An Act To Protect Law Enforcement and Conections Officers by Creating the Crime of Aggravated Assault on an Officer
Maine Legislature, Session 129, LD 0262
Committee Amendment CA_A_S74 (Senate)
Amends: 17-A MRSA §208

COMMITTEE AMENDMENT" 4· "to S.P. 74, L.D. 262, Bill, "An Act To Protect 
Law Enforcement and Conections Officers by Creating the Crime of Aggravated Assault 
on an Officer" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Protect Law Enforcement Officers, Corrections Officers, Corrections 
Supervisors and Staff of Correctional Institutions by Providing a Mandatory 
Minimum Sentence for Aggravated Assaults against Them That Are Planned or in 
Which They Are Targeted I 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 17-A MRSA §208, sub-§3 is enacted to read: 
3. 
Except as provided in paragraph C, a person who commits a crime under 
subsepnon) is §U!u'2G to 4 mondaJWY minillllDP sentenge. whiqh ~DUJ be suspended. 
as provided in this subsection if the assault is committed on a law ~orcement officer, a 
conections officer, a conections supervisor or a member of the staff of a conectional 
institution while that officer, supervisor or staff member is performing official duties. 
A A mandatory minimum sentence under this subsection applies to a crime under 
subsection 1 that was in fact planned by the defendant prior to the assault or in which 
the law enforcement officer, conections officer, conections supervisor or member of 
the staff of a conectional institution was in fact targeted by the defendant because of 
the officer's, supervisor's or staff member's employment as a law enforcement officer, 
conections officer, conections supervisor or member of the staff of a correctional 
institution. 
B. 
When the sentencing class for a crime under subsection 1 is Class A, the 
minimum term of imprisonment under this subsection, which may not be suspended, 
is 4 years; when the sentencing class for a crime under subsection 1 is Class B, the 
minimum term of imprisonment under this subsection, which may not be suspended, 
is 3 years. 
Page f - 129LR0719(02)-1 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A "to S.P. 74, LD. 262 ( ~_;1 lf) 
C. The court may impose a sentence other than a minimum unsuspended term of 
imprisonment set forth in paragraph B, if: 
(1) The court finds by substantial evidence that: 
(a) Imposition of a minimum unsuspended term of imprisonment under 
paragraph B will result in substantial injustice to the defendant; 
(b) Failure to impose a minimum unsuspended term of imprisonment under 
paragraph B will not have an adverse effect on public safety; and 
(c) Failure to impose a minimum unsuspended term of imprisonment under 
paragraph B will not appreciably impair the effect of paragraph B in deterring 
O 
others from violating this section; and 
(2) The court finds that the defendant's background, attitude and prospects for 
rehabilitation and the nature of the victim and the offense indicate that imposition 
of a sentence under paragraph B would frustrate the general purposes of 
sentencing set forth in section 1151. 
If the court imposes a sentence under this paragraph, the court shall state in writing 
its reasons for its findings and for imposing a sentence under this paragraph rather 
than under paragraph B.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment is the minority report of the committee. The amendment replaces 
the bill. The amendment provides for a mandatory minimum term of imprisonment for 
an aggravated assault on a victim who is a law enforcement officer, a conections officer 
or conections supervisor or a member of the staff of a conectional institution who is in 
the performance of the victim's official duties if the defendant planned the assault prior to 
the assault or targeted that person because of that person's employment. The amendment 
' provides a procedure and standards for the court to impose a sentence of imprisonment 
less than the mandatory minimum. 
FISCAL NOTE REQUJRED 
(See Attached) 
COMMITTEE AMENDMENT 
Approved: 03/18/19 frac 
LD262 
LR 719(02) 
An Act To Protect Law Enforcement and Corrections Officers by Creating the Crime of Aggravated 
Assault on an Officer 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment 'I}" C'!r7q') 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Any additional costs to the Department of Conections and to the Maine C01mnission on Indigent and Legal Services 
from the provisions of this bill are expected to be minor and can be absorbed within existing budgeted resources. 
LR0719(02) - Fiscal Note - Page 1 of 1