An Act To Amend the Maine Criminal Code
Maine Legislature, Session 129, LD 2037
Committee: Criminal Justice and Public Safety
Amends: 17-A MRSA §1609, 17-A MRSA §2016, 17-A MRSA §301, 34-A MRSA §11203, 34-A MRSA §11273, 37-B MRSA §504, 17-A MRSA §1111-B

Legislative Document
No. 2037
H.P. 1447
House of Representatives, January 14, 2020
An Act To Amend the Maine Criminal Code
Reported by Representative WARREN of Hallowell for the Criminal Law Advisory 
Commission pursuant to the Maine Revised Statutes, Title 17-A, section 1354, subsection 2.
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed pursuant to Joint Rule 218.
ROBERT B. HUNT
Clerk
Be it enacted by the People of the State of Maine as follows:
PART A
Sec. A-1.  17-A MRSA §1609, as enacted by PL 2019, c. 113, Pt. A, §2, is 
repealed and the following enacted in its place:
§1609.  Nonconcurrent sentence
1.  Mandatory nonconcurrent 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, the sentence is not concurrent 
with any undischarged term of imprisonment. 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 sentence 
that the convicted individual receives as a result of the conviction of a crime while in 
execution of a term of imprisonment must be nonconcurrent with all other sentences.
This subsection also applies to prisoners on supervised community confinement pursuant 
to Title 34-A, section 3036-A. 
2.  Discretionary nonconcurrent sentence.  Notwithstanding section 1608, when an 
individual subject to an undischarged term of imprisonment is convicted of a crime 
committed during a stay of execution of any term of imprisonment, convicted of a crime 
committed after failure to report after a stay of execution of any term of imprisonment or 
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 subsection 
must be nonconcurrent with all other sentences.
PART B
Sec. B-1.  17-A MRSA §2016, sub-§1, as enacted by PL 2019, c. 113, Pt. A, §2, 
is amended to read:
1.  Work program; payment of restitution and fines.  A prisoner who has been 
ordered to pay restitution or fines may not be released pursuant to a work program 
administered by the Department of Corrections under Title 34-A, section 3035, or a 
sheriff under Title 30-A, section 1605, or participate in an industry program under Title 
34-A, section 1403, subsection 9 or any other program administered by the Department of 
Corrections or a sheriff by which a prisoner is able to generate money, unless the prisoner 
consents to pay at least 25% of the prisoner's gross weekly wages or other money 
generated to the victim or the court until such time as full restitution has been made or the 
fine is paid in full.  The chief administrative officer of the correctional facility where the 
prisoner is incarcerated shall collect and disburse to the victim or victims that portion of 
the prisoner's wages or other money generated agreed to as payment of restitution.  The 
chief administrative officer of the correctional facility where the prisoner is incarcerated 
shall also collect and disburse to the court that portion of the prisoner's wages or other 
money generated agreed to as payment of fines after the restitution is paid in full.  If the 
victim or victims ordered by the court to receive restitution cannot be located, the 
correctional facility shall inform the court that ordered restitution. The court shall 
determine the distribution of these funds  forward the funds, as provided in section 2009, 
to the Treasurer of State to be handled as unclaimed property.
Sec. B-2.  17-A MRSA §2016, sub-§2, as enacted by PL 2019, c. 113, Pt. A, §2, 
is amended to read:
2.  Payment of restitution or fines from other sources.  A prisoner, other than one 
addressed by subsection 1, who receives money, from any source, shall pay 25% of that 
money to any victim or the court if the court has ordered that restitution or a fine be paid.  
The chief administrative officer of the correctional facility in which the prisoner is 
incarcerated shall collect and disburse to the victim or victims that portion of the 
prisoner's money ordered as restitution.  The chief administrative officer of the 
correctional facility where the prisoner is incarcerated shall also collect and disburse to 
the court that portion of the prisoner's money ordered as fines after the restitution is paid 
in full.  If the victim or victims ordered by the court to receive restitution cannot be 
located, the correctional facility shall inform the court that ordered restitution. The court 
shall determine the distribution of these funds forward the funds, as provided in section 
2009, to the Treasurer of State to be handled as unclaimed property.  Money received by 
the prisoner and directly deposited into a telephone call account established by the 
Department of Corrections for the sole purpose of paying for use of the department's 
client telephone system is not subject to this subsection, except that 25% of any money 
received by the prisoner and transferred from the telephone call account to the 
department's general client account at the time of the prisoner's discharge or transfer to 
supervised community confinement must be collected and disbursed as provided in this 
subsection.
PART C
Sec. C-1.  17-A MRSA §301, sub-§1, ¶A, as amended by PL 2001, c. 383, §26 
and affected by §156, is further amended to read:
A.  The actor knowingly restrains another person with the intent to:
(1)  Hold the other person for ransom or reward;
(2)  Use the other person as a shield or hostage;
(3)  Inflict bodily injury upon the other person or subject the other person to 
conduct defined as criminal in chapter 11;
(3-A)  Subject the other person to conduct defined as criminal in chapter 11;
(4)  Terrorize the other person or a 3rd person;
(5)  Facilitate the commission of another crime by any person or flight thereafter; 
or 
(6)  Interfere with the performance of any governmental or political function; or
Sec. C-2.  34-A MRSA §11203, sub-§6, ¶B, as repealed and replaced by PL 
2013, c. 424, Pt. A, §19, is amended to read:
B.  A violation under former Title 17, section 2922; former Title 17, section 2923; 
former Title 17, section 2924; Title 17-A, section 253, subsection 2, paragraph E, F, 
G, H, I or J; Title 17-A, section 254; former Title 17-A, section 255, subsection 1, 
paragraph A, E, F, G, I or J; former Title 17-A, section 255, subsection 1, paragraph 
B or D if the crime was not elevated a class under former Title 17-A, section 255, 
subsection 3; Title 17-A, section 255-A, subsection 1, paragraph A, B, C, F-2, G, I, J, 
K, L, M, N, Q, R, S or T; Title 17-A, section 256; Title 17-A, section 258; former 
Title 17-A, section 259; Title 17-A, section 282; Title 17-A, section 283; Title 17-A, 
section 284; Title 17-A, section 301, subsection 1, paragraph A, subparagraph (3) 
(3-A), unless the actor is a parent of the victim; Title 17-A, section 511, subsection 1, 
paragraph D; Title 17-A, section 556; Title 17-A, section 852, subsection 1, 
paragraph B; or Title 17-A, section 855;
Sec. C-3.  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) (3-A);
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) 
(3-A);
PART D
Sec. D-1.  17-A MRSA §1111-B, as amended by PL 2019, c. 292, §1, is further 
amended to read:
§1111-B.  Exemption from criminal liability for reporting a drug-related medical 
emergency or administering naloxone
A person who in good faith seeks medical assistance for or administers naloxone 
hydrochloride to another person experiencing a drug-related overdose or who is 
experiencing a drug-related overdose and is in need of medical assistance may not be 
arrested or, prosecuted for or subject to revocation of probation based on conduct that 
would otherwise constitute a violation of section 1107-A, 1108, 1111 or 1111-A or a 
violation of probation as authorized by chapter 49 if the grounds for arrest or prosecution 
are obtained as a result of the person's seeking medical assistance, administering 
naloxone hydrochloride or experiencing a drug-related overdose.
SUMMARY
This bill is submitted by the Criminal Law Advisory Commission pursuant to the 
Maine Revised Statutes, Title 17-A, section 1354, subsection 2.
Part A of the bill authorizes nonconcurrent sentencing when a crime is committed by 
a convicted person during a stay of execution of any term of imprisonment or after failure 
to report after a stay of execution of any term of imprisonment.  It also authorizes 
nonconcurrent sentencing when the convicted person is convicted of the crime of failure 
to report as ordered after a stay of execution of any term of imprisonment.
Part B amends Title 17-A, section 2016 to make it consistent with existing law in 
Title 17-A, section 2009 with respect to disposition of funds by  correctional facilities 
when they hold funds for the purposes of restitution and the victim cannot be located.  
Current Title 17-A, section 2016 requires the facility to notify the court and the court to 
determine distribution of the funds.  The bill requires the facility to forward the funds to 
the Treasurer of State to be handled as unclaimed property, consistent with current Title 
17-A, section 2009.
Part C separates 2 variants of kidnapping under Title 17-A, section 301, subsection 1, 
paragraph A, subparagraph (3).  The crime of kidnapping with the intent to inflict bodily 
injury is distinct from the crime of kidnapping with the intent to subject a person to 
criminal activity defined in Title 17-A, chapter 11.  The latter remains a Tier III crime 
requiring registration pursuant to the Sex Offender Registration and Notification Act of 
2013.  Crimes committed in violation of Title 17-A, section 301, subsection 1, paragraph 
A, subparagraph (3) after the effective date of this legislation will not require registration.  
In addition, this provision provides clarity in the Maine Criminal Code and a more 
accurate reference for purposes of crime data.
Part D clarifies that immunity from revocation of probation is limited to the same 
conduct for which there is immunity from prosecution under the law protecting persons 
seeking medical assistance or administering naloxone hydrochloride or experiencing a 
drug-related overdose.