An Act To Make Post-conviction Possession of Animals a Criminal Offense
Maine Legislature, Session 129, LD 0064
Committee Amendment CA_A_H105 (House)
Amends: 17 MRSA §1031

COMMITTEE AMENDMENT "A" to H.P. 61, L.D. 64, Bill, "An Act To Make 
Post-conviction Possession of Animals a Criminal Offense" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Make Post-conviction Possession of Animals by Certain Persons a 
Criminal Offense' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 17 MRSA §1031, sub-§3-B, 1-8, as enacted by PL 2003, c. 452, Pt. I, 
§20 and affected by Pt. X, §2, is repealed. 
Sec. 2. 17 MRSA §1031, sub-§3-B, ,re, as enacted by PL 2003, c. 452, Pt. I, §20 
and affected by Pt. X, §2, is amended to read: 
C. Title 17-A, section 9-A governs the use of prior convictions when determining a 
sentence under this subsection. 
Sec. 3. 17 MRSA §1031, sub-§3-B, ,r,rn, E and Fare enacted to read: 
D. The court, as part of the sentence for a violation of this section: 
(1) May prohibit a defendant convicted of a Class D crime under this section 
from owning, possessing or having on the defendant's premises an animal for a 
period of time that the court detennines to be reasonable, up to and including 
permanent relinquishment: 
(2) Shall prohibit a defendant convicted of a Class C crime under this section 
from owning, possessing or having on the defendant's premises an animal for a 
period of at least 5 years, up to and including permanent relinquishment; 
(3) 
May impose any other reasonable restrictions on a defendant's future 
ownership or custody of an animal as determined by the court to be necessary for 
the protection of animals, including but not limited to reasonable restrictions on 
future ownership, possession or custody and prohibiting the person from 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. 4,, to H.P. 61, L.D. 64 
employment that involves the care of animals or any other contact with animals; 
and 
(4) May order as a condition of probation that probationer be evaluated to 
determine the need for psychiatric or psychological counseling and. if it is 
determined to be appropriate by the court, receive psychiatric or psychological 
counseling at the defendant's expense. 
Upon motion by the defendant and upon completion of conditions specified in an 
order entered under this paragraph. the court may reduce or modify restrictions or 
conditions imposed under this paragraph. 
E. Intentional or knowing violation of a court order issued under paragraph D is a 
Class D crime. An animal owned or possessed by the defendant or on the defendant's 
premises in violation of a court order under paragraph D is subject to immediate 
forfeiture as ordered by the court. 
F. A person placed on probation for a violation of this section with a condition that 
prohibits owning. possessing or having on the probationer's premises an animal is 
subject to revocation of probation and removal of the animal at the probationer's 
expense if this condition is intentionally or knowingly violated.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment replaces the bill and changes the title. The amendment authorizes 
the court in a proceeding for a violation of cruelty to animals to impose conditions, 
including but not limited to prohibiting ownership or possession of an animal or having 
an animal on the defendant's premises and prohibiting employment that involves the care 
of or other contact with animals. The amendment provides that an intentional or knowing 
violation of a court order issued pursuant to the provisions of the amendment is a Class D 
crime. The amendment provides a procedure for a defendant to obtain a court order 
modifying the conditions or restrictions set in a court order. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/06/19 ;tb/ac 
LD64 
LR 691(02) 
An Act To Make Post-conviction Possession of Animals a Criminal Offense 
Fiscal Note for Bill as Amended by Committee Amendment •/t ( JI ~JDS) 
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 
Establishes new Class D crimes. 
The additional workload associated with the minimal number of new cases filed in the court system does not require 
additional funding at this time. 
The collection of additional fine revenue will increase General Fund and dedicated revenue by minor amounts. 
LR0691(02) - Fiscal Note - Page 1 of 1