Sec. 1. 15 MRSA §5821, sub-§7-A, as enacted by PL 1999, c. 349, §2, is amended to read:

7-A. Computers. Except as provided in paragraph A, all computers, as defined in Title 17-A, section 431, subsection 2, and computer equipment, including, but not limited to, printers and scanners, that are used or are attempted to be used in violation of Title 17-A, section 259.

A. Property may not be forfeited under this subsection, to the extent of the interest of an owner, by reason of an act or omission established by that owner to have been committed or omitted without the knowledge or consent of the owner; and

Sec. 2. 15 MRSA §5821, sub-§8, as enacted by PL 1989, c. 302, §3, is amended to read:

8. Bona fide lienholders. A forfeiture, under this section, of property encumbered by a perfected bona fide security interest, is subject to the interest of the secured party if the party neither had knowledge of nor consented to the act or omission upon which the right of forfeiture is based.; and

Sec. 3. 15 MRSA §5821, sub-§9 is enacted to read:

9.__Theft and fraud against elderly.__All real and personal property of a person convicted of an offense under Title 17-A, chapter 15 or 37 and subject to the provisions of Title 17-A, section 1152, subsection 5.

Sec. 4. 17-A MRSA §1152, sub-§5 is enacted to read:

5.__If a defendant is convicted of an offense under chapter 15 or 37 and the victim is 60 years of age or older, the court may order as part of the sentence a forfeiture pursuant to Title 15, chapter 517 of the defendant's assets up to the amount of the loss of the victim caused by the defendant's actions underlying the conviction, less any amount the defendant has paid to make the victim whole.__This forfeiture may be imposed in addition to a fine imposed pursuant to chapter 53.

SUMMARY

This bill allows a court to order the forfeiture of a defendant's assets for a defendant who is convicted of theft or fraud against a person 60 years of age or older.