An Act Regarding Forfeiture of Assets of Persons Convicted of Certain Criminal Restraint Offenses, Aggravated Sex Trafficking Offenses and Sex Trafficking Offenses
Maine Legislature, Session 129, LD 0324
Committee Amendment CA_A_H106 (House)
Amends: 15 MRSA §5821, 15 MRSA §5826

COMMITTEE AMENDMENT "fl,, to H.P. 249, L.D. 324, Bill, "An Act 
Regarding Forfeiture of Assets of Persons Convicted of Certain Criminal Restraint 
Offenses, Aggravated Sex Trafficking Offenses and Sex Trafficking Offenses" 
Amend the bill by striking out the title and substituting the following: 
'An Act Regarding Forfeiture of Assets of Persons Convicted of Aggravated Sex 
Trafficking Offenses, Sex Trafficldng Offenses, Aggravated Criminal Forced Labor 
Offenses and Criminal Forced Labor Offenses' 
Amend the bill by strildng out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 15 MRSA §5821, sub-§7-A, 1A, as enacted by PL 1999, c. 349, §2, is 
amended to read: 
A. Property may not be forfeited under this subsection, to the extent of the interest of 
an owner, by reason of an act or omission established by that owner to have been 
committed or omitted without the knowledge or consent of the owner; and 
Sec. 2. 15 MRSA §5821, sub-§9, as enacted by PL 2007, c. 684, Pt. C, §2 and 
affected by Pt. H, § 1, is amended to read: 
9. Assets in human trafficking offenses. All assets, including money insttuments, 
personal property and real property, used or intended for use in or traceable to a human 
tt·afficldng offense as defined in Title 5, section 4701, subsection 1, paragraph C·l 
Sec. 3. 15 MRSA §5821, sub-§§10 and 11 are enacted to read: 
10. Assets in sex trafficldng offenses. All assets, including money instruments, 
personal property and real property. used or intended for use in or traceable to an 
aggravated sex trafficldng offense as : defined in Title 17-A, section 852 or a sex 
trafficldng offense as defined in Title 17~A, section 853; and 
11. 
Assets in criminal forced labor offenses. 
All assets, including money 
instruments, personal property and real property. used or intended for use in or traceable 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 249, L.D. 324 
to a criminal forced labor offense as defined in Title 17-A, section 304 or an aggravated 
criminal forced labor offense as defined in Title 17-A, section 305. 
Sec. 4. 15 MRSA §5826, sub-§1, as enacted by PL 1995, c. 421, §1, is amended 
to read: 
1. Property subject to criminal forfeiture. Notwithstanding any other provision of 
law, a person convicted of a violation of Tith~ 17 f,.., ehapter 45 crime that subjects the 
person to forfeiture of property under section 5821 forfeits to the State all rights, 
privileges, interests and claims to that property that is subjeet to forfeiture pursuant to 
seetion 5821. All rights, privileges, interest and title in property subject to forfeiture 
under this section vests in the State upon the commission of the act giving rise to 
forfeiture pursuant to section 5821. 
Sec. 5. 15 MRSA §5826, sub-§2, as amended by PL 2015, c. 431, §33, is further 
amended to read: 
2. Commencement of criminal forfeiture action. Property subject to forfeiture 
may be proceeded against by indictment of the grand jury or by complaint in the District 
Court in any related criminal proceeding in which a person with an interest in the 
property has been simultaneously charged with a violation of Title 17 A, ehapter 45 
crime that subjects the person to forfeiture of property under section 5821. At any time 
prior to trial, the State, with the consent of the court and any defendant with an interest in 
the property, may file an ancillary charging instrument or information alleging that 
property is subject to criminal forfeiture. Discovery in the criminal action must be as 
provided for by the Maine Rules of Unified Criminal Procedure. 
Sec. 6. 15 MRSA §5826, sub-§6, as amended by PL 2017, c. 460, Pt. F, §1, is 
further amended to read: 
6. Final order of disposition of property; public education campaign. Following 
the entry of a verdict of forfeiture of property pursuant to this section or the entry of a 
guilty plea in open court on the record and following the court's disposition of all 
petitions for hearing timely filed by 3rd parties, the State has clear title to property that is 
the subject of the indictment, information or complaint. The final order must provide for 
the deposit of the property or the proceeds from the disposition of the property, less the 
reasonable expenses of the forfeiture . proceedings, seizure, storage, maintenance of 
custody, advertising and notice, in the General Fund, except that, to the extent that the 
court finds it reasonable, the court may order forfeiture of as much of the property as is 
appropriate, less the reasonable expenses of the forfeiture proceedings, seizure, storage, 
maintenance of custody, advertising and notice, to a municipality, county or state agency 
that has made a substantial contribution to the investigation or prosecution of a related 
criminal case or, upon request of the investigating agency or the prosecuting agency, to a 
law enforcement agency in this State that provides case management and other social 
services to persons with substance use disorders affected by crimes that are subject to 
forfeiture of property under this chapter.' 
SUMMARY 
This amendment strikes and replaces the bill and the title. The amendment adds 
aggravated sex trafficking and sex trafficking offenses and aggravated criminal forced 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. iJ" to H.P. 249, L.D. 324 
labor and criminal forced labor offenses to the offenses subject to criminal forfeiture of 
assets pursuant to a court procedure specified in statute, after a criminal conviction, and 
with distribution of the forfeited property or proceeds of the forfeited property in 
accordance with statute and as ordered by the court. The amendment broadens one of the 
allowable uses of the property forfeited or the proceeds of the property. In current law, 
property or proceeds may be given to a law enforcement agency in this State that 
provides case management and other · social services to persons with substance use 
disorders; in the amendment, property or proceeds may be given to a law enforcement 
agency that provides case management and other social services to persons affected by 
crimes that are subject to forfeiture of property. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/18/19 feac.. 
LD324 
LR 359(02) 
An Act Regarding Forfeiture of Assets of Persons Convicted of Certain Criminal Restraint Offenses, 
Aggravated Sex Trafficking Offenses and Sex Trafficking Offenses 
Fiscal Note for Bill as Amended by Committee Amendment ,A,(Jl,,..ID!J 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Minor revenue increase - Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
The additional workload associated with the minimal number of new cases does not require additional funding at this 
time for the courts. 
The collection of additional fine revenue will increase General Fund and dedicated revenue by minor amounts. 
LR0359(02) - Fiscal Note - Page 1 of 1