An Act To Impose a Mandatory Sentence for the Crime of Aggravated Unlawful Operation of a Methamphetamine Laboratory
Maine Legislature, Session 129, LD 0449
Committee: Criminal Justice and Public Safety
Sponsors: KEIM, CARPENTER, CYRWAY, DESCHAMBAULT, ROSEN, STEWART
Amends: 17-A MRSA §1252

Legislative Document
No. 449
S.P. 127
In Senate, January 29, 2019
An Act To Impose a Mandatory Sentence for the Crime of 
Aggravated Unlawful Operation of a Methamphetamine Laboratory
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator KEIM of Oxford.
Cosponsored by Senators: CARPENTER of Aroostook, CYRWAY of Kennebec, 
DESCHAMBAULT of York, ROSEN of Hancock, Representative: STEWART of Presque 
Isle.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  17-A MRSA §1252, sub-§5-A, as amended by PL 2015, c. 485, §5, is 
further amended to read:
5-A.    Notwithstanding any other provision of this Code, for a person convicted of 
violating section 1105-A, 1105-B, 1105-C, 1105-D, 1105-E or 1118-A: 
A.    Except as otherwise provided in paragraphs B and C, the minimum sentence of 
imprisonment, which may not be suspended, is as follows: When the sentencing class 
is Class A, the minimum term of imprisonment is 4 years; when the sentencing class 
is Class B, the minimum term of imprisonment is 2 years; and, with the exception of 
a conviction under section 1105-A, 1105-B, 1105-C or 1105-D when the drug that is 
the basis for the charge is marijuana, when the sentencing class is Class C, the 
minimum term of imprisonment is one year;
B.  The court may impose a sentence other than a minimum unsuspended term of 
imprisonment set forth in paragraph A, if: 
(1)  The court finds by substantial evidence that: 
(a)  Imposition of a minimum unsuspended term of imprisonment under 
paragraph A will result in substantial injustice to the defendant.  In making 
this determination, the court shall consider, among other considerations, 
whether the defendant did not know and reasonably should not have known 
that the victim was less than 18 years of age;
(b)  Failure to impose a minimum unsuspended term of imprisonment under 
paragraph A will not have an adverse effect on public safety; and
(c)  Failure to impose a minimum unsuspended term of imprisonment under 
paragraph A will not appreciably impair the effect of paragraph A in 
deterring others from violating section 1105-A, 1105-B, 1105-C, 1105-D, 
1105-E or 1118-A; and
(2)  The court finds that:
(c)  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 A 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 A; and
C.    If the court imposes a sentence under paragraph B, the minimum sentence of 
imprisonment, which may not be suspended, is as follows: When the sentencing class 
is Class A, the minimum term of imprisonment is 9 months; when the sentencing is 
Class B, the minimum term of imprisonment is 6 months; and, with the exception of 
trafficking or furnishing marijuana under section 1105-A or 1105-C, when the 
sentencing class is Class C, the minimum term of imprisonment is 3 months.
SUMMARY
This bill adds the crime of aggravated unlawful operation of a methamphetamine 
laboratory to the list of drug offenses that carry a mandatory 4-year minimum sentence.