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 Amendment CA_A_H778 (House)

COMMITTEE AMENDMENT " /\ »to H,P, 1218, L,D. 1903, "Resolve, to Create an
Advisory Council to Oversee the Review and Revision of the Maine Criminal Code and
Other Statutes Establishing Criminal Offenses"
Amend the resolve by striking out the title and substituting the following;
'Resolve, to Create an Advisory Council to Oversee the Review and Technical
Revision of the IMaine Criminal Code and Other Statutes Establishing Criminal
Offenses'
Amend the resolve by striking out everything after the title and inserting the following:
'See. 1. Advisory council to review and revise Maine Criminal Code and
other criminal provisions. Resolved: That an advisoiy council is created to oversee a
review and technical revision of the Maine Criminal Code and other statutes establishmg
criminal offenses. 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, consult with the Criminal Law Advisoiy Commission,
established pursuant to the Maine Revised Statutes, Title 5, section 12004-1, subsection 52,
and make recommendations to the Legislature, The advisory council consists of the
following 5 members;
1, A person who is a prosecuting attorney licensed in the State, appointed by the
President of the Senate upon the recommendation of the Maine Prosecutors Association;
2, A person who is a criminal defense attorney licensed in the State, appointed by the
Speaker of the House of Representatives upon the recommendation of the Maine
Commission on Indigent Legal Services, established pursuant to Title 5, section 12004-G,
subsection 25-A;
3. A person who is a legal educator with expertise in Maine criminal law, appointed
by the Speaker of the House of Representatives upon the recommendation of the dean of
the University of Maine School of Law;
COMMITTEE AMENDMENT
ROS
COMMITTEE AMENDMENT "A. "toH.P. 1218, L.D. 1903
4, An active retired judge or justice, appointed by the Chief Justice of the Supreme
Judicial Court; and
5, The Attorney General or the Attorney General's designee, who shall serve as chair
of the advisory council,
A majority of the advisory council must be present to conduct business, but all votes
and other approvals of advisory council actions require the consensus of all 5 members.
Sec. 2. Outside, consultant; review. Resolved: That the Attorney General shall
issue a request for proposals seeking an outside consultant who is a licensed attorney in the
State with experience and expertise in crhninal law and statutory construction to conduct a
review of the Maine Criminal Code and other statutes establishing criminal offenses,
Submitted proposals must include a list of staff required to perform the proposed work on
behalf of the advisory council under section 1. The advisory council shall assist the
Attorney General 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 crimes established in the Maine
Revised Statutes to identify unused and obsolete provisions, clarify confusing language,
eliminate inconsistencies, consolidate or eliminate redundant provisions and reorganize or
restructure the Maine Criminal Code and other statutes establishing criminal offenses. 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 under section 1 concerning
a crime under the jurisdiction of the department or agency,
Sec. 4. Report. Resolved: That, by February 1, 2026, the advisory council under
section 1 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 2026.
See. 5. Appropriations and allocations. Resolved: That the following
appropriations and allocations are made,
ATTORNEY GENERAL, DEPARTMENT OF THE
Administration - Attorney General 0310
Initiative; Provides one-time funding for reimbursement of expenses of 3 public members
of the advisory council created to oversee the review and technical revision of the Maine
Criminal Code and other statutes establishing criminal offenses,
GENERAL FUND 2023-24 2024-25
AHOther $0 $2,520
GENERAL FUND TOTAL $0 $2,520
Administration - Attorney General 0310
Initiative: Provides one-time funding for consulting services to conduct a technical review
of the Maine Criminal Code and other statutes establishing criminal offenses.
COMMITTEE AMENDMENT
ROS _„„„.._„
COMMITTEE AMENDMENT " A " to H,P. 1218, L.D. 1903
GENERAL FUND 2023-24 2024-25
AllOther . . $0 $185,200
GENERAL FUND TOTAL $0 $185,200
ATTORNEY GENERAL, DEPARTMENT OF THE
DEPARTMENT TOTALS 2023-24 2024-25
GENERAL FUND $0 $187,720
DEPARTMENT TOTAL - ALL FUNDS $0 $187,720
JUDICIAL DEPARTMENT
Courts - Supreme, Superior and District 0063
Initiative: Provides one-time funding for costs associated with an active retu'ed judge or
justice serving on the advisoiy council.
GENERAL FUND 2023-24 2024-25
AllOther $0 $3,850
GENERAL FUND TOTAL $0 $3,850
JUDICIAL DEPARTMENT
DEPARTMENT TOTALS
GENERAL FUND
DEPARTMENT TOTAL - ALL FUNDS
SECTION TOTALS
GENERAL FUND
SECTION TOTAL - ALL FUNDS $0 $191,570
Amend the resolve by relettering or renumbering any nonconsecutive Part letter or
5 section number to read consecutively.
SUMMARY
This amendment, which is one of 2 reports of the committee, does the following,
1. It changes the obligations for issuing and overseeing the request for proposals from
the Legislative Council to the Attorney General,
2. It narrows the scope of the advisory council's and outside .consultant's duties to a
technical review of the Maine Criminal Code and statutes establishing criminal offenses.
2023-24
$0
$0
2023-24
$0
2024-25
$3,850
$3,850
2024-25
$191,570
COMMITTEE AMENDMENT
ROS
COMMITTEE AMENDMENT " A "toH.P. 1218, L.D, 1903
This technical review involves identifying unused and obsolete provisions, clarifying
confusing language, eliminating inconsistencies, consolidating or eliminating redundant
provisions and reorganizing or restructuring as necessary,
3. It changes provisions concerning advisory council membership in the following
ways: adding that the prosecuting attorney on the advisory council is licensed in the State
and recommended by the Maine Prosecutors' Association; adding that the defense attorney
on the advisory council is licensed in the State and recommended by the Maine
Commission on Indigent Legal Services; removing a representative of a statewide
organization with a mission of advancing civil liberties; removing a member of the public;
adding that the legal educator must have expertise in Maine criminal law and be
recommended by the dean of the University of Maine School of Law; removing a
representative of a statewide organization, with a mission of advancing racial justice; and
adding the Attorney General or the Attorney General's designee, who serves as chair of the
advisory council.
4, It stipulates that a majority of advisory council members must be present to conduct
council business and that all votes and other approvals of advisory council actions require
the consensus of all 5 members,
5, It changes the reporting deadline from November 6, 2024 to February 1, 2026,
FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Approved: 02/13/24 ^%?<*-
LD 1903 LR 50(02)
Resolve, to Create an Advisory Council to Oversee the Review and Revision of the Maine Criminal
Code and Other Statutes Establishing Criminal Offenses
Fiscal Note for Bill as Amended by Committee Amendment '^" ^ |_| - ~^^-&'
Committee: Criminal Justice and Public Safety
Fiscal Note Required; Yes
Fiscal Note
Projections Projections
FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27
Net Cost (Savings)
General Fund $0 $191,570 $148,655 $0
I
Appropriations/Allocations
General Fund $0 $191,570 $148,655 $0
Fiscal Detail and Notes
This bill includes one-time appropriations of $191,570 in fiscal year 2024-25 for costs associated with conducting a
technical review and revision of the Maine Criminal Code and other statutes defining crimes in the Maine Revised
Statutes, This total includes appropriations to the Department of the Attorney General of $185,200 for consulting
services and $2,520 for reimbursement of expenses of public members of the advisory council created to oversee the
review. It also includes appropriations of $3,850 to the Judicial Department for the costs of a retired judge or justice
serving on the advisory council,
LR0050(02) - Fiscal Note - Page 1 of 1