An Act To Amend the Maine Criminal Code and Related Statutes as Recommended by the Criminal Law Advisory Commission
Maine Legislature, Session 128, LD 1795
Committee: Criminal Justice and Public Safety
Amends: 15 MRSA §56, 22 MRSA §2383, 34-A MRSA §11273

Legislative Document
No. 1795
H.P. 1239
House of Representatives, January 22, 2018
An Act To Amend the Maine Criminal Code and Related Statutes as 
Recommended by the Criminal Law Advisory Commission
(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, laws were enacted by the 128th Legislature that inadvertently omitted a 
cross-reference to the Maine Rules of Evidence in the law on service of process on 
foreign entities that are providers of electronic communication service and providers of 
remote computing service; repealed the option of prosecuting possession of up to 2 1/2 
ounces of marijuana by persons under 18 years of age as a civil violation; and neglected 
to amend the Sex Offender Registration and Notification Act of 2013 to include a 
registration obligation for the new crime of gross sexual assault based on lack of 
acquiescence; and 
Whereas, timely correction of these errors and omissions is necessary to the proper 
administration of the criminal laws; 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:
Sec. 1.  15 MRSA §56, sub-§2, ¶C, as enacted by PL 2017, c. 144, §3, is 
amended to read:
C.  A foreign entity provider shall verify the authenticity of records that it produces 
by providing an affidavit that complies with the requirements set forth in the Maine 
Rules of Evidence, Rule 902(11) if the foreign entity that is the provider of services is 
governed by the laws of another state and that complies with the requirements set 
forth in the Maine Rules of Evidence, Rule 902(12) if the foreign entity that is the 
provider of services is governed by the laws of a foreign country. Admissibility of 
these records in a court in this State is governed by the Maine Rules of Evidence, 
Rule 803(6).
Sec. 2.  22 MRSA §2383, sub-§1-A, as enacted by PL 2017, c. 1, §20, is amended 
to read:
1-A.  Marijuana possession by a person under 21 years of age.  Except for 
possession of marijuana for medical use pursuant to chapter 558-C, a person who is under 
years of age may not possess marijuana.  A person who is 18, 19 or 20 under 21 years 
of age who possesses a usable amount of marijuana commits a civil violation for which a 
fine of not less than $350 and not more than $600 must be adjudged for possession of up 
to 1 1/4 ounces of marijuana and a fine of not less than $700 and not more than $1,000 
must be adjudged for possession of over 1 1/4 ounces to 2 1/2 ounces of marijuana, none 
of which may be suspended.  For the purposes of this section, marijuana has the same 
meaning as in Title 17-A, section 1101, subsection 1.
Sec. 3.  34-A MRSA §11273, sub-§15, ¶A, as amended by PL 2017, c. 65, §2, is 
further amended to read:
A.  Title 17-A, chapter 11 including the following:
(1)  Title 17-A, section 253, subsection 2, paragraph J, regardless of the age of 
the victim;
(1-A)  Title 17-A, section 253, subsection 2, paragraph F, regardless of the age of 
the victim if the crime is committed on or after October 1, 2017;
(2)  Title 17-A, section 253, subsection 2, paragraph K, regardless of the age of 
the victim;
(3)  Title 17-A, section 253, subsection 2, paragraph L, regardless of the age of 
the victim;
(3-A)  Title 17-A, section 253, subsection 2, paragraph M, regardless of the age 
of the victim, if the crime is committed on or after the effective date of this 
subparagraph;
(4) Title 17-A, section 255-A, subsection 1, paragraph J, regardless of the age of 
the victim;
(4-A) Title 17-A, section 255-A, subsection 1, paragraph L, regardless of the age 
of the victim if the crime is committed on or after October 1, 2017;
(5)  Title 17-A, section 255-A, subsection 1, paragraph R-1, regardless of the age 
of the victim;
(6)  Title 17-A, section 255-A, subsection 1, paragraph R-2, regardless of the age 
of the victim; and
(7)  Title 17-A, section 258, subsection 1-A, if the victim had not attained 12 
years of age;
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved.
SUMMARY
This bill is emergency legislation.  The bill makes the following corrections to the 
criminal and related laws and to the law on possession of more than 2 1/2 ounces of 
marijuana.
1.  Public Law 2017, chapter 144, section 3 failed to distinguish, in the laws on 
service of process on providers of electronic communication service and providers of 
remote computing service, between foreign entities that are governed by laws of states 
other than Maine and those that are governed by laws of foreign countries.  The bill 
distinguishes these 2 types of foreign entities and provides a cross-reference to the Maine 
Rules of Evidence for each type of foreign entity.
2.  Public Law 2017, chapter 1, section 20 designated possession of up to 2 1/2 
ounces of marijuana by a person under 18 years of age a violation of the Maine Juvenile 
Code, which was one of 2 options for prosecution under prior law.  Chapter 1 repealed 
the option of prosecution of possession as a civil violation.  The bill retains the 
designation of possession as a juvenile crime and restores the designation of possession 
as a civil violation.  Neither the juvenile crime nor the civil violation applies to 
possession of up to 2 1/2 ounces by a person under 21 years of age who is a qualified 
patient for the purposes of the Medical Use of Marijuana Act.
3.  Public Law 2017, chapter 300 created a new version of the crime of gross sexual 
assault, specifically, engaging in a sexual act with another person when that other person 
has not expressly or impliedly acquiesced to the sexual act.  The law neglected to create a 
corresponding registration provision for the newly defined variant of gross sexual assault.  
The bill designates gross sexual assault based on lack of acquiescence to the sexual act as 
a Tier II offense under the Sex Offender Registration and Notification Act of 2013. The 
registration obligation will apply to conduct committed on or after the effective date of 
this Act.