CHAPTER 553
H.P. 1518 - L.D. 2022
An Act to Clarify the Sex Offender Registration and Notification Act of 1999
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, statutory changes to the Sex Offender Registration and Notification Act of 1999 are necessary to ensure the efficient and effective registration of sex offenders and to reduce confusion about the registration requirements; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 34-A MRSA §11203, sub-§4-B is enacted to read:
4-B. Sentence. "Sentence," in addition to any punishment alternatives, includes an involuntary commitment under Title 15, section 103, or similar statute from another jurisdiction, following a verdict of not criminally responsible by reason of mental disease or defect or similar verdict in another jurisdiction.
Sec. 2. 34-A MRSA §11203, sub-§7, ¶A, as enacted by PL 1999, c. 437, §2, is amended to read:
A. A conviction for one of the offenses or for an attempt to commit an offense one of the offenses under Title 17-A, section 253, subsection 1; Title 17-A, section 253, subsection 2, paragraph A, B, C or D; or Title 17-A, section 255, subsection 1, paragraph B, C, D or H; or
Sec. 3. 34-A MRSA §11203, sub-§7, ¶A, as amended by PL 2001, c. 383, §154 and affected by §156, is further amended to read:
A. A conviction for one of the offenses or for an attempt to commit an offense one of the offenses under Title 17-A, section 253, subsection 1; Title 17-A, section 253, subsection 2, paragraph A, B, C or D; or Title 17-A, section 255-A, subsection 1, paragraph C, D, E, F, G, H, O or P; or
Sec. 4. 34-A MRSA §11203, sub-§7, ¶B, as enacted by PL 1999, c. 437, §2, is amended to read:
B. A conviction for an offense or for an attempt to commit an offense of the law in another jurisdiction, including, but not limited to, a state, federal, military or tribal court, that includes the essential elements of an offense listed in paragraph A.
Sec. 5. 34-A MRSA §11222, sub-§1-A is enacted to read:
1-A. When duty to register must be exercised. Following determination by the court under subsection 1, a sex offender or a sexually violent predator shall register as follows.
A. If the sex offender or sexually violent predator is sentenced to a wholly suspended sentence with probation or to a punishment alternative not involving imprisonment, the duty to register is triggered at the time the person commences an actual execution of the wholly suspended sentence or at the time of sentence imposition when no punishment alternative involving imprisonment is imposed, unless the court orders a stay of execution, in which event the duty is triggered by the termination of the stay.
B. If the sex offender or sexually violent predator is sentenced to a straight term of imprisonment or to a split sentence, the duty to register is triggered by discharge or conditional release.
C. If the sex offender or sexually violent predator is committed under Title 15, section 103, the duty to register is triggered by discharge or conditional release under Title 15, section 104-A.
Sec. 6. 34-A MRSA §11222, sub-§2-A, as enacted by PL 2001, c. 439, Pt. OOO, §11, is repealed and the following enacted in its place:
2-A. Duty of sex offender or sexually violent predator sentenced from June 30, 1992 to September 17, 1999 to register. Notwithstanding subsection 1, a person who has been sentenced on or after June 30, 1992 but before September 18, 1999 for a sex offense or a sexually violent offense shall register either as a sex offender or as a sexually violent predator, whichever is applicable, with the bureau by September 1, 2002 if the duty to register has been triggered under subsection 1-A, paragraph A, B or C, unless sooner notified in writing of a duty to register under subsection 1-A, paragraph A, B or C by the bureau, the department or a law enforcement officer, in which case the person shall register with the bureau within 10 days of notice.
Sec. 7. 34-A MRSA §11225, sub-§1, as amended by PL 2001, c. 439, Pt. OOO, §12, is further amended to read:
1. Sex offender. A sex offender shall register for a period of 10 years from the initial date of registration pursuant to this chapter, except that a sex offender required to register because the sex offender established a domicile in this State subsequent to being declared a sex offender in another state or under another jurisdiction shall register for a maximum of 10 years from the date when the sex offender was first required to register in the other state or under another jurisdiction. A sex offender or sexually violent predator convicted sentenced from June 30, 1992 to September 17, 1999 shall register for a period of 10 years from the date of conviction if the sex offender or sexually violent predator was not sentenced to a period of institutional confinement, or for 10 years from the date of discharge or conditional release if the sex offender or sexually violent predator was sentenced to a period of institutional confinement, to be calculated as follows.
A. If the sex offender was sentenced to a wholly suspended sentence with probation or to a punishment alternative not involving imprisonment, the 10-year period is treated as having begun at the time the person commenced an actual execution of the wholly suspended sentence or at the time of sentence imposition when no punishment alternative involving imprisonment was imposed, unless the court ordered a stay of execution, in which event the 10-year period is treated as having begun at the termination of the stay.
B. If the sex offender was sentenced to a straight term of imprisonment or to a split sentence, the 10-year period is treated as having begun at the time of discharge or conditional release.
C. If the sex offender was committed under Title 15, section 103, the 10-year period is treated as having begun at the time of discharge or conditional release under Title 15, section 104-A.
D. If the sex offender's duty to register has not yet been triggered, the 10-year period will commence upon registration by the person in compliance with section 11222, subsection 1-A, paragraphs A, B or C.
Sec. 8. 34-A MRSA §11225, sub-§§2 and 3, as enacted by PL 1999, c. 437, §2, are amended to read:
2. Sexually violent predator. A sexually violent predator sentenced on or after June 30, 1992 shall register for the duration of the sexually violent predator's life.
3. Periods of incarceration or civil confinement. Notwithstanding subsections 1 and 2, the bureau may suspend the requirement that a sex offender or sexually violent predator register during periods of incarceration or civil confinement.
Sec. 9. 34-A MRSA §11227, as amended by PL 2001, c. 439, Pt. OOO, §13, is further amended to read:
A sex offender or sexually violent predator who fails to register or update the information required under this chapter commits a Class D crime, except that a violation of this section when the sex offender or sexually violent predator has 2 or more prior convictions in this State for violation of this chapter is a Class C crime. For purposes of this section, the dates of both of the prior convictions must precede the commission of the offense being enhanced by no more than 10 years, although both prior convictions may have occurred on the same day. The date of the conviction is deemed to be the date that sentence is imposed, even though an appeal was taken. The date of a commission of a prior offense is deemed to be that stated in the complaint, information or indictment, notwithstanding the use of the words "on or about" or the equivalent. It is an affirmative defense that the failure to register or update information resulted from just cause, except that sex offenders and sexually violent predators convicted sentenced from June 30, 1992 to September 17, 1999 may not raise a defense under just cause that they were not aware of the registration requirement.
Sec. 10. Effective date. Section 3 of this Act takes effect January 31, 2003.
Emergency clause. In view of the emergency cited in the preamble, sections 1, 2 and 4 to 9 of this Act take effect when approved.
Effective March 25, 2002, unless otherwise indicated.
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