An Act To Implement Certain Recommendations of the Criminal Law Advisory Commission Relative to the Maine Criminal Code
Sec. 1. 17-A MRSA §208, as amended by PL 2011, c. 640, Pt. B, §2, is further amended to read:
§ 208. Aggravated assault
Sec. 2. 17-A MRSA §505, sub-§2, as enacted by PL 1975, c. 499, §1, is repealed and the following enacted in its place:
Sec. 3. 17-A MRSA §554, as amended by PL 2005, c. 373, §§1 and 2, is further amended to read:
§ 554. Endangering the welfare of a child
(1) That the child had, in fact, sustained serious bodily injury or bodily injury under circumstances posing a substantial risk of serious bodily injury; and
(2) That such bodily injury was, in fact, caused by the unlawful use of physical force by another person ; .
Violation of this paragraph is a Class C crime;
Sec. 4. 17-A MRSA §1201, sub-§1, ¶A-3 is enacted to read:
Sec. 5. 17-A MRSA §1206, sub-§7-B, as enacted by PL 1989, c. 728, §1, is repealed.
Sec. 6. 17-A MRSA §1231, sub-§6, as amended by PL 2007, c. 344, §4, is further amended to read:
Sec. 7. 17-A MRSA §1252, sub-§4-E, as enacted by PL 2005, c. 673, §4, is amended to read:
This bill implements the following Criminal Law Advisory Commission recommendations respecting the Maine Criminal Code.
1. The bill elevates to Class A crimes in the Maine Revised Statutes, Title 17-A, section 208 those forms of bodily injury that result in serious permanent physical damage to a victim, while retaining as Class B crimes other forms of bodily injury.
2. The bill amends the definition of the term "public way" in Title 17-A, section 505 to cover public ways, including sidewalks, over which the public has a right to pass by foot and vehicle.
3. The bill amends Title 17-A, section 554 regarding endangering the welfare of a child by removing the requirement that the child victim be under 16 years of age and by adding the designation of the class of each crime to the appropriate paragraph.
4. The bill amends Title 17-A, section 1201 to specify that when a court sentences a person to a term of imprisonment for a sex offense followed by a period of supervised release, as authorized by Title 17-A, chapter 50, that person is not eligible for the imposition of a sentence alternative that includes a period of probation.
5. The bill repeals Title 17-A, section 1206, subsection 7-B regarding probation revocation hearings.
6. The bill amends Title 17-A, section 1231, subsection 6 regarding supervised release for sex offenders to make clear that, in the event the court revokes a period of supervised release and instead requires the person to serve time in prison, any remaining portion of the period of supervised release that is not required to be served in prison may not run during the time the person is in prison, and must resume after the person is released from prison.
7. The bill amends Title 17-A, section 1252, subsection 4-E regarding imprisonment for a conviction of gross sexual assault against a person under 12 years of age to stipulate that supervised release is required following the term of imprisonment.