An Act To Update Criminal and Related Statutes and Respond to Decisions of the Law Court
Maine Legislature, Session 130, LD 1903
Committee: Criminal Justice and Public Safety
Amends: 5 MRSA §20071, 25 MRSA §2005-A, 29-A MRSA §2431, 29-A MRSA §2521, 29-A MRSA §2522, 15 MRSA §393, 15 MRSA §1026, 17-A MRSA §1805, 17-A MRSA §1806, 17-A MRSA §1812, 17-A MRSA §1815, 17-A MRSA §253, 17-A MRSA §255-A, 17-A MRSA §260

Legislative Document
No. 1903
H.P. 1410
House of Representatives, January 5, 2022
An Act To Update Criminal and Related Statutes and Respond to 
Decisions of the Law Court
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.  5 MRSA §20071, sub-§1, as amended by PL 1999, c. 448, §1, is further 
amended to read:
1.  Alcohol-related or other drug-related motor vehicle incident.  "Alcohol-related 
or other drug-related motor vehicle incident" means a conviction or administrative action 
resulting in the suspension of a motor vehicle operator's license for a violation under former 
Title 29, section 1311-A; Title 29, section 1312, subsection 10‑A; Title 29, section 1312‑C; 
Title 29, section 1312‑B; Title 29, section 1313‑B; Title 29, section 2241, subsection 1, 
paragraph N; Title 29, section 2241‑G, subsection 2, paragraph B, subparagraph (2); Title 
29, section 2241-J; Title 29-A, section 1253; Title 29-A, section 2411; Title 29-A, section 
2453; Title 29‑A, section 2454, subsection 2; Title 29-A, section 2456; Title 29-A, section 
2457; Title 29-A, section 2472, subsection 3, paragraph B and subsection 4; Title 29-A, 
section 2503; Title 29-A, sections 2521 to and 2523; or Title 29‑A, section 2525 or the 
rules adopted by the Department of the Secretary of State for the suspension of commercial 
drivers' licenses.
Sec. A-2.  25 MRSA §2005-A, sub-§3, as amended by PL 1995, c. 65, Pt. A, §77 
and affected by §153 and Pt. C, §15, is further amended to read:
3.  Suspension in effect during pendancy pendency.  The suspension remains in 
effect until the entry of judgment if charges are filed of violating Title 17‑A, section 1057 
or of operating a motor vehicle, snowmobile, ATV, or watercraft under the influence of 
intoxicating liquor or drugs, unless it is determined by the court in which the criminal 
charge or civil violation is pending, or by the Secretary of State if a hearing is held pursuant 
to Title 29‑A, section 2521, 2522 or 2523, that the law enforcement officer did not have 
probable cause to require the permit holder to submit to chemical testing.
Sec. A-3.  29-A MRSA §2431, sub-§3, as amended by PL 1995, c. 368, Pt. AAA, 
§15, is further amended to read:
3.  Failure as evidence.  Failure of a person to submit to a chemical test is admissible 
in evidence on the issue of whether that person was under the influence of intoxicants.
If the law enforcement officer fails to give the required warnings, the failure of the person 
to submit to a chemical test is not admissible, except when a test was required under section 
2522.
If a failure to submit to a chemical test is not admitted into evidence, the court may inform 
the jury that no test result is available.
If a test result is not available for a reason other than failing to submit to a chemical test, 
the unavailability and the reason is are admissible in evidence.
Sec. A-4.  29-A MRSA §2521, sub-§6-A is enacted to read:
6-A.  Suspension for refusal when probable cause exists to believe death has 
occurred or will occur.  Except when a longer period of suspension is otherwise provided 
by law, if, in addition to the probable cause set forth in subsection 1, there is also probable 
cause to believe that death occurred or will occur, the suspension is for a period of one year 
for a first refusal.
Sec. A-5.  29-A MRSA §2521, sub-§8, ¶A-1 is enacted to read:
A-1.  For the purposes of subsection 6-A, there is probable cause to believe that death 
has occurred or will occur;
Sec. A-6.  29-A MRSA §2522, as amended by PL 2013, c. 459, §9, is repealed.
PART B
Sec. B-1.  15 MRSA §393, sub-§1, ¶A-1, as amended by PL 2015, c. 470, §1, is 
further amended by amending subparagraph (3) to read:
(3)  A crime under the laws of any other state another jurisdiction that, in 
accordance with the laws of that jurisdiction, is punishable by a term of 
imprisonment exceeding one year.  This subparagraph does not include a crime 
under the laws of another state jurisdiction that is classified by the laws of that state 
jurisdiction as a misdemeanor and is punishable by a term of imprisonment of 2 
years or less;
Sec. B-2.  15 MRSA §393, sub-§1, ¶A-1, as amended by PL 2015, c. 470, §1, is 
further amended by amending subparagraph (4) to read:
(4)  A crime under the laws of any other state another jurisdiction that, in 
accordance with the laws of that jurisdiction, does not come within subparagraph 
(3) but is elementally substantially similar to a crime in this State that is punishable 
by a term of imprisonment for of one year or more; or
Sec. B-3.  15 MRSA §393, sub-§1, ¶A-1, as amended by PL 2015, c. 470, §1, is 
further amended by amending subparagraph (5) to read:
(5)  A crime under the laws of the United States, this State or any other state or the 
Passamaquoddy Tribe or Penobscot Nation another jurisdiction in a proceeding in 
which the prosecuting authority was required to plead and prove that the person 
committed the crime with the use of:
(a)  A firearm against a person; or
(b)  Any other dangerous weapon.
Sec. B-4.  15 MRSA §393, sub-§1, ¶C, as amended by PL 2015, c. 470, §1, is 
further amended to read:
C.  Has been adjudicated in this State or under the laws of the United States or any 
other state another jurisdiction to have engaged in conduct as a juvenile that, if 
committed by an adult, would have been a disqualifying conviction:
(1)  Under paragraph A‑1, subparagraphs (1) to (4) and bodily injury to another 
person was threatened or resulted; or
(3)  Under paragraph A‑1, subparagraph (5).
Violation of this paragraph is a Class C crime;
Sec. B-5.  15 MRSA §393, sub-§1, ¶D, as amended by PL 2015, c. 470, §1, is 
further amended to read:
D.  Is subject to an order of a court of the United States or a state, territory, 
commonwealth or tribe another jurisdiction that restrains that person from harassing, 
stalking or threatening an intimate partner, as defined in 18 United States Code, Section 
921(a), of that person or a child of the intimate partner of that person, or from engaging 
in other conduct that would place the intimate partner in reasonable fear of bodily 
injury to the intimate partner or the child, except that this paragraph applies only to a 
court order that was issued after a hearing for which that person received actual notice 
and at which that person had the opportunity to participate and that:
(1)  Includes a finding that the person represents a credible threat to the physical 
safety of an intimate partner or a child; or
(2)  By its terms, explicitly prohibits the use, attempted use or threatened use of 
physical force against an intimate partner or a child that would reasonably be 
expected to cause bodily injury.
Violation of this paragraph is a Class D crime;
Sec. B-6.  15 MRSA §393, sub-§1-A, as amended by PL 2015, c. 470, §2, is further 
amended to read:
1-A.  Limited prohibition for nonviolent juvenile offenses.  A person who has been 
adjudicated in this State or under the laws of the United States or any other state another 
jurisdiction to have engaged in conduct as a juvenile that, if committed by an adult, would 
have been a disqualifying conviction under subsection 1, paragraph A‑1 or subsection 1‑B, 
paragraph A but is not an adjudication under subsection 1, paragraph C or an adjudication 
under subsection 1‑B, paragraph B in which bodily injury to another person was threatened 
or resulted may not own or have in that person's possession or control a firearm for a period 
of 3 years following completion of any disposition imposed or until that person reaches 18 
years of age, whichever is later.  Violation of this subsection by a person at least 18 years 
of age is a Class C crime.
Sec. B-7.  15 MRSA §393, sub-§1-B, ¶A, as amended by PL 2015, c. 470, §3, is 
further amended by amending subparagraph (2) to read:
(2)  A crime under the laws of the United States or any other state another 
jurisdiction that in accordance with the laws of that jurisdiction is elementally 
substantially similar to a crime in subparagraph (1).
Sec. B-8.  15 MRSA §393, sub-§1-B, ¶B, as amended by PL 2015, c. 470, §3, is 
further amended to read:
B.  Has been adjudicated in this State or under the laws of the United States or any 
other state another jurisdiction to have engaged in conduct as a juvenile that, if 
committed by an adult, would have been a disqualifying conviction under this 
subsection.  Violation of this paragraph is a Class C crime.
Sec. B-9.  15 MRSA §393, sub-§7, ¶C, as enacted by PL 2001, c. 549, §4, is 
repealed.
Sec. B-10.  15 MRSA §393, sub-§7, ¶F is enacted to read:
F.  "Another jurisdiction" has the same meaning as in Title 17-A, section 2, subsection 
3-B.
PART C
Sec. C-1.  15 MRSA §1026, sub-§5, as amended by PL 2021, c. 397, §6, is further 
amended to read:
5.  Contents of release order.  In a release order issued under subsection 2‑A or 3, the 
judicial officer shall:
A.  Include a written statement that sets forth:
(1)  All the conditions to which the release defendant is subject in a manner 
sufficiently clear and specific to serve as a guide for the defendant's conduct; and
(2)  If an agreement to forfeit money under subsection 3, paragraph A, 
subparagraph (11) or (12) is ordered, the reason the judicial officer has set the 
amount of money ordered to be forfeited under the agreement; and
B.  Advise the defendant of that:
(1)  The penalties if the defendant fails to appear as required conditions of release 
take effect and are fully enforceable immediately as of the time the judicial officer 
sets the conditions, unless the release order expressly excludes a condition or 
conditions of release from immediate applicability; and
(2)  The penalties for and consequences of violating a condition of release, 
including the immediate issuance of a warrant for the defendant's arrest Failure to 
appear or comply with a condition or conditions of release may subject the 
defendant to revocation of bail and additional criminal penalties.
Sec. C-2.  15 MRSA §1026, sub-§7, as enacted by PL 1995, c. 356, §5, is amended 
to read:
7.  Applicability of conditions of release.  A condition of release takes effect and is 
fully enforceable immediately as of the time the judicial officer sets the condition, unless 
the bail release order expressly excludes it a condition of release from immediate 
applicability., if the defendant is advised by a judicial officer, a law enforcement officer or 
an employee of a county or regional jail or a correctional facility having custody of the 
defendant:
A.  Of the condition; and
B.  That failure to appear or comply with the condition may subject the defendant to 
revocation of bail and additional criminal penalties.
PART D
Sec. D-1.  17-A MRSA §1805, sub-§1, as enacted by PL 2019, c. 113, Pt. A, §2, is 
amended to read:
1.  Determination of date probation begins; revocation; place of imprisonment.   
Unless prohibited pursuant to section 1802, subsection 1, paragraphs A to F, the court may 
impose a split sentence by sentencing an individual to a term of imprisonment not to exceed 
the maximum term authorized for the crime, an initial portion of which is to be served and 
the remainder of which is to be suspended, and accompany the suspension with a period of 
probation not to exceed the maximum period authorized for the crime.  The period of 
probation commences on the date the individual is released from the unsuspended portion 
of the term of imprisonment, unless the court orders it to commence on an earlier date.  If 
the period of probation commences on the date the person is released from the initial 
unsuspended portion of the term of imprisonment, that day is counted as the first full day 
of the period of probation.
A.  If the period of probation commences upon release of the individual from an 
unsuspended portion of the term of imprisonment, the court may revoke probation for 
any criminal conduct committed during that unsuspended portion of the term of 
imprisonment.
B.  If execution of the sentence is stayed, the court may revoke probation for criminal 
conduct committed during the period of stay or for failure to report as ordered.
C.  The court may revoke probation if, during any unsuspended portion of the term of 
imprisonment, an individual sentenced as a repeat sexual assault offender, pursuant to 
section 1804, subsection 4, refuses to actively participate in a sex offender treatment 
program in accordance with the expectations and judgment of the treatment providers, 
when requested to do so by the Department of Corrections.
D.  The court may revoke probation if, during an unsuspended portion of the term of 
imprisonment:
(1)  The individual has contact with a victim with whom the individual has been 
ordered not to have contact as a condition of probation;
(2)  In the case of an individual who has been committed to the Department of 
Corrections, the individual has contact with any victim with whom the individual 
has been prohibited to have contact by the Department of Corrections; or
(3)  In the case of an individual who has been committed to a county or regional 
jail, the individual has contact with any victim with whom the individual has been 
prohibited to have contact by the county or regional jail.
E.  As to both the suspended and unsuspended portions of the sentence, the place of 
imprisonment must be as follows.
(1)  For a Class D or Class E crime, the court must specify a county jail as the place 
of imprisonment.
(2)  For a Class A, Class B or Class C crime, the court must:
(a)  Specify a county jail as the place of imprisonment for any portion of the 
sentence that is 9 months or less; and
(b)  Commit the individual to the Department of Corrections for any portion of 
the sentence that is more than 9 months.
Sec. D-2.  17-A MRSA §1806, as enacted by PL 2019, c. 113, Pt. A, §2, is amended 
to read:
§1806.  Wholly suspended term of imprisonment with probation
Unless prohibited pursuant to section 1802, subsection 1, paragraphs A to F, the court 
may sentence an individual to a term of imprisonment not to exceed the maximum term 
authorized for the crime, suspend the entire term of imprisonment and accompany the 
suspension with a period of probation not to exceed the maximum period authorized for 
the crime, to commence on the date the individual goes into actual execution of the 
sentence.  The day the individual goes into actual execution of the sentence is counted as 
the first full day of the period of probation.
Sec. D-3.  17-A MRSA §1812, sub-§7, as enacted by PL 2019, c. 113, Pt. A, §2, is 
amended to read:
7.  Tolling of period of probation; conditions of probation continue in effect.   The 
running of the period of probation is tolled upon either the delivery of the summons, the 
filing of the written notice with the court that the person cannot be located or the arrest of 
the person.  If the court finds a violation of probation, the day upon which the tolling occurs 
does not count toward the period of probation.  If the motion is dismissed or withdrawn, or 
if the court finds no violation of probation, the running of the period of probation is deemed 
not to have been tolled.  The conditions of probation continue in effect during the tolling 
of the running of the period of probation, and any violation of a condition subjects the 
person to a revocation of probation pursuant to the provisions of this subchapter.
Sec. D-4.  17-A MRSA §1815 is enacted to read:
§1815.  Completion of period of probation
A period of probation is completed when the last day of the period, excluding any days 
during which the running of the period of probation is tolled, ends.
PART E
Sec. E-1.  17-A MRSA §253, sub-§2, ¶M, as amended by PL 2019, c. 438, §2, is 
further amended to read:
M.  The other person has not expressly or impliedly acquiesced to the sexual act and 
the actor knows that the other person has not acquiesced.  Violation of this paragraph 
is a Class C crime; or
Sec. E-2.  17-A MRSA §255-A, sub-§1, ¶A, as enacted by PL 2001, c. 383, §23 
and affected by §156, is amended to read:
A.  The other person has not expressly or impliedly acquiesced in the sexual contact 
and the actor knows that the other person has not acquiesced. Violation of this 
paragraph is a Class D crime;
Sec. E-3.  17-A MRSA §255-A, sub-§1, ¶B, as enacted by PL 2001, c. 383, §23 
and affected by §156, is amended to read:
B.  The other person has not expressly or impliedly acquiesced in the sexual contact, 
the actor knows that the other person has not acquiesced and the sexual contact includes 
penetration. Violation of this paragraph is a Class C crime;
Sec. E-4.  17-A MRSA §260, sub-§1, ¶A, as enacted by PL 2003, c. 138, §5, is 
amended to read:
A.  The other person has not expressly or impliedly acquiesced in the sexual touching 
and the actor knows that the other person has not acquiesced.  Violation of this 
paragraph is a Class D crime;
SUMMARY
This bill does the following.
1.  In Part A, in response to State v. Weddle, 2020 ME 12, the bill repeals the Maine 
Revised Statutes, Title 29-A, section 2522, which was found to be unconstitutional in that 
it required the driver's blood to be taken without consent and without probable cause to 
believe that the driver was impaired by alcohol or drugs at the time the driver's blood was 
taken.  The bill also moves the statutory allocation of the one-year period of suspension for 
refusal to take a chemical test when there is probable cause to believe that death occurred 
or will occur as a result of an accident to the law on implied consent to a chemical test and 
makes the language consistent with existing law.
2.  In Part B, the bill amends Title 15, section 393 to recognize that convictions in the 
tribal courts of federally recognized Indian tribes are disqualifying convictions for the 
purposes of the prohibition against firearms created by Title 15, section 393.  It makes Title 
15, section 393 more consistent with the Maine Criminal Code by using the phrase "another 
jurisdiction" to reference the courts identified by that term.
3.  In Part C, in response to State v. LeBlanc-Simpson, 2018 ME 109, the bill clarifies 
that a judicial officer in issuing a written release order under Title 15, section 1026, 
subsection 2-A or 3 must inform a defendant of the conditions of release, that the conditions 
take effect and are fully enforceable immediately and that failure to appear or comply with 
conditions may result in revocation of bail and additional criminal penalties.  The bill 
provides that a condition of release takes effect and is fully enforceable immediately as of 
the time the judicial officer sets the condition, unless the release order expressly excludes 
a condition of release from immediate applicability, if the defendant is advised of the 
conditions and that failure to appear or comply with the conditions may subject the 
defendant to revocation of bail and additional criminal penalties.  This bill provides that 
the notice required in order for a condition of release to take effect immediately may be 
provided by a judicial officer, a law enforcement officer or an employee of a county or 
regional jail or a correctional facility having custody of the defendant.
4.  In Part D, the bill amends the laws governing probation to reflect the current practice 
of the Department of Corrections with respect to calculating the period of probation.  A 
probationer receives credit for a full day of probation on the day probation commences, 
regardless of the time of day, and receives no credit for a day on which probation is tolled.  
The period of probation ends when the final day of the probation period ends.
5.  In Part E, the bill amends the law to respond to the issue identified by the Law Court 
in State v. Asaad, 2020 ME 11, specifically the absence of a mens rea requirement in the 
Class C crime of gross sexual assault under Title 17-A, section 253, subsection 2, paragraph 
M.  The bill requires the State to prove, as an element of that crime of gross sexual assault, 
that the defendant engaged in the prohibited conduct knowing that the other person had not 
expressly or impliedly acquiesced.  Because the same issue exists in the crimes of unlawful 
sexual contact and unlawful sexual touching, the same "knowing" culpable mental state 
element is proposed for the corresponding Class C and Class D crimes of unlawful sexual 
contact and the corresponding Class D crime of unlawful sexual touching.  This current 
proposal reflects the original proposal of the Criminal Law Advisory Commission in L.D. 
and differs from the committee amendment to that bill.  The committee amendment to 
L.D. 710 proposed a culpable mental state element of recklessness with respect to the 
attendant circumstances element of the other person's acquiescence.