SP0087, LD 251, item 2, ‘An Act Criminalizing Trafficking in Contraband in State Hospitals Serving Adults’

Amend the bill by striking out the title and substituting the following:

‘An Act Criminalizing Trafficking in Contraband in State Hospitals Serving Adults’

Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:

‘Sec. 1. 17-A MRSA §757-C is enacted to read:

§ 757-C. Trafficking in contraband in a state hospital

1. A person is guilty of trafficking in contraband in a state hospital if:

A. That person intentionally conveys or attempts to convey a dangerous weapon to any patient at a state hospital. Violation of this paragraph is a Class C crime;

B. That person intentionally conveys or attempts to convey contraband other than a dangerous weapon to any patient at a state hospital. Violation of this paragraph is a Class D crime; or

C. Being a patient at a state hospital, that person intentionally makes, obtains or possesses contraband. Violation of this paragraph is a Class D crime.

2. As used in this section, "contraband" means any tool or other item that may be used to facilitate a violation of section 755, a dangerous weapon or a scheduled drug as defined in section 1101, subsection 11, unless, in the case of a patient at a state hospital, the drug was validly prescribed to the patient and was approved for use by that patient pursuant to the procedures of the state hospital. As used in this section, "state hospital" means the Riverview Psychiatric Center or the Dorothea Dix Psychiatric Center.’

summary

This amendment replaces the bill and provides that a person who intentionally conveys or attempts to convey a dangerous weapon to a patient at a state hospital commits a Class C crime and makes any other violation of trafficking contraband in a state hospital a Class D crime.

This amendment adds to the definition of "contraband" provided in the bill a tool or other item that may be used to facilitate an escape.

FISCAL NOTE REQUIRED

(See attached)

SP0087 LD 251	Session - 126th Maine Legislature C "A", Filing Number S-124, Sponsored by		LR 527 Item 2
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