CHAPTER 415
H.P. 490 - L.D. 670
An Act To Protect Children Using Maine's Athletic Fields and Parks from Drug Dealers
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §1101, sub-§23 is enacted to read:
23. "Safe zone" means an athletic field, park, playground or recreational facility that is designated as a safe zone by a municipality pursuant to Title 30-A, section 3253.
Sec. 2. 17-A MRSA §1105-A, sub-§1, ¶E, as enacted by PL 2001, c. 383, §119 and affected by §156, is amended to read:
E. At the time of the offense, the person is on a school bus or within 1,000 feet of the real property comprising a private or public elementary or secondary school or a safe zone as defined in section 1101, subsection 23 and the drug is:
(1) A schedule W drug. Violation of this subparagraph is a Class A crime;
(2) Marijuana in a quantity of 20 pounds or more. Violation of this subparagraph is a Class A crime;
(3) A schedule X drug. Violation of this subparagraph is a Class B crime;
(4) Marijuana in a quantity of more than one pound. Violation of this subparagraph is a Class B crime;
(5) A schedule Y drug. Violation of this subparagraph is a Class C crime; or
(6) A schedule Z drug. Violation of this subparagraph is a Class C crime.
For purposes of this paragraph, "school bus" has the same meaning as defined in Title 29-A, section 2301, subsection 5;
Sec. 3. 17-A MRSA §1105-C, sub-§1, ¶E, as enacted by PL 2001, c. 383, §119 and affected by §156, is amended to read:
E. At the time of the offense, the person is on a school bus or within 1,000 feet of the real property comprising a private or public elementary or secondary school or a safe zone as defined in section 1101, subsection 23 and the drug is:
(1) A schedule W drug. Violation of this subparagraph is a Class B crime;
(2) A schedule X drug. Violation of this subparagraph is a Class C crime;
(3) A schedule Y drug. Violation of this subparagraph is a Class C crime; or
(4) A schedule Z drug. Violation of this subparagraph is a Class C crime.
For purposes of this paragraph, "school bus" has the same meaning as defined in Title 29-A, section 2301, subsection 5;
Sec. 4. 17-A MRSA §1105-D, sub-§1, ¶D, as enacted by PL 2001, c. 383, §119 and affected by §156, is amended to read:
D. At the time of the offense, the person is within 1,000 feet of the real property comprising a private or public elementary or secondary school or a safe zone as defined in section 1101, subsection 23 and the person grows or cultivates:
(1) Five hundred or more marijuana plants. Violation of this subparagraph is a Class A crime;
(2) One hundred or more but fewer than 500 marijuana plants. Violation of this subparagraph is a Class B crime;
(3) More than 5 but fewer than 100 marijuana plants. Violation of this subparagraph is a Class C crime; or
(4) Five or fewer marijuana plants. Violation of this subparagraph is a Class D crime.
Sec. 5. 30-A MRSA §3253 is enacted to read:
§3253. Safe zones designated by municipality
A municipality may designate an area of the municipality that is frequented by minors as a safe zone under Title 17-A, section 1101, subsection 23. A safe zone designated pursuant to this section must be conspicuously marked by the municipality with an informational sign using wording provided by the Commissioner of Public Safety.
Sec. 6. Safe zone informational signs. The Commissioner of Public Safety shall establish uniform wording to be used on a safe zone informational sign under the Maine Revised Statutes, Title 30-A, section 3253 and shall upon a request from a municipality provide the municipality with a copy of that wording electronically or by other means. The commissioner is not responsible for providing the safe zone informational sign.
Effective September 17, 2005.
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