HP1447, LD 2037, item 1, An Act To Amend the Maine Criminal Code

An Act To Amend the Maine Criminal Code

Be it enacted by the People of the State of Maine as follows:

PART A

Sec. A-1. 17-A MRSA §1609, as enacted by PL 2019, c. 113, Pt. A, §2, is repealed and the following enacted in its place:

§ 1609. Nonconcurrent sentence

1. Mandatory nonconcurrent sentence. Notwithstanding section 1608, when an individual subject to an undischarged term of imprisonment is convicted of a crime committed while in execution of any term of imprisonment, the sentence is not concurrent with any undischarged term of imprisonment. The court may order that any undischarged term of imprisonment be tolled and service of the nonconcurrent sentence commence immediately and the court shall so order if any undischarged term of imprisonment is a split sentence. No portion of the nonconcurrent sentence may be suspended. Any sentence that the convicted individual receives as a result of the conviction of a crime while in execution of a term of imprisonment must be nonconcurrent with all other sentences.

This subsection also applies to prisoners on supervised community confinement pursuant to Title 34-A, section 3036-A.

2. Discretionary nonconcurrent sentence. Notwithstanding section 1608, when an individual subject to an undischarged term of imprisonment is convicted of a crime committed during a stay of execution of any term of imprisonment, convicted of a crime committed after failure to report after a stay of execution of any term of imprisonment or convicted of failure to report as ordered after a stay of execution of any term of imprisonment, the court may order that the sentence is not concurrent with any undischarged term of imprisonment. If the court orders that the sentence is not concurrent, the court may order that any undischarged term of imprisonment be tolled and service of the nonconcurrent sentence commence immediately, and the court shall so order if any undischarged term of imprisonment is a split sentence. No portion of the nonconcurrent sentence may be suspended. Any nonconcurrent sentence that the convicted individual receives as a result of an order entered pursuant to this subsection must be nonconcurrent with all other sentences.

PART B

Sec. B-1. 17-A MRSA §2016, sub-§1, as enacted by PL 2019, c. 113, Pt. A, §2, is amended to read:

1. Work program; payment of restitution and fines. A prisoner who has been ordered to pay restitution or fines may not be released pursuant to a work program administered by the Department of Corrections under Title 34-A, section 3035, or a sheriff under Title 30-A, section 1605, or participate in an industry program under Title 34-A, section 1403, subsection 9 or any other program administered by the Department of Corrections or a sheriff by which a prisoner is able to generate money, unless the prisoner consents to pay at least 25% of the prisoner's gross weekly wages or other money generated to the victim or the court until such time as full restitution has been made or the fine is paid in full. The chief administrative officer of the correctional facility where the prisoner is incarcerated shall collect and disburse to the victim or victims that portion of the prisoner's wages or other money generated agreed to as payment of restitution. The chief administrative officer of the correctional facility where the prisoner is incarcerated shall also collect and disburse to the court that portion of the prisoner's wages or other money generated agreed to as payment of fines after the restitution is paid in full. If the victim or victims ordered by the court to receive restitution cannot be located, the correctional facility shall inform the court that ordered restitution. The court shall determine the distribution of these funds forward the funds, as provided in section 2009, to the Treasurer of State to be handled as unclaimed property.

Sec. B-2. 17-A MRSA §2016, sub-§2, as enacted by PL 2019, c. 113, Pt. A, §2, is amended to read:

2. Payment of restitution or fines from other sources. A prisoner, other than one addressed by subsection 1, who receives money, from any source, shall pay 25% of that money to any victim or the court if the court has ordered that restitution or a fine be paid. The chief administrative officer of the correctional facility in which the prisoner is incarcerated shall collect and disburse to the victim or victims that portion of the prisoner's money ordered as restitution. The chief administrative officer of the correctional facility where the prisoner is incarcerated shall also collect and disburse to the court that portion of the prisoner's money ordered as fines after the restitution is paid in full. If the victim or victims ordered by the court to receive restitution cannot be located, the correctional facility shall inform the court that ordered restitution. The court shall determine the distribution of these funds forward the funds, as provided in section 2009, to the Treasurer of State to be handled as unclaimed property. Money received by the prisoner and directly deposited into a telephone call account established by the Department of Corrections for the sole purpose of paying for use of the department's client telephone system is not subject to this subsection, except that 25% of any money received by the prisoner and transferred from the telephone call account to the department's general client account at the time of the prisoner's discharge or transfer to supervised community confinement must be collected and disbursed as provided in this subsection.

PART C

Sec. C-1. 17-A MRSA §301, sub-§1, ¶A, as amended by PL 2001, c. 383, §26 and affected by §156, is further amended to read:

A. The actor knowingly restrains another person with the intent to:

(1) Hold the other person for ransom or reward;

(2) Use the other person as a shield or hostage;

(3) Inflict bodily injury upon the other person or subject the other person to conduct defined as criminal in chapter 11;

(3-A) Subject the other person to conduct defined as criminal in chapter 11;

(4) Terrorize the other person or a 3rd person;

(5) Facilitate the commission of another crime by any person or flight thereafter; or

(6) Interfere with the performance of any governmental or political function; or

Sec. C-2. 34-A MRSA §11203, sub-§6, ¶B, as repealed and replaced by PL 2013, c. 424, Pt. A, §19, is amended to read:

B. A violation under former Title 17, section 2922; former Title 17, section 2923; former Title 17, section 2924; Title 17-A, section 253, subsection 2, paragraph E, F, G, H, I or J; Title 17-A, section 254; former Title 17-A, section 255, subsection 1, paragraph A, E, F, G, I or J; former Title 17-A, section 255, subsection 1, paragraph B or D if the crime was not elevated a class under former Title 17-A, section 255, subsection 3; Title 17-A, section 255-A, subsection 1, paragraph A, B, C, F-2, G, I, J, K, L, M, N, Q, R, S or T; Title 17-A, section 256; Title 17-A, section 258; former Title 17-A, section 259; Title 17-A, section 282; Title 17-A, section 283; Title 17-A, section 284; Title 17-A, section 301, subsection 1, paragraph A, subparagraph (3) (3-A), unless the actor is a parent of the victim; Title 17-A, section 511, subsection 1, paragraph D; Title 17-A, section 556; Title 17-A, section 852, subsection 1, paragraph B; or Title 17-A, section 855;

Sec. C-3. 34-A MRSA §11273, sub-§16, ¶C, as enacted by PL 2011, c. 663, §3, is amended to read:

C. Title 17-A, section 301, subsection 1, paragraph A, subparagraph (3) (3-A);

Sec. C-4. 37-B MRSA §504, sub-§4, ¶H, as enacted by PL 2015, c. 175, §1, is amended by amending subparagraph (3) to read:

H. A person is not eligible for interment under this chapter if the person has:

(1) Been convicted of the crime of murder;

(2) Been convicted of a crime in another jurisdiction punishable by a sentence of life imprisonment or death;

(3) Been convicted of a Class A or Class B crime under:

(a) Title 17-A, chapter 11;

(b) Title 17-A, chapter 12; or

(4) Been convicted of a Class C crime under Title 17-A, section 853, subsection 1;

(5) Been convicted of a military, tribal or federal offense requiring registration pursuant to the federal Adam Walsh Child Protection and Safety Act of 2006, Public Law 109-248, 42 United States Code, Chapter 151;

(6) Been convicted under any other jurisdiction's sex offender laws requiring the person to register for life; or

(7) Been found to have committed any crime listed in subparagraphs (1) to (6) but has not been convicted because the person has not been available for trial due to the person's death or flight to avoid prosecution. A finding under this subparagraph must be made by the appropriate federal official. Any such finding may be based only upon a showing of clear and convincing evidence, after an opportunity for a hearing in a manner prescribed by the appropriate federal official. For purposes of this subparagraph, "appropriate federal official" means the Secretary of Veterans Affairs, in the case of the National Cemetery Administration, or the Secretary of the Army, in the case of the Arlington National Cemetery.

PART D

Sec. D-1. 17-A MRSA §1111-B, as amended by PL 2019, c. 292, §1, is further amended to read:

§ 1111-B. Exemption from criminal liability for reporting a drug-related medical emergency or administering naloxone

A person who in good faith seeks medical assistance for or administers naloxone hydrochloride to another person experiencing a drug-related overdose or who is experiencing a drug-related overdose and is in need of medical assistance may not be arrested or , prosecuted for or subject to revocation of probation based on conduct that would otherwise constitute a violation of section 1107-A, 1108, 1111 or 1111-A or a violation of probation as authorized by chapter 49 if the grounds for arrest or prosecution are obtained as a result of the person's seeking medical assistance, administering naloxone hydrochloride or experiencing a drug-related overdose.

summary

This bill is submitted by the Criminal Law Advisory Commission pursuant to the Maine Revised Statutes, Title 17-A, section 1354, subsection 2.

Part A of the bill authorizes nonconcurrent sentencing when a crime is committed by a convicted person during a stay of execution of any term of imprisonment or after failure to report after a stay of execution of any term of imprisonment. It also authorizes nonconcurrent sentencing when the convicted person is convicted of the crime of failure to report as ordered after a stay of execution of any term of imprisonment.

Part B amends Title 17-A, section 2016 to make it consistent with existing law in Title 17-A, section 2009 with respect to disposition of funds by correctional facilities when they hold funds for the purposes of restitution and the victim cannot be located. Current Title 17-A, section 2016 requires the facility to notify the court and the court to determine distribution of the funds. The bill requires the facility to forward the funds to the Treasurer of State to be handled as unclaimed property, consistent with current Title 17-A, section 2009.

Part C separates 2 variants of kidnapping under Title 17-A, section 301, subsection 1, paragraph A, subparagraph (3). The crime of kidnapping with the intent to inflict bodily injury is distinct from the crime of kidnapping with the intent to subject a person to criminal activity defined in Title 17-A, chapter 11. The latter remains a Tier III crime requiring registration pursuant to the Sex Offender Registration and Notification Act of 2013. Crimes committed in violation of Title 17-A, section 301, subsection 1, paragraph A, subparagraph (3) after the effective date of this legislation will not require registration. In addition, this provision provides clarity in the Maine Criminal Code and a more accurate reference for purposes of crime data.

Part D clarifies that immunity from revocation of probation is limited to the same conduct for which there is immunity from prosecution under the law protecting persons seeking medical assistance or administering naloxone hydrochloride or experiencing a drug-related overdose.

HP1447 LD 2037	Session - 129th Maine Legislature		LR 3142 Item 1
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