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 OOO, §11, is repealed and the following enacted in its place: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:

§11227. Violation

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. 34-A MRSA §11252, as enacted by PL 1999, c. 437, §2, is amended to read:

§11252. Immunity from liability

Neither the failure to perform the requirements of this chapter nor compliance with this chapter subjects any state, municipal or county official or employee to liability in a civil action. The immunity provided under this section applies, but is not limited to the release of relevant information to other officials or employees or to the general public.

Sec. 11. 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 10 of this Act take effect when approved.

SUMMARY

This bill defines "sentence" to include an involuntary commitment under the Maine Revised Statutes, Title 15, section 103, or a like statute in another jurisdiction. It clarifies the definition of "sexually violent offense." It clarifies when the duty to register must be carried out by a sex offender or sexually violent predator sentenced on or after September 18, 1999. It clarifies when the duty to register must be carried out by a sex offender or sexually violent predator sentenced on or after June 30, 1992, but before September 18, 1999. It amends Title 34-A, section 11225, subsection 1 to delete "sexually violent predator" since that category of offender is not subject to a 10-year registration requirement, being instead subject to lifetime registration under subsection 2. It clarifies how the 10-year registration period for sex offenders is to be calculated for those sentenced on or after June 30, 1992, but before September 18, 1999. It clarifies that a sexually violent predator sentenced on or after June 30, 1992 must register for the duration of the sexually violent predator's life. It clarifies that the Department of Public Safety, State Bureau of Identification may suspend the requirement that a sexually violent offender register during periods when the person is not at liberty due to institutional confinement. It amends Title 34- A, section 11227 by replacing the word "convicted" with the word "sentenced." It clarifies the final sentence of Title 34-A, section 11252 so that it can not be read to limit immunity under circumstances not involving the release of information.