An Act to Provide Remedies for Survivors of Commercial Sexual Exploitation
Maine Legislature, Session 131, LD 1436
Committee: Judiciary
Sponsors: RECKITT, BAILEY, COLLINGS, DODGE, GRAMLICH, SARGENT, SAYRE, STOVER, SUPICA, WILLIAMS
Amends: 15 MRSA §2262-A, 15 MRSA §2263, 15 MRSA §2264, 17-A MRSA §853, 17-A MRSA §853-A, 17-A MRSA §1604, 17-A MRSA §1902

Legislative Document
No. 1436
H.P. 932
House of Representatives, March 30, 2023
An Act to Provide Remedies for Survivors of Commercial Sexual 
Exploitation
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative RECKITT of South Portland.
Cosponsored by Senator BAILEY of York and
Representatives: COLLINGS of Portland, DODGE of Belfast, GRAMLICH of Old Orchard 
Beach, SARGENT of York, SAYRE of Kennebunk, STOVER of Boothbay, SUPICA of 
Bangor, WILLIAMS of Bar Harbor.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  15 MRSA §2262-A is enacted to read:
§2262-A.  Special statutory prerequisites for sealing criminal history record 
information related to engaging in prostitution
Criminal history record information relating to a criminal conviction for engaging in 
prostitution under Title 17-A, former section 853-A must be sealed under this chapter if:
1.  Eligible criminal conviction.  The criminal conviction is an eligible criminal 
conviction;
2.  Time since sentence fully satisfied.  At least one year has passed since the person 
has fully satisfied each of the sentencing alternatives imposed under Title 17-A, section 
1502, subsection 2 for the eligible criminal conviction; and
3.  Other convictions.  The person has not been convicted of a violation of Title 17-A, 
section 852, 853, 853-B or 855.
Sec. 2.  15 MRSA §2263, as enacted by PL 2021, c. 674, §1, is amended to read:
§2263.  Motion; persons who may file
A person may file a written motion seeking a court order sealing the person's criminal 
history record information relating to a specific criminal conviction in the underlying 
criminal proceeding based on a court determination that the person satisfies the statutory 
prerequisites specified in section 2262 or 2262-A. The written motion must briefly address 
each of the statutory prerequisites.
Sec. 3.  15 MRSA §2264, sub-§5, as enacted by PL 2021, c. 674, §1, is amended to 
read:
5.  Hearing; order; written findings.  The court shall hold a hearing on a motion filed 
under this section.  At the conclusion of the hearing, if the court determines that the person 
who filed the motion has established by a preponderance of the evidence each of the 
statutory prerequisites specified in section 2262 or 2262-A, the court shall grant the motion 
and shall issue a written order sealing the criminal history record information of the eligible 
criminal conviction that was the subject of the motion.  If, at the conclusion of the hearing, 
the court determines that the person has not established one or more of the statutory 
prerequisites specified in section 2262 or 2262-A, the court shall issue a written order 
denying the motion. The order must contain written findings of fact supporting the court's 
determination.  A copy of the court's written order must be provided to the person and the 
prosecutorial office that represented the State pursuant to subsection 3.
Sec. 4.  17-A MRSA §853, sub-§1, ¶B, as amended by PL 2015, c. 360, §1, is 
further amended to read:
B.  The person violates paragraph A and has 2 or more prior convictions in this State 
for any combination of the Maine offenses listed in this paragraph or for engaging in 
substantially similar conduct to that of the Maine offenses listed in this paragraph in 
another jurisdiction.  The Maine offenses are any violation of this section or section 
852, 853‑A, 853‑B or 855 or attempts to commit any of these crimes.  Section 9‑A 
governs the use of prior convictions when determining a sentence.  Violation of this 
paragraph is a Class C crime.
Sec. 5.  17-A MRSA §853-A, as amended by PL 2021, c. 315, §§1 and 2, is repealed.
Sec. 6.  17-A MRSA §1604, sub-§5, ¶B, as enacted by PL 2019, c. 113, Pt. A, §2, 
is amended to read:
B.  If the State pleads and proves that, at the time any crime, excluding murder, under 
chapter 9, 11, 12, 13, 27 or 35, excluding section 853‑A; section 402‑A, subsection 1, 
paragraph A; or section 752‑A or 752‑C was committed, or an attempt of any such 
crime was committed, the individual had 2 or more prior convictions under chapter 9, 
11, 12, 13, 27 or 35, excluding section 853‑A; section 402‑A, subsection 1, paragraph 
A; or section 752‑A or 752‑C, or for an attempt of any such crime, or for engaging in 
substantially similar conduct in another jurisdiction, the sentencing class for the crime 
is one class higher than it would otherwise be.
(1)  In the case of a Class A crime, the sentencing class is not elevated, but the prior 
record must be assigned special weight by the court when imposing a sentence.
(2)  Section 9‑A governs the use of prior convictions when determining a sentence, 
except that, for the purposes of this paragraph, for violations under chapter 11, the 
dates of prior convictions may have occurred at any time.
This paragraph does not apply to section 210‑A if the prior convictions have already 
served to elevate the sentencing class under section 210‑A, subsection 1, paragraph C 
or E or any other offense in which prior convictions have already served to elevate the 
sentencing class.
Sec. 7.  17-A MRSA §1902, sub-§6, as corrected by RR 2019, c. 2, Pt. A, §21, is 
repealed.
Sec. 8.  Commercial sexual exploitation survivor and human trafficking 
victim assistance stakeholder group. The Commissioner of Health and Human 
Services shall convene a stakeholder group that includes representatives of public and 
private agencies and organizations that provide direct support and services to survivors of 
commercial sexual exploitation and victims of human trafficking in the State. The 
stakeholder group shall identify funds that may be available to provide services to persons 
who have engaged in prostitution, as defined in the Maine Revised Statutes, Title 17-A, 
section 851, subsection 1, in order to address harm caused by violence associated with 
commercial sexual exploitation. The stakeholder group shall consider the availability of 
funds from public and private sources, including but not limited to funds available under 
the federal Victims of Trafficking and Violence Protection Act of 2000 and from the 
Victims’ Compensation Fund under Title 5, chapter 316-A. The stakeholder group shall 
consider and make recommendations for improving services for survivors of commercial 
sexual exploitation within the State.
Sec. 9.  Report of stakeholder group.  By December 6, 2023, the Department of 
Health and Human Services shall report to the Joint Standing Committee on Criminal 
Justice and Public Safety on the funds identified in section 8 that may be available to 
provide services to address harm caused by violence associated with commercial sexual 
exploitation, along with information about the scope of services that could be provided to 
persons who have engaged in prostitution. The joint standing committee may report out 
legislation based upon the report to the Second Regular Session of the 131st Legislature.
Sec. 10.  Data collection to support additional services for survivors of 
commercial sexual exploitation.  No later than January 15, 2024, and biennially 
thereafter, the Department of Public Safety shall submit to the joint standing committees 
of the Legislature having jurisdiction over health and human services matters and over 
criminal justice and public safety matters a report on the following:
1.  The number of convictions in the preceding biennium for violations of the Maine 
Revised Statutes, Title 17-A, chapter 35, the total amount of fines imposed and the total 
amount of fines collected;
2.  The number of requests for sealing records related to violations of the Maine 
Revised Statutes, Title 17-A, former section 853-A and the judicial determinations in those 
proceedings; and
3.  A description of services provided by the State for survivors of commercial sexual 
exploitation, including survivors who are minors or persons with a mental disability.
SUMMARY
This bill eliminates the crime of engaging in prostitution.  It provides for the sealing of 
a person's criminal history record for the former crime of engaging in prostitution.  It 
establishes a stakeholder group within the Department of Health and Human Services to 
identify funds that may be able to be used to provide services to those persons who 
experienced violence associated with commercial sexual exploitation and to report that 
information to the Joint Standing Committee on Criminal Justice and Public Safety.  It also 
directs the Department of Public Safety to report biennially to the joint standing committees 
of the Legislature having jurisdiction over health and human services matters and criminal 
justice and public safety matters related to the number of convictions of certain crimes, the 
fines imposed, requests regarding sealing criminal records and support services provided.