An Act To Protect Adults 66 Years of Age and Older from Financial and Other Types of Exploitation through Theft by Deception
Maine Legislature, Session 129, LD 0316
Committee Amendment CA_A_H297 (House)
Amends: 17-A MRSA §352, 17-A MRSA §353, 17-A MRSA §354, 17-A MRSA §358, 17-A MRSA §903

COMMITTEE AMENDMENT "f}" to H.P. 240, L.D. 316, Bill, "An Act To 
Protect Adults 66 Years of Age and Older from Financial and Other Types of 
Exploitation through Theft by Deception" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Protect Vulnerable Persons from Theft' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 17-A MRSA §352, sub-§6 is enacted to read: 
6. "Vulnerable person" means a dependent adult as defmed in Title 22, section 3472, 
subsection 6 or an incapacitated adult as defmed in Title 22, section 3472, subsection 10. 
Sec. 2. 17-A MRSA §353, sub-§1, ,rB, as amended by PL 2007, c. 476, §10, is 
further amended to read: 
B. The person violates paragraph A and: 
(1) 
The value of the property is more than $10,000. 
Violation of this 
subparagraph is a Class B crime; 
(2) The property stolen is a firearm or an explosive device. Violation of this 
subparagraph is a Class B crime; 
(3) The person is armed with a dangerous weapon at the time of the offense. 
Violation of this subparagraph is a Class B crime; 
(4) The value of the property is more than $1,000 but not more than $10,000. 
Violation of this subparagraph is a Class C crime; 
(5) The value of the property is more than $500 but not more than $1,000. 
Violation of this subparagraph is a Class D crime; er 
COMMITTEE AMENDMENT 
~ -(.~ 
t)'t 
COMMITTEEAMENDMENT"A "to H.P. 240, L.D. 316 
( 6) The person has 2 or more prior convictions for any combination of the Maine 
offenses listed in this subparagraph or for engaging in substantially similar 
conduct to that of the Maine offenses listed in this subparagraph in another 
jurisdiction. The Maine offenses are: theft; any violation of section 401 in which 
the crime intended to be committed inside the structure is theft; any violation of 
section 405 in which the crime intended to be committed inside the motor vehicle 
is theft; any violation of section 651; any violation of section 702, 703 or 708; or 
attempts to commit any of these crimes. S'ection 9-A governs the use of prior 
convictions when determining a sentence. Violation of this subparagraph is a 
Class C crime; or 
(7) The owner of the property subject to theft is a vulnerable person. Violation 
of this subparagraph is a Class B crime; or 
Sec. 3. 17-A MRSA §354, sub-§1, ~, as amended by PL 2007, c. 476, §11, is 
further amended to read: 
B. The person violates paragraph A and: 
(1) 
The value of the property is more than $10,000. 
Violation of this 
subparagraph is a Class B crime; 
(2) The property stolen is a firearm or an explosive device. Violation of this 
subparagraph is a Class B crime; 
(3) The person is armed with a dangerous weapon at the time of the offense. 
Violation of this subparagraph is a Class B crime; 
(4) The value of the property is more than $1,000 but not more than $10,000. 
Violation of this subparagraph is a Class C crime; 
(5) The value of the property is more than $500 but not more than $1,000. 
Violation of this subparagraph is a Class D c1ime; er 
( 6) The person has 2 or more prior convictions for any combination of the Maine 
offenses listed in this subparagraph or for engaging in substantially similar 
conduct to that of the Maine offenses listed in this subparagraph in another 
jurisdiction. The Maine offenses are: theft; any violation of section 401 in which 
the crime intended to be committed inside the structure is theft; any violation of 
section 405 in which the crime intended to be committed inside the motor vehicle 
is theft; any violation of section 651; any violation of section 702, 703 or 708; or 
attempts to commit any of these crimes. Section 9-A governs the use of prior 
convictions when determining a sentence. Violation of this subparagraph is a 
Class C crime._;_m: 
(7) The owner of the property subject to theft is a vulnerable person. Violation 
of this subparagraph is a Class B crime. 
Sec. 4. 17-A MRSA §358, sub-§1, ~' as amended by PL 2007, c. 476, §16, is 
further amended to read: 
B. The person violates paragraph A and: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 240, L.D. 316 
(1) 
The value of the property is more than $10,000. 
Violation of this 
subparagraph is a Class B crime; 
(2) The property stolen is a firearm or an explosive device. Violation of this 
subparagraph is a Class B crime; 
(3) The person is armed with a dangerous weapon at the time of the offense. 
Violation of this subparagraph is a Class B crime; 
(4) The value of the property is more than $2,000 and the person is a payroll 
processor. Violation of this paragraph is a Class B crime; 
(5) The value of the property is more than $1,000 but not more than $10,000. 
O 
Violation of this subparagraph is a Class C crime; 
(6) The value of the property is more than $500 but not more than $1,000. 
Violation of this subparagraph is a Class D crime; 
(7) The value of the property is more than $1,000 but not more than $2,000 and 
the person is a payroll processor. Violation of this subparagraph is a Class C 
crime; 
(8) The person is a payroll processor and has 2 or more prior convictions for any 
combination of the Maine offenses listed in this subparagraph or for engaging in 
substantially similar conduct to that of the Maine offenses listed in this 
subparagraph in another jurisdiction. 
The Maine offenses are: 
theft; any 
violation of section 401 in which the crime intended to be committed inside the 
structure is theft; any violation of section 405 in which the crime intended to be 
committed inside the motor vehicle is theft; any violation of section 651; any 
violation of section 702, 703 or 708; or attempts to commit any of these crimes. 
Section 9-A governs the use of prior convictions when determining a sentence. 
Violation of this subparagraph is a Class B crime; ef 
(9) The person has 2 or more prior convictions for any combination of the Maine 
offenses listed in this subparagraph or for engaging in substantially similar 
conduct to that of the Maine offenses listed in this subparagraph in another 
jurisdiction. The Maine offenses are: theft; any violation of section 401 in which 
the crime intended to be committed inside the structure is theft; any violation of 
section 405 in which the crime intended to be committed inside the motor vehicle 
is theft; any violation of section 651; any violation of section 702, 703 or 708; or 
attempts to commit any of these crimes. Section 9-A governs the use of prior 
convictions when determining a sentence. Violation of this subparagraph is a 
Class C crime,: or 
(10) The owner of the property subject to theft is a vulnerable person. Violation 
of this subparagraph is a Class B crime. 
Sec. 5. 17-A MRSA §903, sub-§4, as enacted by PL 2013, c. 414, §5, is amended 
to read: 
4. If a misuse of entrusted property results in the loss of a vulnerable person's 
property or the loss of property entrusted to a person for the benefit of a vulnerable 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "/1" to H.P. 240, L.D. 316 
person and, at the time of the offense, the owner or the beneficiary of the property is a 
vulnerable person+, the misuse of entrusted property is a Class B crime. 
A. If the value of the property is more than $1,000 but not more than $10.000. the 
misuse of entrusted property is a Class C orime: and 
B. If the value of the property is more than $10,000, the misuse of entrusted property 
is a Class B orime. 
As used in this subsection, "vulnerable person" means an incapacitated adult as defined in 
Title 22, section 3472, subsection 10 or a dependent adult as defined in Title 22, section 
3472, subsection 6. 
O 
Sec. 6. Appropriations and allocations. 
The following appropriations and 
allocations are made. 
INDIGENT LEGAL SERVICES, MAINE COMMISSION ON 
Maine Commission on Indigent Legal Services Z112 
Initiative: Provides funding for increased costs to the Maine Commission on Indigent 
Legal Services due to elevating the class of certain crimes of theft or fraud if the victim is 
a vulnerable person. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2019-20 
$66,938 
$66,938 
2020-21 
$89,250 
$89,250 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment is the majority report of the committee. The amendment replaces 
the bill and provides a new title. 
The amendment defines "vulnerable person" by 
reference to the definitions of "dependent adult" in the Maine Revised Statutes, Title 22, 
section 3472, subsection 6 and "incapacitated adult" in Title 22, section 3472, subsection 
10. The amendment designates the following types of theft or fraud as Class B crimes if 
the owner of the property is a vulnerable person: theft by unauthorized taking or transfer, 
theft by deception, theft by misapplication of property and misuse of entrusted property. 
The amendment includes an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/04/19 feac:.. 
LD316 
LR 806(02) 
An Act To Protect Adults 66 Years of Age and Older from Financial and Other Types of Exploitation 
through Theft by Deception 
Fiscal Note for Bill as Amended by Committee Amendment ~{ f/-~?) 
Committee: Criminal Justice and Public Safety 
Net Cost (Savings) 
General Fund 
Appropriations/ Allocations 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2019-20 
FY2020-21 
$66,938 
$89,250 
$66,938 
$89,250 
Projections 
FY 2021-22 
$89,250 
$89,250 
Projections 
FY 2022-23 
$89,250 
$89,250 
This bill would raise the class of various theft crimes if the victim is a vulnerable person to a Class B crime. CuITently 
theft from a vulnerable person could range from a Class E to a Class B crime, depending on the circumstances of the 
case. 
In 2018 the Maine Commission on Indigent Legal Services handled about 3,400 cases under the theft crime sections 
changed in this bill that were not already charged as Class B crimes. Of these, about 2-5% are estimated to have been 
committed against a vulnerable person. The average incremental cost to the commission of increasing these crimes 
from a class E, D, or C crime to a Class B crime is $750. As a result, this would represent increased costs to the 
commission of $51,000 to $127,500, or an average of $89,250 per year. The bill includes General Fund appropriations 
to the commission of $66,938 in fiscal year 2019-20 and $89,250 in fiscal year 2020-21. 
In addition, the Maine Department of CoITections (DOC) will face increased costs due to more incarcerated 
individuals and individuals incarcerated for longer periods of time. It is unclear how many individuals would be 
convicted of a Class B crime who otherwise would have been charged with a lower class crime. The incremental cost 
of changing a Class C crime to a Class B crime is $27 ,506 per sentence. The incremental cost of changing a Class D 
or E crime to a class B crime is $71,611. The DOC has not indicated the need for additional funding at this time and 
no funding is included in the bill for DOC. 
The collection of additional fine revenue by the courts will increase General Fund and dedicated revenue by minor 
amounts. 
LR0806(02) - Fiscal Note - Page 1 of 1