SP0535
LD 1512		 First Special Session - 123rd Legislature - Text: MS-Word, RTF or PDF LR 1088
Item 6
Bill Tracking Chamber Status

Amend the bill by striking out all of section 2 and inserting in its place the following:

‘Sec. 2. 15 MRSA §3105-A, sub-§2, ¶A-1  is enacted to read:

A-1.  A prosecution for either of the following juvenile crimes, if the victim had not attained 16 years of age at the time of the crime, must be commenced within 10 years after it is committed:

(1) Unlawful sexual contact under former Title 17-A, section 255 or Title 17-A, section 255-A that includes penetration; or

(2) Gross sexual assault under Title 17-A, section 253.

Sec. 3. Application. This Act applies to the following juvenile crimes in which the victim had not attained 16 years of age at the time of the crime:

1. The juvenile crimes of unlawful sexual contact that includes penetration and gross sexual assault committed on or after the effective date of this Act; and

2. The juvenile crimes of unlawful sexual contact that includes penetration and gross sexual assault the prosecution of which has not yet been barred by the previous statute of limitations in force on the effective date of this Act.

Sec. 4. Appropriations and allocations. The following appropriations and allocations are made.

CORRECTIONS, DEPARTMENT OF

Correctional Impact Reserve N033

Initiative: Provides funds for costs associated with one projected incarceration in a state correctional facility.

GENERAL FUND 2007-08 2008-09
All Other
 $0 $38,478
inline graphic sline.gif inline graphic sline.gif
GENERAL FUND TOTAL $0 $38,478
’

summary

This amendment is the majority report of the committee. The amendment extends the statute of limitations to 10 years instead of 12 years as proposed in the bill for crimes in which the victim was under 16 years of age, the juvenile crime was unlawful sexual contact that involved penetration or gross sexual assault and the accused juvenile was under 16 years of age at the time of the crime, regardless of whether DNA evidence is available.

The amendment also adds an application section to specify that this change in the statute of limitations applies only to juvenile crimes committed on or after the effective date of the Act and to juvenile crimes the prosecution of which has not yet been barred by the previous statute of limitations in force on the effective date of the Act.

FISCAL NOTE REQUIRED
(See attached)

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