CHAPTER 87
H.P. 181 - L.D. 242
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 15 MRSA §3105-A, sub-§1, as enacted by PL 1987, c. 222, §2, is amended to read:
1. Expiration of limitation; defense. It is a defense that prosecution was commenced after the expiration of the applicable period of limitations provided in this section, provided except that a prosecution for the juvenile crime of murder or criminal homicide in the first or 2nd degree may be commenced at any time. It is a defense that prosecution was commenced after the expiration of the applicable period of limitations provided in this section, except that if the victim had not attained 16 years of age at the time of the crime and the juvenile had attained 16 years of age, a prosecution for the juvenile crime of unlawful sexual contact under Title 17-A, former section 255 or section 255-A or gross sexual assault under Title 17-A, section 253 may be commenced at any time if the attorney for the State first presents evidence based on DNA, as defined in section 2136, to the court in a closed hearing that implicates the defendant in the crime by a preponderance of the evidence.
Sec. 2. 15 MRSA §3105-A, sub-§2, ¶C, as amended by PL 1995, c. 470, §5, is further amended to read:
C. A prosecution for conduct specified in section 3103, subsection 1, paragraph B, C, D, E or, F or H must be commenced within one year after it is committed.
Sec. 3. 15 MRSA §3310, sub-§4, as enacted by PL 1977, c. 520, §1, is amended to read:
4. Standard of proof. When If the court finds that the elements of the juvenile crime as defined in section 3103, subsection 1, paragraph A, D, E, F, G or H are not supported by evidence beyond a reasonable doubt or that the elements of a juvenile crime as defined in section 3103, subsection 1, paragraph B or C are not supported by a preponderance of the evidence, the court shall order the petition dismissed and the juvenile discharged from any detention or restriction previously ordered. The juvenile's parents, guardian or other legal custodian shall must also be discharged from any restriction or other temporary order.
Sec. 4. 15 MRSA §3310, sub-§5, ¶A, as amended by PL 1979, c. 681, §25, is further amended to read:
A. When If the court finds that the allegations of the petition alleging a juvenile crime as defined in section 3103, subsection 1, paragraph A, D, E, F, G or H are supported by evidence beyond a reasonable doubt or that the allegations of a petition alleging a juvenile crime as defined in section 3103, subsection 1, paragraph B or C are supported by a preponderance of the evidence, the court shall adjudge that the juvenile committed a juvenile crime and shall, in all such adjudications, issue an order of adjudication.
Sec. 5. Application. That section of this Act that amends the Maine Revised Statutes, Title 15, section 3105-A, subsection 1 applies to the following juvenile crimes in which the victim had not attained 16 years of age at the time of the crime and the juvenile had attained 16 years of age:
1. The juvenile crime of unlawful sexual contact and gross sexual assault committed on or after the effective date of this Act; and
2. The juvenile crime of unlawful sexual contact or gross sexual assault for which the prosecution has not yet been barred by the previous statute of limitations in force on the effective date of this Act.
Effective September 17, 2005.
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