130th MAINE LEGISLATURE
FIRST REGULAR SESSION-2021
Legislative Document No. 710
H.P. 523 House of Representatives, March 5, 2021
An Act Regarding 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.
Received by the Clerk of the House on March 3, 2021. Referred to the Committee on
Criminal Justice and Public Safety pursuant to Joint Rule 308.2 and ordered printed.
ROBERT B. HUNT
Clerk
Printed on recycled paper
 1 Be it enacted by the People of the State of Maine as follows:
2 PART A
3 Sec. A-1. 17-A MRSA §554, sub-§1, ¶B-3, as amended by PL 2015, c. 358, §3,
4 is further amended to read:
5 B-3. Being the parent, foster parent, guardian or other person having the care and
6 custody of a child, knowingly deprives the child of necessary health care, with a result
7 that the child is placed in danger of serious harm. Violation of this paragraph is a Class
8 D crime; or
9 Sec. A-2. 17-A MRSA §554, sub-§1, ¶C, as amended by PL 2015, c. 358, §3, is
10 further amended to read:
11 C. Otherwise recklessly endangers Endangers the health, safety or welfare of the child
12 by recklessly violating a duty of care or protection. Violation of this paragraph is a
13 Class D crime.; or
14 Sec. A-3. 17-A MRSA §554, sub-§1, ¶D is enacted to read:
15 D. Endangers the health, safety or welfare of a child by recklessly violating a duty of
16 care or protection resulting in death or serious bodily injury to the child. Violation of
17 this paragraph is a Class C crime.
18 PART B
19 Sec. B-1. 17-A MRSA §253, sub-§1, ¶B, as amended by PL 2003, c. 711, Pt. B,
20 §2, is further amended to read:
21 B. The other person, not the actor's spouse, has not in fact attained the age of 14 years
22 and the actor is at least 3 years older than the other person. Violation of this paragraph
23 is a Class A crime; or
24 Sec. B-2. 17-A MRSA §253, sub-§1, ¶C, as enacted by PL 2003, c. 711, Pt. B,
25 §2, is amended to read:
26 C. The other person, not the actor's spouse, has not in fact attained 12 years of age and
27 the actor is at least 3 years older than the other person. Violation of this paragraph is
28 a Class A crime.
29 PART C
30 Sec. C-1. 15 MRSA §393, sub-§1, ¶A-1, as amended by PL 2015, c. 470, §1, is
31 further amended to read:
32 A-1. Has been convicted of committing or found not criminally responsible by reason
33 of insanity of committing:
34 (1) A crime in this State that is punishable by imprisonment for a term of one year
35 or more;
36 (2) A crime under the laws of the United States that is punishable by imprisonment
37 for a term exceeding one year;
38 (3) A crime under the laws of any other state another jurisdiction that, in
39 accordance with the laws of that jurisdiction, is punishable by a term of
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40
1 imprisonment exceeding one year. This subparagraph does not include a crime
41
2 under the laws of another state jurisdiction that is classified by the laws of that state
42
3 jurisdiction as a misdemeanor and is punishable by a term of imprisonment of 2
43
4 years or less;
5 (4) A crime under the laws of any other state another jurisdiction that, in
6 accordance with the laws of that jurisdiction, does not come within subparagraph
7 (3) but is elementally substantially similar to a crime in this State that is punishable
8 by a term of imprisonment for one year or more; or
9 (5) A crime under the laws of the United States, this State or any other state or the
10 Passamaquoddy Tribe or Penobscot Nation another jurisdiction in a proceeding in
11 which the prosecuting authority was required to plead and prove that the person
12 committed the crime with the use of:
13 (a) A firearm against a person; or
14 (b) Any other dangerous weapon.
15 Violation of this paragraph is a Class C crime;
16 Sec. C-2. 15 MRSA §393, sub-§1, ¶C, as amended by PL 2015, c. 470, §1, is
17 further amended to read:
18 C. Has been adjudicated in this State or under the laws of the United States or any
19 other state another jurisdiction to have engaged in conduct as a juvenile that, if
20 committed by an adult, would have been a disqualifying conviction:
21 (1) Under paragraph A-1, subparagraphs (1) to (4) and bodily injury to another
22 person was threatened or resulted; or
23 (3) Under paragraph A-1, subparagraph (5).
24 Violation of this paragraph is a Class C crime;
25 Sec. C-3. 15 MRSA §393, sub-§1, ¶D, as amended by PL 2015, c. 470, §1, is
26 further amended to read:
27 D. Is subject to an order of a court of the United States or a state, territory,
28 commonwealth another jurisdiction or a tribe that restrains that person from harassing,
29 stalking or threatening an intimate partner, as defined in 18 United States Code, Section
30 921(a), of that person or a child of the intimate partner of that person, or from engaging
31 in other conduct that would place the intimate partner in reasonable fear of bodily
32 injury to the intimate partner or the child, except that this paragraph applies only to a
33 court order that was issued after a hearing for which that person received actual notice
34 and at which that person had the opportunity to participate and that:
35 (1) Includes a finding that the person represents a credible threat to the physical
36 safety of an intimate partner or a child; or
37 (2) By its terms, explicitly prohibits the use, attempted use or threatened use of
38 physical force against an intimate partner or a child that would reasonably be
39 expected to cause bodily injury.
40 Violation of this paragraph is a Class D crime;
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 1 Sec. C-4. 15 MRSA §393, sub-§1-A, as amended by PL 2015, c. 470, §2, is further
2 amended to read:
3 1-A. Limited prohibition for nonviolent juvenile offenses. A person who has been
4 adjudicated in this State or under the laws of the United States or any other state another
5 jurisdiction to have engaged in conduct as a juvenile that, if committed by an adult, would
6 have been a disqualifying conviction under subsection 1, paragraph A-1 or subsection 1-B,
7 paragraph A but is not an adjudication under subsection 1, paragraph C or an adjudication
8 under subsection 1-B, paragraph B in which bodily injury to another person was threatened
9 or resulted may not own or have in that person's possession or control a firearm for a period
10 of 3 years following completion of any disposition imposed or until that person reaches 18
11 years of age, whichever is later. Violation of this subsection by a person at least 18 years
12 of age is a Class C crime.
13 Sec. C-5. 15 MRSA §393, sub-§1-B, ¶A, as amended by PL 2015, c. 470, §3, is
14 further amended by amending subparagraph (2) to read:
15 (2) A crime under the laws of the United States or any other state another
16 jurisdiction that in accordance with the laws of that jurisdiction is elementally
17 substantially similar to a crime in subparagraph (1).
18 Sec. C-6. 15 MRSA §393, sub-§1-B, ¶B, as amended by PL 2015, c. 470, §3, is
19 further amended to read:
20 B. Has been adjudicated in this State or under the laws of the United States or any
21 other state another jurisdiction to have engaged in conduct as a juvenile that, if
22 committed by an adult, would have been a disqualifying conviction under this
23 subsection. Violation of this paragraph is a Class C crime.
24 Sec. C-7. 15 MRSA §393, sub-§7, ¶C, as enacted by PL 2001, c. 549, §4, is
25 repealed.
26 Sec. C-8. 15 MRSA §393, sub-§7, ¶F is enacted to read:
27 F. "Another jurisdiction" has the same meaning as in Title 17-A, section 2, subsection
28 3-B.
29 PART D
30 Sec. D-1. 15 MRSA §1026, sub-§5, as amended by PL 2007, c. 374, §10, is further
31 amended to read:
32 5. Contents of release order. In a release order issued under subsection 2-A or 3, the
33 judicial officer shall:
34 A. Include a written statement that sets forth all the conditions to which the release
35 defendant is subject in a manner sufficiently clear and specific to serve as a guide for
36 the defendant's conduct; and
37 B. Advise the defendant of:
38 (1) The penalties if the defendant fails to appear as required That the conditions
39 of release take effect and are fully enforceable immediately as of the time the
40 judicial officer sets the conditions, unless the release order expressly excludes a
41 condition or conditions of release from immediate applicability; and
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 1 (2) The penalties for and consequences of violating a condition of release,
2 including the immediate issuance of a warrant for the defendant's arrest That failure
3 to appear or comply with a condition or conditions may subject the defendant to
4 revocation of bail and additional criminal penalties.
5 Sec. D-2. 15 MRSA §1026, sub-§7, as enacted by PL 1995, c. 356, §5, is repealed.
6 Sec. D-3. 15 MRSA §1026, sub-§8 is enacted to read:
7 8. Applicability of conditions of release. A condition of release takes effect and is
8 fully enforceable immediately as of the time the judicial officer sets the condition, unless
9 the release order expressly excludes a condition of release from immediate applicability, if
10 the defendant is advised by a judicial officer, a law enforcement officer or an employee of
11 a county or regional jail or a correctional facility having custody of the defendant:
12 A. Of the conditions; and
13 B. That failure to appear or comply with the conditions may subject the defendant to
14 revocation of bail and additional criminal penalties.
15 PART E
16 Sec. E-1. 17-A MRSA §1805, sub-§1, as enacted by PL 2019, c. 113, Pt. A, §2, is
17 amended to read:
18 1. Determination of date probation begins; revocation; place of imprisonment.
19 Unless prohibited pursuant to section 1802, subsection 1, paragraphs A to F, the court may
20 impose a split sentence by sentencing an individual to a term of imprisonment not to exceed
21 the maximum term authorized for the crime, an initial portion of which is to be served and
22 the remainder of which is to be suspended, and accompany the suspension with a period of
23 probation not to exceed the maximum period authorized for the crime. The period of
24 probation commences on the date the individual is released from the unsuspended portion
25 of the term of imprisonment, unless the court orders it to commence on an earlier date. If
26 the period of probation commences on the date the person is released from the initial
27 unsuspended portion of the term of imprisonment, that day is counted as the first full day
28 of the period of probation.
29 A. If the period of probation commences upon release of the individual from an
30 unsuspended portion of the term of imprisonment, the court may revoke probation for
31 any criminal conduct committed during that unsuspended portion of the term of
32 imprisonment.
33 B. If execution of the sentence is stayed, the court may revoke probation for criminal
34 conduct committed during the period of stay or for failure to report as ordered.
35 C. The court may revoke probation if, during any unsuspended portion of the term of
36 imprisonment, an individual sentenced as a repeat sexual assault offender, pursuant to
37 section 1804, subsection 4, refuses to actively participate in a sex offender treatment
38 program in accordance with the expectations and judgment of the treatment providers,
39 when requested to do so by the Department of Corrections.
40 D. The court may revoke probation if, during an unsuspended portion of the term of
41 imprisonment:
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 1 (1) The individual has contact with a victim with whom the individual has been
2 ordered not to have contact as a condition of probation;
3 (2) In the case of an individual who has been committed to the Department of
4 Corrections, the individual has contact with any victim with whom the individual
5 has been prohibited to have contact by the Department of Corrections; or
6 (3) In the case of an individual who has been committed to a county or regional
7 jail, the individual has contact with any victim with whom the individual has been
8 prohibited to have contact by the county or regional jail.
9 E. As to both the suspended and unsuspended portions of the sentence, the place of
10 imprisonment must be as follows.
11 (1) For a Class D or Class E crime, the court must specify a county jail as the place
12 of imprisonment.
13 (2) For a Class A, Class B or Class C crime, the court must:
14 (a) Specify a county jail as the place of imprisonment for any portion of the
15 sentence that is 9 months or less; and
16 (b) Commit the individual to the Department of Corrections for any portion of
17 the sentence that is more than 9 months.
18 Sec. E-2. 17-A MRSA §1806, as enacted by PL 2019, c. 113, Pt. A, §2, is amended
19 to read:
20 §1806. Wholly suspended term of imprisonment with probation
21 Unless prohibited pursuant to section 1802, subsection 1, paragraphs A to F, the court
22 may sentence an individual to a term of imprisonment not to exceed the maximum term
23 authorized for the crime, suspend the entire term of imprisonment and accompany the
24 suspension with a period of probation not to exceed the maximum period authorized for
25 the crime, to commence on the date the individual goes into actual execution of the
26 sentence. That day is counted as the first full day of the period of probation.
27 Sec. E-3. 17-A MRSA §1812, sub-§7, as enacted by PL 2019, c. 113, Pt. A, §2, is
28 amended to read:
29 7. Tolling of period of probation; conditions of probation continue in effect. The
30 running of the period of probation is tolled upon either the delivery of the summons, the
31 filing of the written notice with the court that the person cannot be located or the arrest of
32 the person. If the court finds a violation of probation, the day upon which the tolling occurs
33 does not count toward the period of probation. If the motion is dismissed or withdrawn, or
34 if the court finds no violation of probation, the running of the period of probation is deemed
35 not to have been tolled. The conditions of probation continue in effect during the tolling
36 of the running of the period of probation, and any violation of a condition subjects the
37 person to a revocation of probation pursuant to the provisions of this subchapter.
38 Sec. E-4. 17-A MRSA §1815 is enacted to read:
39 §1815. Completion of period of probation
40 A period of probation is completed when the last day of the period, excluding any days
41 during which the running of the period of probation is tolled, ends.
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 1 PART F
2 Sec. F-1. 17-A MRSA §253, sub-§2, ¶M, as amended by PL 2019, c. 438, §2, is
3 further amended to read:
4 M. The other person has not expressly or impliedly acquiesced to the sexual act and
5 the actor knows that the other person has not acquiesced. Violation of this paragraph
6 is a Class C crime; or
7 Sec. F-2. 17-A MRSA §255-A, sub-§1, ¶A, as enacted by PL 2001, c. 383, §23
8 and affected by §156, is amended to read:
9 A. The other person has not expressly or impliedly acquiesced in the sexual contact
10 and the actor knows that the other person has not acquiesced. Violation of this
11 paragraph is a Class D crime;
12 Sec. F-3. 17-A MRSA §255-A, sub-§1, ¶B, as enacted by PL 2001, c. 383, §23
13 and affected by §156, is amended to read:
14 B. The other person has not expressly or impliedly acquiesced in the sexual contact,
15 the actor knows that the other person has not acquiesced and the sexual contact includes
16 penetration. Violation of this paragraph is a Class C crime;
17 Sec. F-4. 17-A MRSA §260, sub-§1, ¶A, as enacted by PL 2003, c. 138, §5, is
18 amended to read:
19 A. The other person has not expressly or impliedly acquiesced in the sexual touching
20 and the actor knows that the other person has not acquiesced. Violation of this
21 paragraph is a Class D crime;
22 SUMMARY
23 This bill contains the following provisions.
24 1. In Part A it amends the crime of endangering the welfare of a child by enacting in
25 the Maine Revised Statutes, Title 17-A, section 554, subsection 1, paragraph D a new Class
26 C crim