An Act To
Maine Legislature, Session 129, LD 2037
Committee Amendment CA_A_H874 (House)
Amends: 17-A MRSA §755, 17-A MRSA §1609, 17-A MRSA §1609-A, 34-A MRSA §11273, 37-B MRSA §504, 17-A MRSA §257, 25 MRSA §1509-B

COMMITTEE AMENDMENT “      ” to H.P. 1447, L.D. 2037, Bill, “An Act To 
Amend the Maine Criminal Code”
Amend the bill by striking out all of Part A and inserting the following:
'PART A
Sec. A-1.  17-A MRSA §755, sub-§1-E, as amended by PL 2019, c. 113, Pt. C, 
§62, is further amended to read:
1-E.   A person is guilty of escape from the community confinement monitoring 
program granted pursuant to Title 30-A, section 1659-A if without official permission the 
person intentionally:
A.  Leaves or fails to return within 12 hours to that person's residence or other 
designated area in which that person is monitored.  Violation of this paragraph is a 
Class C crime; or
B.  Violates paragraph A and at the time of the escape the person uses physical force 
against another person, threatens to use physical force or is armed with a dangerous 
weapon.  Violation of this paragraph is a Class B crime.
A sentence imposed for a violation of this section is subject to the requirements of section 
1609 1609-A.
Sec. A-2.  17-A MRSA §1609, as enacted by PL 2019, c. 113, Pt. A, §2, is 
repealed.
Sec. A-3.  17-A MRSA §1609-A is enacted to read:
§1609-A.  Discretionary sentence
Notwithstanding section 1608, when an individual subject to an undischarged term of 
imprisonment is convicted of a crime committed while in execution of any term of 
imprisonment, is convicted of a crime committed during a stay of execution of any term 
Date: 
(Filing No. H-          )
COMMITTEE AMENDMENT “      ” to H.P. 1447, L.D. 2037
COMMITTEE AMENDMENT
of imprisonment, is convicted of a crime committed after failure to report after a stay of 
execution of any term of imprisonment or is convicted of failure to report as ordered after 
a stay of execution of any term of imprisonment, the court may order that the sentence is 
not concurrent with any undischarged term of imprisonment. If the court orders that the 
sentence is not concurrent, the court may order that any undischarged term of 
imprisonment be tolled and service of the nonconcurrent sentence commence 
immediately, and the court shall so order if any undischarged term of imprisonment is a 
split sentence. No portion of the nonconcurrent sentence may be suspended. Any 
nonconcurrent sentence that the convicted individual receives as a result of an order 
entered pursuant to this section must be nonconcurrent with all other sentences.' 
Amend the bill in Part C by striking out all of sections 2 to 4 and inserting the 
following:
'Sec. C-2.  34-A MRSA §11273, sub-§16, ¶C, as enacted by PL 2011, c. 663, 
§3, is amended to read:
C.  Title 17-A, section 301, subsection 1, paragraph A, subparagraph (3) if the crime 
is committed prior to January 1, 2021;
Sec. C-3.  34-A MRSA §11273, sub-§16, ¶C-1 is enacted to read:
C-1.  Title 17-A, section 301, subsection 1, paragraph A, subparagraph (3-A) if the 
crime is committed on or after January 1, 2021;
Sec. C-4.  37-B MRSA §504, sub-§4, ¶H, as enacted by PL 2015, c. 175, §1, is 
amended by amending subparagraph (3) to read:
(3)  Been convicted of a Class A or Class B crime under:
(a)  Title 17-A, chapter 11;
(b)  Title 17-A, chapter 12; or
(c)  Title 17-A, section 301, subsection 1, paragraph A, subparagraph (3) if 
the crime is committed prior to January 1, 2021; or
(d) Title 17-A, section 301, subsection 1, paragraph A, subparagraph (3-A) if 
the crime is committed on or after January 1, 2021;' 
Amend the bill by inserting after Part D the following:
'PART E
Sec. E-1.  17-A MRSA §257, as amended by PL 2007, c. 476, §3, is repealed.
PART F
Sec. F-1.  25 MRSA §1509-B is enacted to read:
COMMITTEE AMENDMENT “      ” to H.P. 1447, L.D. 2037
COMMITTEE AMENDMENT
§1509-B.  Annual reporting required
The Maine Information and Analysis Center, a program that is a cooperative effort 
between the Maine Emergency Management Agency and the State Police, established 
originally by executive order of Governor John E. Baldacci as the Maine Intelligence and 
Information Center in 2006, and referred to in this section as "the center," shall report 
annually in writing by February 1st each year beginning February 1, 2021, to the joint 
standing committee of the Legislature having jurisdiction over criminal justice and public 
safety matters regarding the performance of the center.  The reports must include a 
narrative of the types of cases, crimes, incidents and reports the center has reviewed and 
evaluated in a manner that protects personal privacy and the integrity of the work of the 
center.  The reports must include both privacy audits performed in the prior year and de-
identified information regarding the cases, crimes, incidents and reports on which the 
center worked during the prior year.' 
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 amends Part A of the bill to repeal the Maine Revised Statutes, Title 
17-A, section 1609, which requires a sentence to be nonconcurrent if it is imposed for a 
crime committed or attempted to be committed while the person is serving a sentence.  
The amendment enacts Title 17-A, section 1609-A, which grants to the court discretion to 
impose a sentence that is nonconcurrent if it is imposed for a crime committed or 
attempted to be committed while the person is serving a sentence or while a stay of 
execution of a sentence has been imposed.
The amendment removes from the bill a proposed amendment to the Sex Offender 
Registration and Notification Act of 1999 that was included in the bill in error.  The 
amendment separates 2 variants of kidnapping under Title 17-A, section 301, subsection 
1, paragraph A, subparagraph (3).  The amendment clarifies that the amendments to the 
Sex Offender Registration and Notification Act of 2013 apply to a crime committed prior 
to January 1, 2021, if the offense is knowingly restraining another person with the intent 
to inflict bodily injury, and apply to a crime committed on or after January 1, 2021, if the 
crime is conduct defined as criminal in Title 17-A, chapter 11. 
The amendment repeals a section of law in Title 17-A, chapter 11 on factors aiding in 
predicting high-risk sex offenders for sentencing purposes, leaving individual risk 
assessment at sentencing to the judgment of the court.
This amendment adds Part F to the bill, requiring annual written reports from the 
Maine Information and Analysis Center by February 1st each year beginning February 1, 
2021, to the joint standing committee of the Legislature having jurisdiction over criminal 
justice and public safety matters regarding the performance of the center.  The reports 
must include a narrative of the types of cases, crimes, incidents and reports the center has 
reviewed and evaluated in a manner that protects personal privacy and the integrity of the 
work of the center.  The reports must include both privacy audits performed in the prior 
COMMITTEE AMENDMENT “      ” to H.P. 1447, L.D. 2037
COMMITTEE AMENDMENT
year and de-identified information regarding the cases, crimes, incidents and reports on 
which the center worked during the prior year.
Approved: 08/03/20
LD 2037
LR 3142(02)
Fiscal Detail and Notes
Minor cost increase - General Fund
Additional costs to the Department of Public Safety to create an annual report can be absorbed within existing budget 
resources.
An Act To Amend the Maine Criminal Code
Fiscal Note for Bill as Amended by Committee Amendment " "
Committee: Criminal Justice and Public Safety
Fiscal Note Required: Yes
Fiscal Note
LR3142(02) - Fiscal Note - Page 1 of 1