An Act To Implement Certain Recommendations of the Criminal Law Advisory Commission Relative to the Maine Criminal Code and Related Statutes
Maine Legislature, Session 128, LD 1091
Committee: Criminal Justice and Public Safety
Amends: 15 MRSA §393, 15 MRSA §1094-C, 16 MRSA §703, 16 MRSA §708, 17-A MRSA §33, 17-A MRSA §505, 17-A MRSA §207-A, 17-A MRSA §209-A, 17-A MRSA §210-B, 17-A MRSA §210-C, 17-A MRSA §211-A, 17-A MRSA §1101, 17-A MRSA §1102, 30-A MRSA §3821, 34-A MRSA §1216

Legislative Document
No. 1091
H.P. 765
House of Representatives, March 21, 2017
An Act To Implement Certain Recommendations of the Criminal 
Law Advisory Commission Relative to the Maine Criminal Code 
and Related Statutes
(EMERGENCY)
Reported by Representative WARREN of Hallowell for the Criminal Law Advisory 
Commission pursuant to the Maine Revised Statutes, Title 17-A, section 1354, subsection 2.
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed pursuant to Joint Rule 218.
ROBERT B. HUNT
Clerk
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, this legislation amends the Maine Criminal Code to correct errors in the 
definitions of "cocaine" and "heroin" in the controlled substances laws, to clarify that the 
dissemination of certain information pertaining to a person receiving services from the 
Department of Corrections may be made to any criminal justice agency if necessary to 
carry out the administration of criminal justice as defined in the Criminal History Record 
Information Act and the Intelligence and Investigative Record Information Act and to 
clarify and amend other provisions of the Maine Criminal Code; and 
Whereas, the amendments to law are immediately necessary to the administration of 
justice; 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, 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-1.  15 MRSA §393, sub-§1-B, as amended by PL 2015, c. 470, §3, is 
further amended to read: 
1-B.  Prohibition for domestic violence offenses.  A person may not own, possess 
or have under that person's control a firearm if that person: 
A.  Has been convicted of committing or found not criminally responsible by reason 
of insanity of committing: 
(1) A Class D crime in this State in violation of Title 17-A, section 207-A, 
209-A, 210-B, 210-C or 211-A; or 
(2) A crime under the laws of the United States or any other state that in 
accordance with the laws of that jurisdiction is elementally substantially similar 
to a crime in subparagraph (1). 
Violation of this paragraph is a Class C crime; or 
B.  Has been adjudicated in this State or under the laws of the United States or any 
other state to have engaged in conduct as a juvenile that, if committed by an adult, 
would have been a disqualifying conviction under this subsection.  Violation of this 
paragraph is a Class C crime. 
Except as provided in subsection 1-A, the prohibition created by this subsection for a 
conviction or adjudication of an offense listed in paragraph A or B expires 5 years from 
the date the person is finally discharged from the sentence imposed as a result of the 
conviction or adjudication if that person has no subsequent criminal convictions during 
that 5-year period.  If a person is convicted of a subsequent crime within the 5-year 
period, the 5-year period starts anew from the date of the subsequent conviction.  In the 
case of a deferred disposition, the 5-year period begins at the start of the deferred 
disposition period.  If, at the conclusion of the deferred disposition period, the court 
grants the State's motion to allow a person to withdraw the plea and the State dismisses 
the pending charging instrument charge that gave rise to the prohibition with prejudice, 
the 5-year period terminates. 
For the purposes of this subsection, a person is deemed to have been convicted or 
adjudicated upon the acceptance of a plea of guilty or nolo contendere or a verdict or 
finding of guilty, or of the equivalent in a juvenile case, by a court of competent 
jurisdiction.  
For the purposes of this subsection, a person is deemed to have been found not criminally 
responsible by reason of insanity upon the acceptance of a plea of not criminally 
responsible by reason of insanity or a verdict or finding of not criminally responsible by 
reason of insanity, or of the equivalent in a juvenile case, by a court of competent 
jurisdiction. 
The provisions of this subsection apply only to a person convicted, adjudicated or placed 
on deferred disposition on or after October 15, 2015. 
Sec. A-2.  15 MRSA §1094-C is enacted to read: 
§1094-C.  Improper contact with alleged murder victim's family or household 
member 
1.  Improper contact.  A person is guilty of improper contact with an alleged murder 
victim's family or household member if: 
A.  The person is being detained as a result of the person's arrest for the intentional or 
knowing murder of the alleged victim; 
B.  A Harnish bail proceeding: 
(1)  Has not yet taken place; 
(2)  Has been waived in open court by the person; or 
(3)  Has taken place and the person's conditional right to bail has been 
extinguished and bail has been denied by the court; 
C.  The person: 
(1)   In the circumstance specified in paragraph B, subparagraph (1) is notified, in 
writing or otherwise, by the detaining county jail, correctional facility or mental 
health institute staff not to make direct or indirect contact with any specifically 
identified family or household member of the alleged victim of the crime for 
which the person is being detained; or 
(2)  In the circumstance specified in paragraph B, subparagraph (2) or (3) is 
notified on the record or in writing by the court not to make direct or indirect 
contact with any specifically identified family or household member of the 
alleged victim of the crime for which the person is being detained; and 
D.  After the notification specified in paragraph C, the person intentionally or 
knowingly makes direct or indirect contact with the specifically identified family or 
household member of the alleged victim of the crime for which the person is being 
detained. 
As used in this subsection, "family or household member" has the same meaning as in 
Title 19-A, section 4002, subsection 4. 
2.  Penalty.  Violation of this section is a Class C crime. 
PART B 
Sec. B-1.  16 MRSA §703, sub-§2, ¶L, as enacted by PL 2013, c. 267, Pt. A, §2, 
is amended to read: 
L.  Information disclosing that a person has petitioned for and been granted a full and 
free pardon or amnesty. 
Sec. B-2.  16 MRSA §708, sub-§7, as enacted by PL 2013, c. 267, Pt. A, §2, is 
amended to read: 
7.  Pardons, other than full and free pardons, commutations, reprieves and 
amnesties.  Petitions for and warrants of pardons, commutations, reprieves and amnesties 
other than warrants of full and free pardons and their respective petitions. 
PART C 
Sec. C-1.  17-A MRSA §33, as enacted by PL 1981, c. 324, §14, is repealed and 
the following enacted in its place: 
§33.  Result as an element; causation 
1.  Unless otherwise provided, when causing a result is an element of a crime, 
causation may be found when the result would not have occurred but for the conduct of 
the defendant, operating either alone or concurrently with another cause. 
2.  In cases in which concurrent causation is generated as an issue, the defendant’s 
conduct must also have been sufficient by itself to produce the result. 
Sec. C-2.  17-A MRSA §505, sub-§2, as repealed and replaced by PL 2015, c. 
358, §2, is amended to read: 
2.    As used in this section, "public way" means a way, including a sidewalk, owned 
and maintained by the State, a county or a municipality over which the general public has 
a right to pass by foot or by vehicle, a way upon which the public has access as invitees 
or licensees or a way under the control of park commissioners or a body having like 
powers. 
PART D 
Sec. D-1.  17-A MRSA §207-A, sub-§1, ¶B, as amended by PL 2011, c. 640, Pt. 
B, §1, is further amended to read: 
B.  The person violates paragraph A and at the time of the offense: 
(1)  Has one or more prior convictions for violating paragraph A or for violating 
section 209-A, 210-B, 210-C or 211-A or one or more prior convictions for 
engaging in conduct substantially similar to that contained in paragraph A or in 
section 209-A, 210-B, 210-C or 211-A in another jurisdiction; 
(2)  Has one or more prior convictions for violating Title 19-A, section 4011, 
subsection 1 or one or more prior convictions for engaging in conduct 
substantially similar to that contained in Title 19-A, section 4011, subsection 1 in 
another jurisdiction; or 
(3)  Has one or more prior convictions for violating Title 15, section 1092, 
subsection 1, paragraph B when the condition of release violated is specified in 
Title 15, section 1026, subsection 3, paragraph A, subparagraph (5) or (8) when 
the alleged victim in the case for which the defendant was on bail was a family or 
household member as defined in Title 19-A, section 4002, subsection 4.; or 
(4)  Has one or more prior convictions for violating section 208, 208-B or 208-C, 
and the State had pled and proved that the victim of the applicable prior 
conviction was a family or household member, as defined in Title 19-A, section 
4002, subsection 4, or has one or more prior convictions in another jurisdiction 
for engaging in conduct substantially similar to that contained in section 208, 
208-B or 208-C and it had been pled and proved that the victim was a family or 
household member. 
Violation of this paragraph is a Class C crime. 
Sec. D-2.  17-A MRSA §209-A, sub-§1, ¶B, as amended by PL 2011, c. 640, Pt. 
B, §3, is further amended to read: 
B.  The person violates paragraph A and at the time of the offense: 
(1)  Has one or more prior convictions for violating paragraph A or for violating 
section 207-A, 210-B, 210-C or 211-A or one or more prior convictions for 
engaging in conduct substantially similar to that contained in paragraph A or in 
section 207-A, 210-B, 210-C or 211-A in another jurisdiction; 
(2)  Has one or more prior convictions for violating Title 19-A, section 4011, 
subsection 1 or one or more prior convictions for engaging in conduct 
substantially similar to that contained in Title 19-A, section 4011, subsection 1 in 
another jurisdiction; or 
(3)  Has one or more prior convictions for violating Title 15, section 1092, 
subsection 1, paragraph B when the condition of release violated is specified in 
Title 15, section 1026, subsection 3, paragraph A, subparagraph (5) or (8) when 
the alleged victim in the case for which the defendant was on bail was a family or 
household member as defined in Title 19-A, section 4002, subsection 4.; or 
(4)  Has one or more prior convictions for violating section 208, 208-B or 208-C, 
and the State had pled and proved that the victim of the applicable prior 
conviction was a family or household member, as defined in Title 19-A, section 
4002, subsection 4, or has one or more prior convictions in another jurisdiction 
for engaging in conduct substantially similar to that contained in section 208, 
208-B or 208-C and it had been pled and proved that the victim was a family or 
household member. 
Violation of this paragraph is a Class C crime. 
Sec. D-3.  17-A MRSA §210-B, sub-§1, ¶B, as amended by PL 2011, c. 640, Pt. 
B, §4, is further amended to read: 
B.  The person violates paragraph A and at the time of the offense: 
(1)  Has one or more prior convictions for violating paragraph A or for violating 
section 207-A, 209-A, 210-C or 211-A or one or more prior convictions for 
engaging in conduct substantially similar to that contained in paragraph A or in 
section 207-A, 209-A, 210-C or 211-A in another jurisdiction; 
(2)  Has one or more prior convictions for violating Title 19-A, section 4011, 
subsection 1 or one or more prior convictions for engaging in conduct 
substantially similar to that contained in Title 19-A, section 4011, subsection 1 in 
another jurisdiction; or 
(3)  Has one or more prior convictions for violating Title 15, section 1092, 
subsection 1, paragraph B when the condition of release violated is specified in 
Title 15, section 1026, subsection 3, paragraph A, subparagraph (5) or (8) when 
the alleged victim in the case for which the defendant was on bail was a family or 
household member as defined in Title 19-A, section 4002, subsection 4.; or 
(4)  Has one or more prior convictions for violating section 208, 208-B or 208-C, 
and the State had pled and proved that the victim of the applicable prior 
conviction was a family or household member, as defined in Title 19-A, section 
4002, subsection 4, or has one or more prior convictions in another jurisdiction 
for engaging in conduct substantially similar to that contained in section 208, 
208-B or 208-C and it had been pled and proved that the victim was a family or 
household member. 
Violation of this paragraph is a Class C crime. 
Sec. D-4.  17-A MRSA §210-C, sub-§1, ¶B, as amended by PL 2011, c. 640, Pt. 
B, §5, is further amended to read: 
B.  The person violates paragraph A and at the time of the offense: 
(1)  Has one or more prior convictions for violating paragraph A or for violating 
section 207-A, 209-A, 210-B or 211-A or one or more prior convictions for 
engaging in conduct substantially similar to that contained in paragraph A or in 
section 207-A, 209-A, 210-B or 211-A in another jurisdiction; 
(2)  Has one or more prior convictions for violating Title 19-A, section 4011, 
subsection 1 or one or more prior convictions for engaging in conduct 
substantially similar to that contained in Title 19-A, section 4011, subsection 1 in 
another jurisdiction; or 
(3)  Has one or more prior convictions for violating Title 15, section 1092, 
subsection 1, paragraph B when the condition of release violated is specified in 
Title 15, section 1026, subsection 3, paragraph A, subparagraph (5) or (8) when 
the alleged victim in the case for which the defendant was on bail was a family or 
household member as defined in Title 19-A, section 4002, subsection 4.; or 
(4)  Has one or more prior convictions for violating section 208, 208-B or 208-C, 
and the State had pled and proved that the victim of the applicable prior 
conviction was a family or household member, as defined in Title 19-A, section 
4002, subsection 4, or has one or more prior convictions in another jurisdiction 
for engaging in conduct substantially similar to that contained in section 208, 
208-B or 208-C and it had been pled and proved that the victim was a family or 
household member. 
Violation of this paragraph is a Class C crime. 
Sec. D-5.  17-A MRSA §211-A, sub-§1, ¶B, as amended by PL 2011, c. 640, Pt. 
B, §6, is further amended to read: 
B.  The person violates paragraph A and at the time of the offense: 
(1)  Has one or more prior convictions for violating paragraph A or for violating 
section 207-A, 209-A, 210-B or 210-C or one or more prior convictions for 
engaging in conduct substantially similar to that contained in paragraph A or in 
section 207-A, 209-A, 210-B or 210-C in another jurisdiction; 
(2)  Has one or more prior convictions for violating Title 19-A, section 4011, 
subsection 1 or one or more prior convictions for engaging in conduct 
substantially similar to that contained in Title 19-A, section 4011, subsection 1 in 
another jurisdiction; or 
(3)  Has one or more prior convictions for violating Title 15, section 1092, 
subsection 1, paragraph B when the condition of release violated is specified in 
Title 15, section 1026, subsection 3, paragraph A, subparagraph (5) or (8) when 
the alleged victim in the case for which the defendant was on bail was a family or 
household member as defined in Title 19-A, section 4002, subsection 4.; or 
(4)  Has one or more prior convictions for violating section 208, 208-B or 208-C, 
and the State had pled and proved that the victim of the applicable prior 
conviction was a family or household member, as defined in Title 19-A, section 
4002, subsection 4, or has one or more prior convictions in another jurisdiction 
for engaging in conduct substantially similar to that contained in section 208, 
208-B or 208-C and it had been pled and proved that the victim was a family or 
household member. 
Violation of this paragraph is a Class C crime. 
PART E 
Sec. E-1.  17-A MRSA §1101, sub-§§25 and 26 are enacted to read: 
25.  Cocaine.  "Cocaine" means: 
A.  Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, 
ecgonine and derivatives of ecgonine and their salts have been removed; or 
B.  A mixture or preparation that contains any quantity of any of the following 
substances: 
(1)  Cocaine, its salts, optical and geometric isomers and salts of isomers; 
(2)  Ecgonine, its derivatives, their salts, isomers and salts of isomers; or 
(3)  Cocaine base, which is the alkaloid form of cocaine. 
26.  Heroin.  "Heroin" means any compound, mixture or preparation containing 
heroin (diacetylmorphine) in any quantity. 
Sec. E-2.  17-A MRSA §1102, sub-§1, ¶F, as repealed and replaced by PL 1995, 
c. 635, §1, is repealed and the following enacted in its place: 
F.  Cocaine; 
PART F 
Sec. F-1.  30-A MRSA §3821, sub-§3, as amended by PL 2005, c. 397, Pt. A, 
§30, is further amended to read: 
3.  Availability for inspection.  Both the register and the record must be kept for 2 
years and be available at all reasonable times to the inspection of any lawful agent of the 
licensing authority or any full-time law enforcement officer as defined in Title 25, section 
2801-A, subsection 4.  The guest register may be "kept," within the meaning of this 
section, when reproduced on any photographic, microfilm or other process that 
reproduces the original record. 
Sec. F-2.  34-A MRSA §1216, sub-§1, ¶D, as amended by PL 2015, c. 470, §18, 
is further amended to read: 
D.  To any criminal justice agency if necessary to carry out the administration of 
criminal justice as defined in Title 16, section 703, subsection 1 or, the administration 
of criminal justice as defined in Title 16, section 803, subsection 2, the administration 
of juvenile criminal justice as defined in Title 15, section 3308, subsection 7, 
paragraph A, subparagraph (2), the administration of juvenile justice as defined in 
Title 15, section 3308-A, subsection 1, paragraph A or for criminal justice agency 
employment; 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill makes changes to the laws recommended by the Criminal Law Advisory 
Commission. 
Part A does the following: 
1.  Amends the Maine Revised Statutes, Title 15, section 393, subsection 1-B by 
replacing the words "pending charging instrument" with the words "the charge that gave 
rise to the prohibition" to eliminate a potential ambiguity; and 
2.  Enacts as Title 15, section 1094-C a provision that makes it a Class C crime for a 
person arrested for an alleged murder and who is detained because a Harnish bail 
proceeding has not yet taken place, the proceeding has been waived in open court by the 
person, or the proceeding has taken place and the person's conditional right to bail has 
been extinguished and bail has been denied by the court and who has been properly 
notified not to make direct or indirect contact with any specifically identified family or 
household member of the alleged victim of the murder for which the person is being 
detained to intentionally or knowingly make direct or indirect contact with any 
specifically identified family or household member of the alleged victim. 
Part B clarifies provisions of the Criminal History Record Information Act as they 
apply to granted petitions for full and free pardons. 
Part C does the following: 
1.  Rearranges into 2 subsections the content of Title 17-A, section 33.  Subsection 1 
contains the content of the current section 33, except that it deletes the words "unless the 
concurrent cause was clearly sufficient to produce the result and the conduct of the 
defendant was clearly insufficient."  Subsection 2 contains a simplified test to be applied 
in the event concurrent causation is generated as an issue.  It provides that, when a 
defendant's conduct may have operated concurrently with another cause, in addition to 
satisfying the "but for" test the defendant's conduct must have been sufficient by itself to 
produce the result; and 
2.  Amends Title 17-A, section 505, subsection 2 by adding to the definition of 
"public way" the words "a way upon which the public has access as invitees or licensees." 
Part D allows the use of prior convictions for aggravated assault, elevated aggravated 
assault and elevated aggravated assault on a pregnant person, and like crimes in other 
jurisdictions, to be used to elevate the class of subsequent domestic violence crimes from 
Class D to Class C.  The prior conviction may be used to enhance the current charge only 
if the State or other jurisdiction proved, in the prior case, that the defendant and victim 
were family or household members.  
Part E does the following: 
1.  Amends Title 17-A, section 1101 by enacting definitions of "cocaine" and 
"heroin."  The definition of "cocaine" mirrors that currently found in Title 17-A, section 
1102, subsection 1, paragraph F.  The definition of "heroin" as "any compound, mixture 
or preparation containing heroin (diacetylmorphine) in any quantity" is in response to 
State v. Pinkham, Sr., 2016 ME 59, 137 A. 3d 203; and 
2.  Repeals the definition of "cocaine" in Title 17-A, section 1102, subsection 1, 
paragraph F, because its content is moved to section 1101. 
Part F of the bill does the following: 
1.  Amends Title 30-A, section 3821, subsection 3 to clarify that hotel and lodging 
house registers must be kept for 2 years and must be available for inspection by an agent 
of the authority that licenses the hotel or lodging house; and 
2.  Amends Title 34-A, section 1216, subsection 1, paragraph D to clarify that 
dissemination of certain information pertaining to a person receiving services from the 
Department of Corrections may be made to any criminal justice agency if necessary to 
carry out the "administration of criminal justice" as separately defined pursuant to the 
Criminal History Record Information Act and the Intelligence and Investigative Record 
Information Act, and to carry out the "administration of juvenile criminal justice" and the 
"administration of juvenile justice" as separately defined pursuant to the Maine Juvenile 
Code.