LD 1195
pg. 3
Page 2 of 14 An Act To Protect Women and Children from Sexual Predators by Requiring the Sta... Page 4 of 14
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LR 837
Item 1

 
Department of Corrections determines is appropriate to ensure
public safety. Neither the failure of the Department of
Corrections to perform the requirements of this paragraph nor
compliance with this paragraph subjects the Department of
Corrections or its employees to liability in a civil action.

 
Sec. 4. 15 MRSA §3309-A, sub-§4, as amended by PL 1999, c. 65, §1, is
further amended to read:

 
4. Juvenile adjudicated of rape. After adjudication and
before disposition when a juvenile is adjudicated of a juvenile
crime that if committed by an adult would be gross sexual assault
rape under Title 17-A, section 253, subsection 1, the court shall
order the juvenile to undergo a diagnostic evaluation and may
order the evaluation to take place at a detention facility
described in section 3203-A, subsection 7, paragraph B.

 
Sec. 5. 17-A MRSA §8, sub-§1, as amended by PL 1999, c. 438, §1, is
further to read:

 
1. It is a defense that prosecution was commenced after the
expiration of the applicable period of limitations provided in
this section; provided except that a prosecution for murder or
criminal homicide in the first or 2nd degree, or, if the victim
had not attained the age of 16 years at the time of the crime, a
prosecution for: incest; unlawful sexual contact; sexual abuse of
a minor child molestation; or rape or, formerly denominated as
gross sexual assault, formerly denominated and as gross sexual
misconduct, may be commenced at any time.

 
Sec. 6. 17-A MRSA §8, sub-§2, as amended by PL 1999, c. 438, §2, is
further amended to read:

 
2. Prosecutions for crimes other than murder or criminal
homicide in the first or 2nd degree, or, if the victim had not
attained the age of 16 years at the time of the crime,
prosecutions for: incest; unlawful sexual contact; sexual abuse
of a minor child molestation; or rape or, formerly denominated as
gross sexual assault, formerly denominated and as gross sexual
misconduct, are subject to the following periods of limitations:

 
A. A prosecution for a Class A, Class B or Class C crime
must be commenced within 6 years after it is committed; and

 
B. A prosecution for a Class D or Class E crime must be
commenced within 3 years after it is committed.

 
Sec. 7. 17-A MRSA §202, sub-§1, as amended by PL 1991, c. 377, §8, is
further amended to read:


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