An Act To Amend the Laws Governing Crimes against People Who Are Homeless (AFfER DEADLINE)
Maine Legislature, Session 122, LD 1659
Committee: Criminal Justice and Public Safety
Sponsors: DUDLEY, BRENNAN, ADAMS, CRA YEN, DUNN, FAIRCLOTH, EDMONDS, GAGNON, PERRY, ROTUNDO
Amends: 25 MRSA §2804-E

Legislative Document 
No. 1659 
H.P.1170 
House of Representatives, May 5, 2005 
An Act To Amend the Laws Governing Crimes against People Who 
Are Homeless 
(AFfER DEADLINE) 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative DUDLEY of Portland. 
Cosponsored by Senator BRENNAN of Cumberland and 
7lJ~/J7.~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: ADAMS of Portland, CRA YEN of Lewiston, DUNN of Bangor, 
FAIRCLOTH of Bangor, Senators: President EDMONDS of Cumberland, GAGNON of 
Kennebec, PERRY of Penobscot, ROTUNDO of Androscoggin. 
Printed on recycled paper 
Emergency preamble. Whereas, acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, the 121st Legislature directed the Attorney General 
to study the nature and types of discrimination against people 
who are homeless in Maine; and 
Whereas, the study indicated that people who are homeless 
are frequently the victims of crimes, that they are unlikely to 
report those crimes and that they believe that their reports will 
not be taken seriously by law enforcement agencies; and 
Whereas, when cases involving victims and witnesses who are 
homeless are reported to law enforcement agencies, those cases 
pose unique challenges; and 
Whereas, the nonreporting of crimes 
protecting people 
who 
are homeless 
and 
commit crimes against them; and 
is a 
key 
punishing 
barrier to 
people 
who 
Whereas, this legislation proposes several steps that will 
help law enforcement agencies and advocates and service agencies 
that work with people who are homeless to reduce the barriers to 
reporting crimes against people who are homeless; and 
Whereas, the Legislature strongly supports 
the 
protecting people who are homeless and punishing those 
crimes against them; and 
goals 
of 
who commit 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety: now, therefore, 
Be it enacted by the People of the State of Maine as follows~ 
Sec. 1. 17-A MRS A §1151, sub-§8, 1fB, as enacted by PL 1995, c. 
149, §1, is amended to read: 
B. 
The selection by the defendant of the person against 
whom the crime was committed or of the property that was 
damaged or otherwise affected by the crime because of the 
race, 
color, 
religion, 
sex, 
ancestry, 
national 
origin, 
physical or mental disability 
9FL 
sexual orientation or 
homelessness of that person or of the owner or occupant of 
that property. 
Sec. 2. 25 MRS A §2804-C, sub-§2-B is enacted to read: 
Page l-LR2132(1) 
2-D. 
Training regarding people who are homeless. 
The board 
shall include in the basic 
law enforcement training program 
related to dealing with vulnerable persons additional training 
aimed specifically at 
reducing barriers 
to 
reporting 
crimes 
against people who are homeless and dealing with the unique 
challenges posed by cases that involve victims or witnesses who 
are homeless. 
Sec. 3. 25 MRSA §2804-E, sub-§2, as amended by PL 1993, c. 
744, §7, is further amended to read: 
2. 
Role of board. 
The board shall establish in-service 
recertification training requirements, consistent with subsection 
1, coordinate delivery of in-service training with postsecondary 
schools and other institutions and law enforcement agencies and 
administer 
in-service 
training 
programs. 
The 
in-service 
recertification training requirements must include information on 
new laws and court decisions and on new enforcement practices 
demonstrated to reduce crime or increase officer safety and must 
include a 
segment aimed specifically at reducing barriers to 
reporting crimes against people who are homeless and dealing with 
the unique challenges posed by cases that involve victims or 
witnesses 
who 
are 
homeless. 
The 
board 
shall 
consider 
and 
encourage 
the 
use 
of 
telecommunications 
technology 
in 
the 
development and delivery of in-service training programs. 
In 
establishing the recertification training requirements, the board 
shall cooperate with the state and local departments and agencies 
to which the in-service requirements apply to ensure that the 
standards 
are 
appropriate. 
In-service 
training 
may 
not 
be 
applied 
to 
satisfy 
in-service 
recertification 
training 
requirements unless it is approved by the board. 
Sec. 4. Relationship between law enforcement agencies and homeless; 
designation of liaison. 
The Commissioner of Public Safety and the 
Attorney 
General 
shall 
review 
the 
relationship 
between 
law 
enforcement 
agencies 
and 
people 
who 
are 
homeless 
and 
shall 
explore 
methods 
of 
encouraging 
law 
enforcement 
agencies 
in 
communi ties with significant homeless populations or that have 
homeless shelters within 
their areas of jurisdiction to take 
concrete and meaningful steps to improve relations with people 
who are homeless and their advocates. 
As part of their review, 
the commissioner and the Attorney General shall consider ways to: 
1. 
Facilitate the 
designation 
by 
each 
law 
enforcement 
agency of at least one officer to serve as a liaison between the 
law enforcement agency and the homeless community served by that 
agency; and 
2. 
Encourage 
regular 
meetings 
between 
law 
enforcement 
agency liaison officers and advocates, 
representatives of the 
homeless community and people who are homeless to discuss issues 
of concern to the homeless community, the status of pending cases 
when appropriate and issues raised by the law enforcement agency. 
The commissioner and the Attorney General shall report back 
to 
the 
joint 
standing 
committee 
of 
the 
Legislature 
having 
jurisdiction over 
judiciary matters during the First Regular 
Session of the l23rd Legislature on the results of their review; 
the status of the relationship between law enforcement agencies 
and 
people 
who 
are 
homeless; 
and 
the 
effectiveness 
of 
law 
enforcement 
agency 
liaison 
officers 
in 
improving 
that 
relationship. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
SUMMARY 
This bill makes the following changes to the laws. 
1. 
It adds "homelessness" to the factors that a court may 
take into consideration as factors leading to enhancement of 
sentences. 
2. 
It requires that the Board of Trustees of the Maine 
Criminal Justice Academy include in the basic and in-service law 
enforcement training programs 
training 
aimed 
specifically at 
reducing barriers to reporting crimes against people who 
are 
homeless and dealing with the unique challenges posed by cases 
that involve victims or witnesses who are homeless. 
3. 
It directs the Commissioner of Public Safety and the 
Attorney 
General 
to 
review 
the 
relationship 
between 
law 
enforcement agencies and people who are homeless, explore methods 
of improving that relationship and consider ways to facilitate 
the designation by law enforcement agencies of at least one 
officer per 
agency 
to 
serve 
as 
a 
liaison between 
the 
law 
enforcement agency and the homeless 
community served by that 
agency.