‘An Act To Protect Vulnerable Persons from Theft’
Amend the bill by striking out the title and substituting the following:
Amend the bill by striking out everything after the enacting clause and inserting the following:
‘Sec. 1. 17-A MRSA §352, sub-§6 is enacted to read:
6. "Vulnerable person" means a dependent adult as defined in Title 22, section 3472, subsection 6 or an incapacitated adult as defined in Title 22, section 3472, subsection 10.
Sec. 2. 17-A MRSA §353, sub-§1, ¶A, as amended by PL 2005, c. 199, §4, is further amended to read:
A. The person obtains or exercises unauthorized control over the property of another with intent to deprive the other person of the property and the owner of the property is not a vulnerable person. Violation of this paragraph is a Class E crime;
Sec. 3. 17-A MRSA §353, sub-§1, ¶A-1 is enacted to read:
A-1. The person obtains or exercises unauthorized control over the property of another with intent to deprive the other person of the property and the owner of the property is a vulnerable person. Violation of this paragraph is a Class D crime;
Sec. 4. 17-A MRSA §353, sub-§1, ¶B, as amended by PL 2007, c. 476, §10, is further amended to read:
B. The person violates paragraph A or A-1 and:
(1) The value of the property is more than $10,000. Violation of this subparagraph is a Class B crime;
(2) The property stolen is a firearm or an explosive device. Violation of this subparagraph is a Class B crime;
(3) The person is armed with a dangerous weapon at the time of the offense. Violation of this subparagraph is a Class B crime;
(4) The value of the property is more than $1,000 but not more than $10,000 and the owner of the property is not a vulnerable person. Violation of this subparagraph is a Class C crime;
(4-A) The value of the property is more than $1,000 but not more than $10,000 and the owner of the property is a vulnerable person. Violation of this subparagraph is a Class B crime;
(5) The value of the property is more than $500 but not more than $1,000 and the owner of the property is not a vulnerable person. Violation of this subparagraph is a Class D crime; or
(5-A) The value of the property is more than $500 but not more than $1,000 and the owner of the property is a vulnerable person. Violation of this subparagraph is a Class C crime;
(6) The person has 2 or more prior convictions for any combination of the Maine offenses listed in this subparagraph or for engaging in substantially similar conduct to that of the Maine offenses listed in this subparagraph in another jurisdiction and the owner of the property is not a vulnerable person. The Maine offenses are: theft; any violation of section 401 in which the crime intended to be committed inside the structure is theft; any violation of section 405 in which the crime intended to be committed inside the motor vehicle is theft; any violation of section 651; any violation of section 702, 703 or 708; or attempts to commit any of these crimes. Section 9-A governs the use of prior convictions when determining a sentence. Violation of this subparagraph is a Class C crime; or
(7) The person has 2 or more prior convictions for any combination of the Maine offenses listed in this subparagraph or for engaging in substantially similar conduct to that of the Maine offenses listed in this subparagraph in another jurisdiction and the owner of the property is a vulnerable person. The Maine offenses are: theft; any violation of section 401 in which the crime intended to be committed inside the structure is theft; any violation of section 405 in which the crime intended to be committed inside the motor vehicle is theft; any violation of section 651; any violation of section 702, 703 or 708; or attempts to commit any of these crimes. Section 9-A governs the use of prior convictions when determining a sentence. Violation of this subparagraph is a Class B crime; or
Sec. 5. 17-A MRSA §354, sub-§1, ¶A, as enacted by PL 2001, c. 383, §34 and affected by §156, is amended to read:
A. The person obtains or exercises control over property of another as a result of deception and with intent to deprive the other person of the property and the owner of the property is not a vulnerable person. Violation of this paragraph is a Class E crime; or
Sec. 6. 17-A MRSA §354, sub-§1, ¶A-1 is enacted to read:
A-1. The person obtains or exercises control over property of another as a result of deception and with intent to deprive the other person of the property and the owner of the property is a vulnerable person. Violation of this paragraph is a Class D crime; or
Sec. 7. 17-A MRSA §354, sub-§1, ¶B, as amended by PL 2007, c. 476, §11, is further amended to read:
B. The person violates paragraph A or A-1 and:
(1) The value of the property is more than $10,000. Violation of this subparagraph is a Class B crime;
(2) The property stolen is a firearm or an explosive device. Violation of this subparagraph is a Class B crime;
(3) The person is armed with a dangerous weapon at the time of the offense. Violation of this subparagraph is a Class B crime;
(4) The value of the property is more than $1,000 but not more than $10,000 and the owner of the property is not a vulnerable person. Violation of this subparagraph is a Class C crime;
(4-A) The value of the property is more than $1,000 but not more than $10,000 and the owner of the property is a vulnerable person. Violation of this subparagraph is a Class B crime;
(5) The value of the property is more than $500 but not more than $1,000 and the owner of the property is not a vulnerable person. Violation of this subparagraph is a Class D crime; or
(5-A) The value of the property is more than $500 but not more than $1,000 and the owner of the property is a vulnerable person. Violation of this subparagraph is a Class C crime;
(6) The person has 2 or more prior convictions for any combination of the Maine offenses listed in this subparagraph or for engaging in substantially similar conduct to that of the Maine offenses listed in this subparagraph in another jurisdiction and the owner of the property is not a vulnerable person. The Maine offenses are: theft; any violation of section 401 in which the crime intended to be committed inside the structure is theft; any violation of section 405 in which the crime intended to be committed inside the motor vehicle is theft; any violation of section 651; any violation of section 702, 703 or 708; or attempts to commit any of these crimes. Section 9-A governs the use of prior convictions when determining a sentence. Violation of this subparagraph is a Class C crime . ; or
(7) The person has 2 or more prior convictions for any combination of the Maine offenses listed in this subparagraph or for engaging in substantially similar conduct to that of the Maine offenses listed in this subparagraph in another jurisdiction and the owner of the property is a vulnerable person. The Maine offenses are: theft; any violation of section 401 in which the crime intended to be committed inside the structure is theft; any violation of section 405 in which the crime intended to be committed inside the motor vehicle is theft; any violation of section 651; any violation of section 702, 703 or 708; or attempts to commit any of these crimes. Section 9-A governs the use of prior convictions when determining a sentence. Violation of this subparagraph is a Class B crime.
Sec. 8. 17-A MRSA §358, sub-§1, ¶A, as enacted by PL 2001, c. 383, §43 and affected by §156, is amended to read:
A. The person obtains property from anyone or personal services from an employee upon agreement, or subject to a known legal obligation, to make a specified payment or other disposition to a 3rd person or to a fund administered by that person, whether from that property or its proceeds or from that person's own property to be reserved in an equivalent or agreed amount, if that person intentionally or recklessly fails to make the required payment or disposition and deals with the property obtained or withheld as that person's own and the owner of the property is not a vulnerable person. Violation of this paragraph is a Class E crime; or
Sec. 9. 17-A MRSA §358, sub-§1, ¶A-1 is enacted to read:
A-1. The person obtains property from anyone or personal services from an employee upon agreement, or subject to a known legal obligation, to make a specified payment or other disposition to a 3rd person or to a fund administered by that person, whether from that property or its proceeds or from that person's own property to be reserved in an equivalent or agreed amount, if that person intentionally or recklessly fails to make the required payment or disposition and deals with the property obtained or withheld as that person's own and the owner of the property is a vulnerable person. Violation of this paragraph is a Class D crime; or
Sec. 10. 17-A MRSA §358, sub-§1, ¶B, as amended by PL 2007, c. 476, §16, is further amended to read:
B. The person violates paragraph A or A-1 and:
(1) The value of the property is more than $10,000. Violation of this subparagraph is a Class B crime;
(2) The property stolen is a firearm or an explosive device. Violation of this subparagraph is a Class B crime;
(3) The person is armed with a dangerous weapon at the time of the offense. Violation of this subparagraph is a Class B crime;
(4) The value of the property is more than $2,000 and the person is a payroll processor. Violation of this paragraph is a Class B crime;
(5) The value of the property is more than $1,000 but not more than $10,000 and the owner of the property is not a vulnerable person. Violation of this subparagraph is a Class C crime;
(5-A) The value of the property is more than $1,000 but not more than $10,000 and the owner of the property is a vulnerable person. Violation of this subparagraph is a Class B crime;
(6) The value of the property is more than $500 but not more than $1,000 and the owner of the property is not a vulnerable person. Violation of this subparagraph is a Class D crime;
(6-A) The value of the property is more than $500 but not more than $1,000 and the owner of the property is a vulnerable person. Violation of this subparagraph is a Class C crime;
(7) The value of the property is more than $1,000 but not more than $2,000 and the person is a payroll processor. Violation of this subparagraph is a Class C crime;
(8) The person is a payroll processor and has 2 or more prior convictions for any combination of the Maine offenses listed in this subparagraph or for engaging in substantially similar conduct to that of the Maine offenses listed in this subparagraph in another jurisdiction. The Maine offenses are: theft; any violation of section 401 in which the crime intended to be committed inside the structure is theft; any violation of section 405 in which the crime intended to be committed inside the motor vehicle is theft; any violation of section 651; any violation of section 702, 703 or 708; or attempts to commit any of these crimes. Section 9-A governs the use of prior convictions when determining a sentence. Violation of this subparagraph is a Class B crime; or
(9) The person has 2 or more prior convictions for any combination of the Maine offenses listed in this subparagraph or for engaging in substantially similar conduct to that of the Maine offenses listed in this subparagraph in another jurisdiction and the owner of the property is not a vulnerable person. The Maine offenses are: theft; any violation of section 401 in which the crime intended to be committed inside the structure is theft; any violation of section 405 in which the crime intended to be committed inside the motor vehicle is theft; any violation of section 651; any violation of section 702, 703 or 708; or attempts to commit any of these crimes. Section 9-A governs the use of prior convictions when determining a sentence. Violation of this subparagraph is a Class C crime . ; or
(10) The person has 2 or more prior convictions for any combination of the Maine offenses listed in this subparagraph or for engaging in substantially similar conduct to that of the Maine offenses listed in this subparagraph in another jurisdiction and the owner of the property is a vulnerable person. The Maine offenses are: theft; any violation of section 401 in which the crime intended to be committed inside the structure is theft; any violation of section 405 in which the crime intended to be committed inside the motor vehicle is theft; any violation of section 651; any violation of section 702, 703 or 708; or attempts to commit any of these crimes. Section 9-A governs the use of prior convictions when determining a sentence. Violation of this subparagraph is a Class B crime.
Sec. 11. 17-A MRSA §903, sub-§4, as enacted by PL 2013, c. 414, §5, is amended to read:
4. If a misuse of entrusted property results in the loss of a vulnerable person's property or the loss of property entrusted to a person for the benefit of a vulnerable person and, at the time of the offense, the owner or the beneficiary of the property is a vulnerable person : , the misuse of entrusted property is a Class B crime.
A. If the value of the property is more than $1,000 but not more than $10,000, the misuse of entrusted property is a Class C crime; and
B. If the value of the property is more than $10,000, the misuse of entrusted property is a Class B crime.
As used in this subsection, "vulnerable person" means an incapacitated adult as defined in Title 22, section 3472, subsection 10 or a dependent adult as defined in Title 22, section 3472, subsection 6.
Sec. 12. Appropriations and allocations. The following appropriations and allocations are made.
INDIGENT LEGAL SERVICES, MAINE COMMISSION ON
Maine Commission on Indigent Legal Services Z112
Initiative: Provides funding for increased costs to the Maine Commission on Indigent Legal Services due to elevating the class of certain crimes of theft or fraud if the victim is a vulnerable person.
| GENERAL FUND | 2019-20 | 2020-21 |
|
All Other
|
$17,850 | $23,800 |
 |
|
|
| GENERAL FUND TOTAL | $17,850 | $23,800 |
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
summary
This amendment is the minority report of the committee. The amendment replaces the bill. The amendment defines "vulnerable person" by reference to the definitions of "dependent adult" in the Maine Revised Statutes, Title 22, section 3472, subsection 6 and "incapacitated adult" in Title 22, section 3472, subsection 10. The amendment elevates the class of the following crimes of theft or fraud by one class, up to a maximum of Class B, if the owner of the property is a vulnerable person: theft by unauthorized taking or transfer, theft by deception, theft by misapplication of property and misuse of entrusted property.
FISCAL NOTE REQUIRED
(See attached)