An Act To Implement the Recommendations of the Criminal Law Advisory Commission
Sec. 1. 14 MRSA §3141, sub-§2, as enacted by PL 1987, c. 414, §2, is repealed.
Sec. 2. 14 MRSA §3141, sub-§4, as amended by PL 1989, c. 875, Pt. E, §17, is further amended to read:
In fixing the date of payment, the court shall issue an order which that will complete payment of the fine as promptly as possible without creating a severe and undue hardship for the defendant and the defendant's dependents.
Sec. 3. 15 MRSA §103-A is enacted to read:
§ 103-A. Commitment affected by certain sentences
Sec. 4. 15 MRSA §812, sub-§2, as amended by PL 1995, c. 680, §1, is further amended to read:
Sec. 5. 15 MRSA §3101, sub-§4, ¶C-2, as enacted by PL 1997, c. 645, §2, is amended to read:
Sec. 6. 15 MRSA §3304, sub-§6-A, ¶B, as enacted by PL 2003, c. 142, §1 and affected by §3, is amended to read:
Sec. 7. 15 MRSA §3314-B, sub-§3, as enacted by PL 2003, c. 142, §2 and affected by §3, is amended to read:
Sec. 8. 17-A MRSA §15, sub-§1, ¶A, as amended by PL 2003, c. 102, §1, is further amended to read:
(1) Murder;
(2) Any Class A, Class B or Class C crime;
(3) Assault while hunting;
(4) Any offense defined in chapter 45;
(5) Assault, criminal threatening, terrorizing or stalking, if the officer reasonably believes that the person may cause injury to others unless immediately arrested;
(5-A) Assault, criminal threatening, terrorizing, stalking, criminal mischief, obstructing the report of a crime or injury or reckless conduct if the officer reasonably believes that the person and the victim are family or household members, as defined in Title 19-A, section 4002, subsection 4;
(6) Theft as defined in section 357, when the value of the services is $1,000 or less if the officer reasonably believes that the person will not be apprehended unless immediately arrested;
(7) Forgery, if the officer reasonably believes that the person will not be apprehended unless immediately arrested;
(8) Negotiating a worthless instrument if the officer reasonably believes that the person will not be apprehended unless immediately arrested;
(9) A violation of a condition of probation when requested by a probation officer or juvenile community corrections officer;
(10) Violation of a condition of release in violation of Title 15, section 1026, subsection 3; Title 15, section 1027, subsection 3; Title 15, section 1051, subsection 2; and Title 15, section 1092;
(11) Theft involving a detention under Title 17, section 3521;
(12) Harassment, as set forth in section 506-A;
(13) Violation of a protection order, as specified in Title 5, section 4659, subsection 2; Title 15, section 321, subsection 6; former Title 19, section 769, subsection 2; former Title 19, section 770, subsection 5; Title 19-A, section 4011, subsection 3; and Title 19-A, section 4012, subsection 5; or
(14) A violation of a sex offender registration provision under Title 34-A, chapter 15; and or
(15) A violation of a requirement of administrative release when requested by the attorney for the State; and
Sec. 9. 17-A MRSA §32, as enacted by PL 1981, c. 324, §14, is amended to read:
§ 32. Elements of crimes defined
No A person may not be convicted of a crime unless each element of the crime is proved by the State beyond a reasonable doubt. "Element of the crime" means the forbidden conduct; the attendant circumstances specified in the definition of the crime; the intention, knowledge, recklessness or negligence as may be required; and any required result.
Sec. 10. 17-A MRSA §101, sub-§3, as amended by PL 1999, c. 358, §1, is further amended to read:
Sec. 11. 17-A MRSA §351, as amended by PL 1981, c. 317, §7, is further amended to read:
§ 351. Consolidation
Conduct denominated theft in this chapter constitutes a single crime embracing the separate crimes such as those heretofore known as larceny, larceny by trick, larceny by bailee, embezzlement, false pretenses, extortion, blackmail, shoplifting and receiving stolen property. An accusation of theft may be proved by evidence that it was committed in any manner that would be theft under this chapter, notwithstanding the specification of a different manner in the complaint, information or indictment, subject only to the power of the court to ensure a fair trial by granting a continuance or other appropriate relief if the conduct of the defense would be prejudiced by lack of fair notice or by surprise. If the evidence is sufficient to permit a finding of guilt of theft in more than one manner, no election among those manners is required.
Sec. 12. 17-A MRSA §355, sub-§1, as amended by PL 2001, c. 383, §37 and affected by §156, is further amended to read:
Sec. 13. 17-A MRSA §355, sub-§3, as enacted by PL 2001, c. 383, §39 and affected by §156, is repealed.
Sec. 14. 17-A MRSA §908, sub-§1, ¶I, as enacted by PL 2001, c. 383, §110 and affected by §156, is amended to read:
Sec. 15. 17-A MRSA §908, sub-§1, ¶J, as enacted by PL 2001, c. 383, §110 and affected by §156, is amended to read:
Sec. 16. 17-A MRSA §908, sub-§1, ¶K is enacted to read:
Sec. 17. 17-A MRSA §908, sub-§1, ¶L is enacted to read:
Sec. 18. 17-A MRSA §908, sub-§1, ¶M is enacted to read:
Sec. 19. 17-A MRSA §908, sub-§1, ¶N is enacted to read:
Sec. 20. 17-A MRSA §908, sub-§1, ¶O is enacted to read:
Sec. 21. 17-A MRSA §908, sub-§1, ¶P is enacted to read:
Sec. 22. 17-A MRSA §908, sub-§1, ¶Q is enacted to read:
Sec. 23. 17-A MRSA §908, sub-§1, ¶R is enacted to read:
Sec. 24. 17-A MRSA §908, sub-§2, as enacted by PL 1995, c. 681, §1, is repealed.
Sec. 25. 17-A MRSA §1176, as enacted by PL 2005, c. 389, §1, is repealed and the following enacted in its place:
§ 1176. Confidentiality of victim records
Sec. 26. 17-A MRSA §1201, sub-§1, ¶A-1, as amended by PL 2005, c. 265, §7, is further amended to read:
(1) A Class D or Class E crime relative to which, based upon both the written agreement of the parties and a court finding, the facts and circumstances of the underlying criminal episode giving rise to the conviction generated probable cause to believe the defendant had committed a Class A, Class B or Class C crime in the course of that criminal episode and, as agreed upon in writing by the parties and found by the court, the defendant has no prior conviction for murder or for a Class A, Class B or Class C crime and has not been placed on probation pursuant to this subparagraph on any prior occasion;
(2) A Class D crime committed against a family or household member under chapter 9 or 13 or section 506-B, 554, 555 or 758. As used in this subparagraph, "family or household member" has the same meaning as in Title 19-A, section 4002, subsection 4;
(3) A Class D or Class E crime in chapter 11 or 12;
(4) A Class D crime under section 210-A;
(4-A) A Class E crime under section 552;
(5) A Class D or Class E crime under section 556, section 854, excluding subsection 1, paragraph A, subparagraph (1), or section 855;
(6) A Class D crime in chapter 45 relating to a schedule W drug; or
(7) A Class D or Class E crime under Title 29-A, section 2411, subsection 1-A, paragraph B.
Sec. 27. 17-A MRSA §1202, sub-§1-A, ¶A-1, as enacted by PL 2003, c. 711, Pt. A, §12, is amended to read:
(1) Six years for a Class A crime; or
(2) Four years for a Class B or Class C crime.
As used in this paragraph, "family or household member" has the same meaning as in Title 19-A, section 4002, subsection 4; and
Sec. 28. 17-A MRSA §1202, sub-§1-A, ¶D is enacted to read:
SUMMARY
This bill is proposed by the Criminal Law Advisory Commission and does the following.
The bill repeals Title 14, section 3141, subsection 2 because experience has demonstrated that mandatory notice at the time of the defendant's initial appearance is ineffective in securing fine payment in full at the time of sentence imposition. Second, it adds a requirement in section 3141, subsection 4 that the order issued by the court include a clear directive to the defendant that the defendant has a legal duty to move the court for a modification of time or method of payment to avoid a default.
The bill enacts the Maine Revised Statutes, Title 15, section 103-A, which directs that in the event a person who is found not criminally responsible by reason of insanity or is the recipient of a negotiated insanity plea as to a Maine crime is subject to an undischarged straight term of imprisonment or an unsuspended portion of a split sentence for a different Maine crime, the person must serve the undischarged term of imprisonment or the unsuspended portion of the split sentence before commencing the commitment to the Commissioner of Health and Human Services ordered by the court pursuant to section 103. Once having fully served the term of imprisonment or unsuspended portion of a split sentence, the person must commence the commitment ordered notwithstanding being on conditional release.
Title 15, section 103-A also directs that in the event a person who has entered into the custody of the Commissioner of Health and Human Services pursuant to a commitment order either violates a condition of release and new institutional confinement is ordered or commits a Maine crime for which the person is subsequently convicted and the sentence imposed includes a straight term of imprisonment or a split sentence, the person must be placed in execution of that punishment and custody pursuant to the commitment order is automatically interrupted. In the event execution of that punishment is stayed pending appeal, the commitment will be automatically interrupted once that stay terminates and the person is placed in execution of the punishment. The commitment will be resumed when the new institutional confinement ordered or the straight term of imprisonment or the unsuspended portion of the split sentence imposed has been fully served.
Title 15, section 103-A directs that, while a person is imprisoned in execution of the punishment described in section 103-A, the county jail or state facility in which the person is incarcerated must provide the necessary mental health treatment required under law, including, when appropriate, seeking involuntary psychiatric hospitalization.
The bill conditions the present duty of prosecutors to inform law enforcement officers of the details of certain plea agreements reached before submitting that plea to the court on such notice being practicable. The bill adds Title 17-A, chapter 12 crimes to those triggering notice to law enforcement officers and, with respect to victim notification, it removes an incorrect reference to Title 17-A, section 1173 and replaces it with reference to Title 17-A, section 1172, subsection 1, paragraphs A and B.
The bill adds the Class A crimes of aggravated attempted murder and elevated aggravated assault on a pregnant person to the juvenile crimes for which the juvenile has the burden of proof with respect to the finding of appropriateness required by the "bind over" statute.
The bill amends Title 15, sections 3304 and 3314-B by replacing an outdated reference to Rule 42 of the Maine Rules of Criminal Procedure with a reference to Rule 66 of the Maine Rules of Civil Procedure.
The bill allows a law enforcement officer to make a warrantless arrest of any person who the officer has probable cause to believe has committed or is committing a violation of a requirement of administrative release when requested to do so by the attorney for the State.
The bill amends Title 17-A, section 32 to indicate that it is the State's burden to prove each element of the crime charged beyond a reasonable doubt.
The bill eliminates the current precondition for a conviction for a crime for which recklessness or criminal negligence suffices that the State, in addition to proving beyond a reasonable doubt that the person's belief is unreasonable, prove beyond a reasonable doubt that the person’s holding of that belief "when viewed in light of the nature and purpose of the person's conduct and the circumstances known to the person, is grossly deviant from what a reasonable and prudent person would believe in the same situation."
The bill adds for purposes of completeness in Title 17-A, section 351 a reference to a "complaint" in the second sentence.
The bill elevates the crime of theft by extortion to a Class B crime if the value of the property stolen is more than $10,000.
The bill adds to the 4 basic Class D forms of home repair fraud 2 aggravated forms of each based on the pecuniary loss suffered by the victim as a result of the fraud. If the loss is more than $10,000, the basic crime is elevated to Class B. If the loss is more than $1,000 but not more than $10,000, the basic crime is elevated to Class C.
The bill removes the current directive in Title 17-A, section 908, subsection 2 that the trial court rather than the jury determine the materiality question. Since whether a fact relating to the terms of the agreement or contract is material is an element of the crime of home repair fraud, a defendant has the constitutional right to have the jury rather than the trial court determine the question of materiality.
The bill clarifies the requirement that a victim's address be kept confidential. It provides a general rule of confidentiality. It allows victim address information to be disclosed to state, criminal justice, juvenile justice and victim services agencies in limited circumstances and to other persons or agencies upon request of the victim. It allows criminal justice personnel and the court to disclose such information upon victim request as part of a court order restricting contact with the victim, or when the defendant already knows that victim's current address or location. It allows an attorney for the State to withhold such information upon a good faith belief that disclosure may compromise victim safety. It prohibits disclosure of a victim request for notice of the defendant's release except as required to carry out the request. The bill protects the confidentiality of victim information but does not prevent access to the information required for the administration of the criminal justice system, juvenile justice system or provision of victim services.
The bill allows a person convicted of nonsupport of dependents to be placed on probation under the supervision of the Department of Health and Human Services for a period extending to the time when the youngest dependent attains 18 years of age.