Amend the bill by striking out all of Part A and inserting the following:
PART A
‘
Sec. A-1. 17-A MRSA §755, sub-§1-E, as amended by PL 2019, c. 113, Pt. C, §62, is further amended to read:
Sec. A-2. 17-A MRSA §1609, as enacted by PL 2019, c. 113, Pt. A, §2, is repealed.
Sec. A-3. 17-A MRSA §1609-A is enacted to read:
Notwithstanding section 1608, when an individual subject to an undischarged term of imprisonment is convicted of a crime committed while in execution of any term of imprisonment, is convicted of a crime committed during a stay of execution of any term of imprisonment, is convicted of a crime committed after failure to report after a stay of execution of any term of imprisonment or is convicted of failure to report as ordered after a stay of execution of any term of imprisonment, the court may order that the sentence is not concurrent with any undischarged term of imprisonment. If the court orders that the sentence is not concurrent, the court may order that any undischarged term of imprisonment be tolled and service of the nonconcurrent sentence commence immediately, and the court shall so order if any undischarged term of imprisonment is a split sentence. No portion of the nonconcurrent sentence may be suspended. Any nonconcurrent sentence that the convicted individual receives as a result of an order entered pursuant to this section must be nonconcurrent with all other sentences.’
Amend the bill in Part C by striking out all of sections 2 to 4 and inserting the following:
‘Sec. C-2. 34-A MRSA §11273, sub-§16, ¶C, as enacted by PL 2011, c. 663, §3, is amended to read:
C. Title 17-A, section 301, subsection 1, paragraph A, subparagraph (3) if the crime is committed prior to January 1, 2021;
Sec. C-3. 34-A MRSA §11273, sub-§16, ¶C-1 is enacted to read:
C-1. Title 17-A, section 301, subsection 1, paragraph A, subparagraph (3-A) if the crime is committed on or after January 1, 2021;
Sec. C-4. 37-B MRSA §504, sub-§4, ¶H, as enacted by PL 2015, c. 175, §1, is amended by amending subparagraph (3) to read:
H.
A person is not eligible for interment under this chapter if the person has:
(1) Been convicted of the crime of murder;
(2) Been convicted of a crime in another jurisdiction punishable by a sentence of life imprisonment or death;
(3) Been convicted of a Class A or Class B crime under:
(a) Title 17-A, chapter 11;
(b) Title 17-A, chapter 12; or
(c) Title 17-A, section 301, subsection 1, paragraph A, subparagraph (3) if the crime is committed prior to January 1, 2021; or
(d) Title 17-A, section 301, subsection 1, paragraph A, subparagraph (3-A) if the crime is committed on or after January 1, 2021;
(4) Been convicted of a Class C crime under Title 17-A, section 853, subsection 1;
(5) Been convicted of a military, tribal or federal offense requiring registration pursuant to the federal Adam Walsh Child Protection and Safety Act of 2006, Public Law 109-248, 42 United States Code, Chapter 151;
(6) Been convicted under any other jurisdiction's sex offender laws requiring the person to register for life; or
’(7) Been found to have committed any crime listed in subparagraphs (1) to (6) but has not been convicted because the person has not been available for trial due to the person's death or flight to avoid prosecution. A finding under this subparagraph must be made by the appropriate federal official. Any such finding may be based only upon a showing of clear and convincing evidence, after an opportunity for a hearing in a manner prescribed by the appropriate federal official. For purposes of this subparagraph, "appropriate federal official" means the Secretary of Veterans Affairs, in the case of the National Cemetery Administration, or the Secretary of the Army, in the case of the Arlington National Cemetery.
Amend the bill by inserting after Part D the following:
PART E
‘
Sec. E-1. 17-A MRSA §257, as amended by PL 2007, c. 476, §3, is repealed.
PART F
Sec. F-1. 25 MRSA §1509-B is enacted to read:
The Maine Information and Analysis Center, a program that is a cooperative effort between the Maine Emergency Management Agency and the State Police, established originally by executive order of Governor John E. Baldacci as the Maine Intelligence and Information Center in 2006, and referred to in this section as "the center," shall report annually in writing by February 1st each year beginning February 1, 2021, to the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters regarding the performance of the center. The reports must include a narrative of the types of cases, crimes, incidents and reports the center has reviewed and evaluated in a manner that protects personal privacy and the integrity of the work of the center. The reports must include both privacy audits performed in the prior year and de-identified information regarding the cases, crimes, incidents and reports on which the center worked during the prior year.’
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
summary
This amendment is the majority report of the committee.
The amendment amends Part A of the bill to repeal the Maine Revised Statutes, Title 17-A, section 1609, which requires a sentence to be nonconcurrent if it is imposed for a crime committed or attempted to be committed while the person is serving a sentence. The amendment enacts Title 17-A, section 1609-A, which grants to the court discretion to impose a sentence that is nonconcurrent if it is imposed for a crime committed or attempted to be committed while the person is serving a sentence or while a stay of execution of a sentence has been imposed.
The amendment removes from the bill a proposed amendment to the Sex Offender Registration and Notification Act of 1999 that was included in the bill in error. The amendment separates 2 variants of kidnapping under Title 17-A, section 301, subsection 1, paragraph A, subparagraph (3). The amendment clarifies that the amendments to the Sex Offender Registration and Notification Act of 2013 apply to a crime committed prior to January 1, 2021, if the offense is knowingly restraining another person with the intent to inflict bodily injury, and apply to a crime committed on or after January 1, 2021, if the crime is conduct defined as criminal in Title 17-A, chapter 11.
The amendment repeals a section of law in Title 17-A, chapter 11 on factors aiding in predicting high-risk sex offenders for sentencing purposes, leaving individual risk assessment at sentencing to the judgment of the court.
This amendment adds Part F to the bill, requiring annual written reports from the Maine Information and Analysis Center by February 1st each year beginning February 1, 2021, to the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters regarding the performance of the center. The reports must include a narrative of the types of cases, crimes, incidents and reports the center has reviewed and evaluated in a manner that protects personal privacy and the integrity of the work of the center. The reports must include both privacy audits performed in the prior year and de-identified information regarding the cases, crimes, incidents and reports on which the center worked during the prior year.