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An Act To Allow Consideration of Fetal Alcohol Spectrum Disorder at Sentencing in a Criminal Case
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  17-A MRSA §1160  is enacted to read:
§ 1160. Fetal alcohol spectrum disorder as a mitigating factor
When sentencing a person convicted of a crime, a court may take into consideration as a mitigating factor that:
 
1.       The person has been diagnosed with a condition known as fetal alcohol spectrum disorder;
 
2.       The fetal alcohol spectrum disorder substantially impaired the person's judgment, behavior, capacity to recognize reality or ability to cope with the ordinary demands of life; and
 
3.       The fetal alcohol spectrum disorder significantly affected the person's conduct underlying the offense for which the person was convicted.
For purposes of this section, "fetal alcohol spectrum disorder" means a condition of impaired brain function constituting a permanent birth defect of a person caused by that person's mother's consumption of alcohol while pregnant with that person.
 
SUMMARY
This bill allows a court to consider as a mitigating factor in sentencing a person convicted of a crime that the person suffers from the condition of fetal alcohol spectrum disorder. Fetal alcohol spectrum disorder is defined as a condition of impaired brain function constituting a permanent birth defect in a person caused by that person's mother's consumption of alcohol while pregnant with that person.