‘Sec. 1. 30-A MRSA §3013 is enacted to read:
§ 3013. Ordinances regarding residency restrictions for sex offenders
HP0292 LD 385 |
First Regular Session - 124th Maine Legislature C "A", Filing Number H-474
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LR 1447 Item 2 |
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Bill Tracking | Chamber Status |
Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:
‘Sec. 1. 30-A MRSA §3013 is enacted to read:
§ 3013. Ordinances regarding residency restrictions for sex offenders
summary
This amendment is the majority report and replaces the bill. The amendment specifies that a municipality may not adopt or enforce any ordinance or bylaw addressing persons who have been convicted of a sex offense in Maine or in another jurisdiction that would impose on them restrictions or requirements not imposed on other persons who have not been convicted of a sex offense in Maine or in another jurisdiction. The purpose of this amendment is for the Legislature to preempt the entire field of legislation concerning the regulation of persons convicted of a sex offense in this State or in another jurisdiction, except as provided in this amendment. If a municipality chooses to adopt an ordinance, it may not be based on a person’s obligation to register under the Sex Offender Registration and Notification Act of 1999. A municipality may adopt an ordinance regarding residency restrictions for persons convicted of Class A, B or C sex offenses committed against persons who had not attained 14 years of age at the time of the offense, and the ordinance must be limited as follows. It may restrict only residence and may not impose additional restrictions or requirements, including, but not limited to, registration and fees. A municipality may prohibit residence by a sex offender up to a maximum distance of 750 feet surrounding the real property comprising a public or private elementary, middle or secondary school or up to a maximum distance of 750 feet surrounding the real property comprising a municipally owned property where children are the primary users. An ordinance may not restrict the residence of a person who lived in an area restricted as provided by this amendment prior to the adoption or amendment of the ordinance.