‘ 2. A person who violates subsection 1 commits a Class C crime if the person has one or more prior convictions for any offense under this chapter or for engaging in substantially similar conduct to that of an offense under this chapter in another jurisdiction. Section 9-A governs the use of prior convictions when determining a sentence, except that, for the purposes of this subsection, the date of each prior conviction may precede the commission of the offense being enhanced by more than 10 years.’
Amend the bill in section 6 in §1119 by striking out all of subsection 2 (page 3, lines 24 to 29 in L.D.) and inserting the following:
Amend the bill by inserting after section 10 the following:
‘Sec. 11. Appropriations and allocations. The following appropriations and allocations are made.
CORRECTIONS, DEPARTMENT OF
Correctional Impact Reserve N033
Initiative: Provides funds for the Correctional Impact Reserve program for an anticipated increase in correctional costs as a result of increasing the penalties for synthetic hallucinogenics.
| GENERAL FUND | 2011-12 | 2012-13 |
|
All Other
|
$21,848 | $153,725 |
 |
|
|
| GENERAL FUND TOTAL | $21,848 | $153,725 |
| CORRECTIONS, DEPARTMENT OF | ||
| DEPARTMENT TOTALS | 2011-12 | 2012-13 |
|
GENERAL FUND
|
$21,848 | $153,725 |
|
|
|
| DEPARTMENT TOTAL - ALL FUNDS | $21,848 | $153,725 |
INDIGENT LEGAL SERVICES, MAINE COMMISSION ON
Maine Commission on Indigent Legal Services Z112
Initiative: Provides funds for the anticipated increase in indigent legal service costs as a result of increasing the penalties related to synthetic hallucinogenics.
| GENERAL FUND | 2011-12 | 2012-13 |
|
All Other
|
$9,167 | $22,000 |
|
|
|
| GENERAL FUND TOTAL | $9,167 | $22,000 |
| INDIGENT LEGAL SERVICES, MAINE COMMISSION ON | ||
| DEPARTMENT TOTALS | 2011-12 | 2012-13 |
|
GENERAL FUND
|
$9,167 | $22,000 |
|
|
|
| DEPARTMENT TOTAL - ALL FUNDS | $9,167 | $22,000 |
| SECTION TOTALS | 2011-12 | 2012-13 |
|
GENERAL FUND
|
$31,015 | $175,725 |
|
|
|
| SECTION TOTAL - ALL FUNDS | $31,015 | $175,725 |
SUMMARY
This amendment eliminates from the bill language that enhances possession of synthetic hallucinogenic drugs to a Class C crime if the person has a prior conviction for any Class A, B or C offense in the Maine Revised Statutes, Title 17-A. The amendment specifies that possession may be enhanced to a Class C crime if the person has one or more prior convictions for any offense under the drug laws in the Maine Criminal Code or for engaging in substantially similar conduct in another jurisdiction. The amendment also specifies that prior convictions are governed by Title 17-A, section 9-A. This amendment also adds an appropriations and allocations section.
FISCAL NOTE REQUIRED
(See attached)