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Amend the bill by striking out the title and substituting the following:
‘An Act To Protect Law Enforcement Officers, Corrections Officers, Corrections Supervisors and Staff of Correctional Institutions by Providing a Mandatory Minimum Sentence for Aggravated Assaults against Them That Are Planned or in Which They Are Targeted’
Amend the bill by striking out everything after the enacting clause and inserting the following:
‘Sec. 1.  17-A MRSA §208, sub-§3  is enacted to read:
 
3.      Except as provided in paragraph C, a person who commits a crime under subsection 1 is subject to a mandatory minimum sentence, which may not be suspended, as provided in this subsection if the assault is committed on a law enforcement officer, a corrections officer, a corrections supervisor or a member of the staff of a correctional institution while that officer, supervisor or staff member is performing official duties.
 
A.  A mandatory minimum sentence under this subsection applies to a crime under subsection 1 that was in fact planned by the defendant prior to the assault or in which the law enforcement officer, corrections officer, corrections supervisor or member of the staff of a correctional institution was in fact targeted by the defendant because of the officer's, supervisor's or staff member's employment as a law enforcement officer, corrections officer, corrections supervisor or member of the staff of a correctional institution.
 
B.  When the sentencing class for a crime under subsection 1 is Class A, the minimum term of imprisonment under this subsection, which may not be suspended, is 4 years; when the sentencing class for a crime under subsection 1 is Class B, the minimum term of imprisonment under this subsection, which may not be suspended, is 3 years.
 
C.  The court may impose a sentence other than a minimum unsuspended term of imprisonment set forth in paragraph B, if:
 
(1) The court finds by substantial evidence that:
 
(a) Imposition of a minimum unsuspended term of imprisonment under paragraph B will result in substantial injustice to the defendant;
 
(b) Failure to impose a minimum unsuspended term of imprisonment under paragraph B will not have an adverse effect on public safety; and
 
(c) Failure to impose a minimum unsuspended term of imprisonment under paragraph B will not appreciably impair the effect of paragraph B in deterring others from violating this section; and
 
(2) The court finds that the defendant's background, attitude and prospects for rehabilitation and the nature of the victim and the offense indicate that imposition of a sentence under paragraph B would frustrate the general purposes of sentencing set forth in section 1151.
 
If the court imposes a sentence under this paragraph, the court shall state in writing its reasons for its findings and for imposing a sentence under this paragraph rather than under paragraph B.’
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
 
SUMMARY
This amendment is the minority report of the committee. The amendment replaces the bill. The amendment provides for a mandatory minimum term of imprisonment for an aggravated assault on a victim who is a law enforcement officer, a corrections officer or corrections supervisor or a member of the staff of a correctional institution who is in the performance of the victim's official duties if the defendant planned the assault prior to the assault or targeted that person because of that person's employment. The amendment provides a procedure and standards for the court to impose a sentence of imprisonment less than the mandatory minimum.