Resolve, to Create an Advisory Council to Oversee the Review and Revision of the Maine Criminal Code and Other Statutes Establishing Criminal Offenses
Maine Legislature, Session 131, LD 1903
Committee: Criminal Justice and Public Safety
Sponsors: TALBOT ROSS, BRAKEY, ANDREWS, FAULKINGHAM, KUHN, MOONEN, BENNETT

Legislative Document
No. 1903
H.P. 1218
House of Representatives, May 9, 2023
Resolve, to Create an Advisory Council to Oversee the Review and 
Revision of the Maine Criminal Code and Other Statutes 
Establishing Criminal Offenses
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Speaker TALBOT ROSS of Portland.
Cosponsored by Senator BRAKEY of Androscoggin and
Representatives: ANDREWS of Paris, FAULKINGHAM of Winter Harbor, KUHN of 
Falmouth, MOONEN of Portland, Senator: BENNETT of Oxford.
Sec. 1.  Advisory council to review and revise Maine Criminal Code and 
other criminal provisions. Resolved: That an advisory council is created to oversee a 
review and revision of the Maine Criminal Code and other statutes establishing Class A to 
Class E crimes in the Maine Revised Statutes.  The advisory council shall select and enter 
into a contract with an outside consultant under section 2 to conduct the review.  The 
advisory council shall review the report of the outside consultant and make 
recommendations to the Legislature. The advisory council consists of the following 7 
members:
1.  A person who is a prosecuting attorney, appointed by the President of the Senate;
2.  A representative of a statewide organization with a mission of advancing civil 
liberties, appointed by the President of the Senate;
3.  A member of the public, appointed by the President of the Senate;
4.  A person who is a criminal defense attorney, appointed by the Speaker of the House 
of Representatives; 
5.  A person who is a legal educator, appointed by the Speaker of the House of 
Representatives;
6.  A representative of a statewide organization with a mission of advancing racial 
justice, appointed by the Speaker of the House of Representatives; and
7.  An active retired judge or justice, appointed by the Chief Justice of the Supreme 
Judicial Court.
Sec. 2.  Outside consultant; review. Resolved:  That the Legislative Council shall 
issue a request for proposals seeking an outside consultant with experience and expertise 
in the review of criminal statutory provisions to conduct a review of the Maine Criminal 
Code and other statutes establishing Class A to Class E crimes in the Maine Revised 
Statutes.  The advisory council shall assist the Legislative Council in drafting the request 
for proposals and shall interview the applicants and select the outside consultant from the 
group of applicants.  The outside consultant shall conduct a review of the Maine Criminal 
Code and other offenses that are designated as Class A to Class E crimes in the Maine 
Revised Statutes to determine criminal offenses that have not been charged or have rarely 
been charged in the State within the previous 10 years and other offenses that may be 
redundant, outdated or otherwise not conducive to public safety in the State and the proper 
application of the Maine Criminal Code and of the laws regarding other offenses that are 
designated as Class A to Class E crimes in the Maine Revised Statutes and determine 
whether to eliminate those offenses from or retain those offenses in the Maine Criminal 
Code and in other laws. The advisory council shall review the report of the outside 
consultant and develop recommendations.
Sec. 3.  Departments and agencies.  Resolved:  That a department or agency of 
the State may make recommendations to the advisory council concerning a crime under the 
jurisdiction of the department or agency.
Sec. 4.  Report.  Resolved:  That, by November 6, 2024, the advisory council shall 
submit a report based upon the review under this resolve and any recommended legislation 
to the joint standing committee of the Legislature having jurisdiction over criminal justice 
and public safety matters, which may report out legislation to the 132nd Legislature in 
2025.
SUMMARY
This resolve creates an advisory council to select an outside consultant to review the 
Maine Criminal Code and other statutes establishing Class A to Class E crimes in the Maine 
Revised Statutes for criminal offenses that have not been charged or have rarely been 
charged within the previous 10 years and other offenses not conducive to public safety in 
the State and the proper application of the Maine Criminal Code and of the laws regarding 
other offenses that are designated as Class A to Class E crimes in the Maine Revised 
Statutes and determine whether to eliminate those offenses from or retain those offenses in 
the Maine Criminal Code and in other laws. This resolve directs the advisory council to 
submit a report based upon the review and any recommended legislation to the joint 
standing committee of the Legislature having jurisdiction over criminal justice and public 
safety matters, which is authorized to report out legislation to the 132nd Legislature in 
2025.