Criminal Law Advisory Committee Opposes Slate of Bills from Bath’s David Sinclair

The Maine Criminal Justice and Public Safety Committee held a work session April 30 at which it considered slate of bills that will have work sessions to potentially change Maine law with regard to criminal charges and mandatory minimum sentencing.

Representative David Sinclair (D-Bath), a lawyer who focuses on the underprivileged according to his biography on the Maine Legislative Democrats webpage, has introduced various measures this session that would loosen the strictures on criminal defendants or those convicted of a crime. Three of this bills up for consideration on Wednesday would impact mandatory minimums for sentencing, and require the right “state of mind” in a suspect in order to be charged with certain crimes.

These bills include:

LD 268 “An Act to Restore Sentencing Discretion to the Judiciary by Removing Mandatory Minimum Sentences of Incarceration” would change mandatory minimum sentences to sentencing that is issued by separate judges in separate courts for similar cases. This is a holistic change in sentencing and takes away the intent of mandatory minimum sentencing where certain crimes have mandatory punishments assigned to them.

LD 1146 “An Act Regarding the Required State of Mind Relating to Robbery” would amend Maine’s robbery statute to reflect the new federal standard set by the U.S. Supreme Court case of Counterman v. Colorado. If passed, LD 1146 would change the robbery statute to require that an individual must intentionally or knowingly threaten a person while committing theft to have the “culpable state of mind” to be found criminally liable for robbery.

LD 1147 “An Act Regarding the Required State of Mind Relating to the Threatening Display or Carrying of a Concealed Weapon” also is an attempt by Rep. Sinclair to amend Maine’s statute regarding the threatening display or carrying of a concealed weapon in response to the new federal standard set by Counterman v. Colorado. Under LD 1147 a person must intentionally or knowingly conceal a weapon on their person or display a weapon in a threatening manner to have the culpable state of mind to be found criminally liable under that statute.

Maine’s Criminal Law Advisory Committee (CLAC) is an organization created by statute to review and recommend revisions to Maine’s criminal statutes to ensure they are clear and aligned with current legal standards. The Criminal Law Advisory Committee submitted testimony against all three of Rep. Sinclair’s bills to revise and change Maine’s criminal statutes.

CLAC’s testimony in support or opposition to legislation is generally highly regarded by legislators on both sides of the aisle.

The committee voted LD 268, on mandatory minimums, ought not to pass, and reached divided reports on both LD 1146 and LD 1147. Based on these recommendations, the legislature as a whole will act on these bills at a yet-to-be-scheduled future date.