 
registrant or an offender from institutional confinement for placement on probation, 
parole, supervised release for sex offenders, supervised community confinement, home 
release monitoring or release under Title 15, section I 04-A or Title 17-A, chapter M--G 
67, subchapter 2. 
Sec. C-109. 34-B MRSA §1203-A, sub-§7, ~, as enacted by PL 1989, c. 227, 
§I, is amended to read: 
B. Notwithstanding Title 17-A, sections 4-A and 1301, 1704 and 1705, unlicensed 
operation of a mental health service facility is punishable by a fine of not more than 
$500 or by imprisonment for not more than 60 days. 
Sec. C-110. 34-B MRSA §1220, sub-§1, ,A, as corrected by RR 1997, c. I, 
§27, is amended to read: 
A. To provide repmis in a timely fashion on behalf of the depatiment in response to 
any requests made by a court pursuant to Title 17-A, section rn4 1807, subsection 4 
and to undetiake or cause to be undetiaken such inquiries or evaluations as are 
necessary to complete the repmis; 
Sec. C-111. 34-B MRSA §1220, sub-§1, ,c, as enacted by PL 1997, c. 422, §3, 
is amended to read: 
C. To receive any notice of imposition of a condition of probation given pursuant to 
Title 17-A, section rn4 1807, subsection 4 and to assess or to obtain an assessment 
of the appropriateness and availability of the mental health services necessary for an 
individual to meet the conditions of probation imposed. 
Sec. C-112. 36 MRSA §112-A, sub-§4, as enacted by PL 2007, c. 539, Pt. 00, 
§4, is amended to read: 
8 
4. Accounting. The creditor agency shall credit the account of the debtor with the 
full amount of the collected debt, including the collection fee retained by, or reimbursed 
to, the assessor, except that the collection fee may not be credited to the account of an 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 280, L.D. 374 
I 
individual required to make restitution as provided in Title 17-A, section ~ 
1502, 
subsection 2,-A .:!:. 
Sec. C-113. 36 MRSA §5276-A, sub-§6, as amended by PL 2005, c. 389, §9, is 
further amended to read: 
6. Accounting. The creditor agency shall credit the account of the individual whose 
refund has been set off with the full amount of the setoff, including the collection fee 
retained by, or reimbursed to, the State Tax Assessor, except that the collection fee may 
not be credited to the account of an individual required to make restitution as provided in 
Title 17-A, section~ 1502, subsection 2,-A .:!:, 
Sec. C-114. 37-B MRSA §806, sub-§3, as repealed and replaced by PL 2003, c. 
452, Pt. V, §2 and affected by Pt. X, §2, is amended to read: 
3. Criminal penalties. The following penalties apply to the following violations. 
A. A person who intentionally, knowingly or recklessly fails to comply with the 
reporting requirements of section 798, subsection I commits a Class C crime and, 
notwithstanding Title 17-A, section rn 1704, subsection 3 and section 1705, 
subsection 4, is subject to a fine of not more than $25,000. 
B. A person who violates paragraph A when the person has a prior conviction for 
violation of paragraph A commits a Class C crime and, notwithstanding Title 17-A, 
section rn 1704, subsection 3 and section 1705, subsection 4, is subject to a fine of 
not more than $50,000. Title 17-A, section 9-A governs the use of prior convictions 
when determining a sentence. 
Sec. C-115. 38 MRSA §344-A, sub-§4, as enacted by PL 1991, c. 471, is 
amended to read: 
4. 
Penalty. 
Notwithstanding section 349, any person who knowingly violates 
subsection 3 is guilty of a Class D crime. Notwithstanding Title 17-A, seotions section 
4-A and 1301, section 1704, subsection 4 and section 1705, subsection 5, the fine for 
each violation may not be less than $5,000 nor more than $25,000. 
Sec. C-116. 38 MRSA §349, sub-§1, as amended by PL 2003, c. 452, Pt. W, §2 
and affected by Pt. X, §2, is further amended to read: 
1. Criminal penalties. Except as otherwise specifically provided, a person who 
intentionally, knowingly, recklessly or with criminal negligence violates a law 
administered by the department, including, without limitation, a violation of the terms or 
conditions of an order, rule, license, permit, approval or decision of the board or 
commissioner, or who disposes of more than 500 pounds or more than 100 cubic feet of 
5 
litter for a commercial purpose, in violation of Title 17, section 2264-A, commits a Class 
E crime. Notwithstanding Title 17-A, section rn 1704, subsection 5 and section 1705, 
subsection 5, the fine for a violation of this subsection may not be less than $2,500 and 
8 
not more than $25,000 for each day of the violation, except that the minimum amount for 
knowing violations is $5,000 for each day of violation. 
This subsection does not apply to actions subject to the criminal penalties set forth in 
section 1319-T. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" /)t" to H.P. 280, L.D. 374 
Sec. C-117. 38 MRSA §349, sub-§3, as repealed and replaced by PL 2003, c. 
452, Pt. W, §4 and affected by Pt. X, §2, is amended to read: 
3. Falsification and tampering. A person may not knowingly: 
A. Make a false statement, representation or certification in an application, record, 
report, plan or other document filed or required to be maintained by any law 
administered by the department or by any order, rule, license, permit, approval or 
decision of the board or commissioner; 
B. Tamper with or render inaccurate a monitoring device or method required by any 
law or by any order, rule, license, permit, approval or decision of the board or 
commissioner; or 
C. 
Fail to comply with an information submittal required by the commissioner 
pursuant to section 568, subsection 3 or section 1364, subsection 3. 
A person who violates this subsection commits a Class E crime. Notwithstanding Title 
17-A, section rn 1704, subsection 5, a fine for a violation of this subsection may not be 
more than $10,000. 
Sec. C-118. 38 MRSA §1316-M, sub-§4, as amended by PL 2003, c. 452, Pt. 
W, § 10 and affected by Pt. X, §2, is further amended to read: 
4. Transporting without license or manifest; penalties. A person who transports 
scrap tires without a license or without a manifest as required by depa1tment rules 
commits a Class E crime. Violation of this subsection is a strict liability crime as defined 
in Title 17-A, section 34, subsection 4-A. The minimum fines for transporting scrap tires 
without a license or without a manifest are as follows: 
A. For a vehicle with a registered gross weight of up to 12,000 pounds, $500; 
B. 
For a vehicle with a registered gross weight of between 12,001 and 34,000 
pounds, $2,000; and 
C. For a vehicle with a registered gross weight of over 34,000 pounds, $4,500. 
This minimum fine may not be suspended, but it may be reduced by the amount of the 
disposal fee paid by the transp01ter for disposal of the truckload of tires at a licensed 
waste facility. Notwithstanding Title 17-A, section rn 1704, the maximum fine under 
this subsection is not more than $10,000 per violation. 
Sec. C-119. 38 MRSA §1316-M, sub-§5, as enacted by PL 2003, c. 452, Pt. W, 
§ 11 and affected by Pt. X, §2, is amended to read: 
5. Transporting after summons or arrest. A person who, after being issued a 
summons or arrested for a violation of the license or manifest requirements, transpmts the 
5 
scrap tires to an unlicensed, nonexempt waste facility commits a Class D crime. 
Violation of this subsection is a strict liability crime as defined in Title 17-A, section 34, 
subsection 4-A. Notwithstanding Title 17-A, section 1301 sections 1704 and 1705, the 
maximum fine under this subsection is not more than $25,000 per violation. 
Sec. C-120. 38 MRSA §1319-T, as amended by PL 1991, c. 548, Pt. A, §32, is 
fu1ther amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 280, L.D. 374 
§1319-T. Criminal provisions 
In addition to being subject to civil penalties as provided by section 349, subsection 2 
and to criminal penalties as provided in section 349, subsection 3, conduct described in 
subsections 1 and 2 is subject to criminal penalties as follows. 
1. Penalty provisions. Any person is guilty of a Class C crime and may be punished 
accordingly if that person, 
with respect to any substance or material that has been 
identified as hazardous waste by the board and that the person believes may be harmful to 
human health or knows or has reason to know has been so identified, knowingly: 
A. Transpmis any such substance or material without, in fact, having a proper license 
or permit as may be required under this subchapter; 
B. 
Transp01is any such substance or material to a waste facility knowing or 
consciously disregarding a risk that such facility does not have a proper license or 
permit as may be required under this subchapter; 
C. Handles any such substance or material without, in fact, having obtained a proper 
license or permit to do so as may be required under this subchapter; or 
D. Handles any such substance or material at any location lmowing or consciously 
disregarding a risk that such location does not have a proper license or pennit as may 
be required under this subchapter for such treatment, storage or disposal. 
Notwithstanding Title 17-A, section +W-1- 1704, subsection 1, paragraph A 1 J or Title 
17-A, section rn 1705, subsection 3, paragraph D :!_, the fine for such violation may not 
exceed $50,000 for each day of such violation. In a prosecution under paragraph B or D, 
the conscious disregard of the risk, when viewed in light of the nature and purpose of the 
person's conduct and the circumstances known to the person, must involve a gross 
deviation from the standard of conduct that a reasonable and prudent person would 
observe in the same situation. 
2. Class D crimes. A person is guilty of a Class D crime if, with respect to any 
substance or material that, in fact, has been identified as hazardous waste by the board 
and that the person knows or has reason to believe has been so identified or may be 
harmful to human health, that person knowingly: 
A. 
Establishes, constructs, alters or operates any waste facility for any such 
substance or material without, in fact, having obtained a proper license or pennit as 
may be required under this subchapter; 
B. Handles or transpmis any substance or material identified as hazardous waste by 
the board in any manner that violates the terms of any condition, order, rule, license, 
permit, approval or decision of the board or commissioner with respect to the 
handling or transporting of that substance or material; or 
7 
C. Gives custody or possession of any such substance or material to any other person 
8 
whom that person lmows or has reason to believe: 
(1) Does not have a license or permit to transport or handle such substance or 
material as may be required under this subchapter; or 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 280, L.D. 374 
(2) 
Will transpmt or handle such substance or material in violation of this 
subchapter or rules adopted under it. 
A person who violates the provisions of this subsection may be punished accordingly, 
except that, notwithstanding Title 17-A, section rn 1704, subsection 1, paragraph B, 1 
or Title 17-A, section rn 1705, subsection 3, paragraph E ~' the fine for such violation 
may not exceed $25,000 for each day of the violation. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment is the majority repoti of the committee. The amendment corrects 
cross-references in the bill. 
The amendment clarifies that the maximum term of 
imprisonment for a Class D crime is less than one year, as is consistent with current law, 
instead of one year. The amendment clarifies that when an individual is committed to a 
Depaitment of Corrections correctional facility the sentence commences on the date on 
which the individual is received into the correctional facility designated as the place of 
confinement by the Commissioner of Corrections or the commissioner's designee instead 
of designated solely by the commissioner. In the sections of the bill on deductions from 
sentence, the amendment clarifies that the restoration of ce1tain deductions requires a 
determination that is in the discretion of the chief administrative officer of the 
correctional facility or the jail administrator. 
The amendment requires that a court terminate probation, administrative release or 
supervised release if the comt determines that the previously imposed sentence and the 
new sentence must be served consecutively. 
The amendment requires that a person who is being detained for the conduct for 
which the sentence is imposed receives credit for time detained in a mental health 
institute. 
The amendment, in Pait C, updates cross-references in other paits of the Maine 
Revised Statutes to reflect the repeal and reallocation of sections of law affected in the 
bill. 
The amendment adds an emergency preamble and emergency clause to the bill. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/30/17 feac.. 
LD374 
LR 331(02) 
An Act To Recodify and Revise Certain Portions of the Maine Criminal Code 
Fiscal Note for Bill as Amended by Committee Amendment ff,{ H-.2~3) 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor revenue decrease - General Fund 
Correctional and Judicial Impact Statements 
A reduction in fines will decrease General Fund revenue by minor amounts. 
LR0331 (02) - Fiscal Note - Page 1 of 1