An Act To Prevent Domestic Abuse by Reinstating the Death Penalty for Persons Who Murder Family or Household Members
Maine Legislature, Session 122, LD 1501
Committee: Criminal Justice and Public Safety
Sponsors: COURTNEY
Amends: 10 MRSA §1174, 10 MRSA §1243, 10 MRSA §1434, 15 MRSA §2115, 15 MRSA §2131-A, 17-A MRSA §201, 17-A MRSA §1152

Legislative Document 
No. 1501 
S.P.519 
In Senate, March 28, 2005 
An Act To Prevent Domestic Abuse by Reinstating the Death 
Penalty for Persons Who Murder Family or Household Members 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Senator COURTNEY of York. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 10 MRSA §1174, sub-§3, 1fR, as amended by PL 1995, c. 
65, Pt. A, §15 and affected by §153 and Pt. C, §15, is further 
amended to read: 
R. 
To 
cancel, 
terminate, 
fail 
to 
renew 
or 
refuse 
to 
continue 
any franchise 
relationship with 
a 
licensed 
new 
motor vehicle dealer, notwithstanding the terms, provisions 
or conditions of any agreement or franchise or the terms or 
provisions 
of 
any 
waiver, 
without 
first 
furnishing 
notification of the termination to the new motor vehicle 
dealer as follows: 
(1) 
Notification under this paragraph shall 
writing, shall ~ 
be by certified mail or 
delivered to the new motor vehicle dealer 
!JlYli contain: 
~ 
be in 
personally 
and shall 
(a) 
A statement 
franchise, 
cancel 
the franchise; 
of intention to 
the franchise or 
terminate the 
not to renew 
(b) 
A 
statement 
of 
the 
reasons 
for 
the 
termination, cancellation or nonrenewal; and 
(c) 
The 
date 
on 
which 
the 
termination, 
cancellation or nonrenewal takes effect; 
(2) 
The notice described in this paragraph shall may 
not be less than 90 days prior to the effective date of 
the termination, cancellation or nonrenewal; or 
(3) 
The notice described in this paragraph shall may 
not be less than 15 days prior to the effective date of 
the 
termination, 
cancellation 
or 
nonrenewal 
wi th 
respect to any of the following: 
(a) 
Insolvency of the new motor vehicle dealer, 
or filing of any petition by or against the new 
motor 
vehicle 
dealer 
under 
any 
bankruptcy 
or 
receivorship law; 
(b) 
The 
business operations of 
the 
franchised 
motor vehicle dealer have been abandoned or closed 
for 7 consecutive business days unless the closing 
is 
due 
to 
an 
act 
of 
God, 
strike 
or 
labor 
difficulty; 
Page l-LR0506(1) 
(c) 
Conviction of or plea of nolo contendere of a 
franchised motor vehicle dealer, 
or one of its 
principal owners, of murder or any Class A, B or C 
crime, 
as 
defined in the Maine 
Criminal 
Code, 
Title 17-A, in which a sentence of imprisonment of 
one year or more or a death sentence is imposed 
under Title 17 -A, 
seet:ie:as--l-2M--and--l~§~ chapter 
51, 52 or 52-A; or 
(d) 
Revocation 
dealer's license 
903; 
of the franchised 
pursuant to Title 
motor 
29-A, 
vehicle 
section 
Sec. 2. 10 MRSA §1243, sub-§3, 'Q, as enacted by PL 1997, c. 
473, §3, is amended to read: 
Q. To cancel, terminate, fail to renew or refuse to continue 
any 
franchise 
relationship with 
a 
licensed 
new personal 
sports mobile dealer, notwithstanding the terms, provisions 
or conditions of any agreement or franchise or the terms or 
provisions 
of 
any 
waiver, 
without 
first 
providing 
notification of the termination, cancellation, nonrenewal or 
noncontinuance to the new personal sports mobile dealer as 
follows: 
(1) 
Notification 
under 
this 
paragraph 
must 
writing 
and 
must 
be 
delivered 
personally 
certified mail to the new personal sports mobile 
and must contain: 
be 
in 
or 
by 
dealer 
(a) A statement of intention to terminate, cancel, 
not continue or not renew the franchise; 
(b) 
A 
statement 
of 
the 
termination, 
cancellation, 
nonrenewal; and 
(c) 
The 
date 
on 
which 
cancellation, 
noncontinuance 
effect; 
reasons 
for 
the 
noncontinuance 
or 
the 
termination, 
or 
nonrenewa1 
takes 
(2) The notice required in this paragraph may not be 
given less than 90 days prior to the effective date of 
the 
termination, 
cancellation, 
noncontinuance 
or 
nonrenewal, except as provided in subparagraph (3); or 
(3) The notice required in this paragraph may not be 
given less than 15 days prior to the effective date of 
the 
termination, 
cancellation, 
noncontinuance 
or 
nonrenewal with respect to any of the following: 
(a) Insolvency of the new personal sports mobile 
dealer or filing of any petition by or against the 
new 
personal 
sports 
mobile 
dealer 
under 
any 
bankruptcy or receivership law; 
(b) The business operations of the personal sports 
mobile dealer have been abandoned or closed for 14 
consecutive business days unless the closing is 
due to an act of God, strike or labor difficulty; 
or 
(c) Conviction of or plea of nolo contendere of a 
personal 
sports 
mobile 
dealer 
or 
one 
of 
its 
principal owners of murder or any Class A, Class B 
or Class C crime, as defined in Title 17-A, in 
which a sentence of imprisonment of one year or 
more or a death sentence is imposed under Title 
-A, 
see~ieas--1-:6-~1---and--1696 chapter 51, 
or 
52-A; or 
Sec. 3. 10 MRSA §1434, sub-§3, ~Q, as enacted by PL 1997, c. 
427, §2, is amended to read: 
Q. To cancel, terminate, fail to renew or refuse to continue 
any dealership relationship with a licensed new recreational 
vehicle dealer, 
notwithstanding the 
terms, 
provisions 
or 
conditions of any agreement or dealer agreement or the terms 
or 
provisions 
of 
any 
waiver, 
without 
first 
providing 
notification of the termination, cancellation, nonrenewal or 
noncontinuance to the new recreational vehicle dealer as 
follows: 
(1) 
Notification must 
be 
in writing 
and 
delivered 
personally or by certified mail to the new recreational 
vehicle dealer and contain: 
(a) A statement of intent to terminate the dealer 
agreement, 
cancel 
the 
dealer 
agreement, 
not 
continue the dealer agreement or not to renew the 
dealer agreement; 
(b) 
A 
statement 
of 
the 
termination, 
cancellation, 
nonrenewal; and 
(c) 
The 
date 
on 
which 
cancellation, 
noncontinuance 
effect; 
reasons 
for 
noncontinuance 
the 
or 
the 
termination, 
or nonrenewal 
takes 
(2) Notification may not be less than 90 days prior to 
the effective date of the termination, cancellation, 
noncontinuance or nonrenewal; or 
(3) Notification may not be less than 15 days prior to 
the effective date of the termination, cancellation, 
noncontinuance or nonrenewal with respect to any of the 
following: 
(a) 
Insolvency of the 
new 
recreational vehicle 
dealer or filing of any petition by or against the 
new 
recreational 
vehicle 
dealer 
under 
any 
bankruptcy or receivership law; 
(b) The business operations outlined by the dealer 
agreement have been abandoned or closed for 
consecutive business days unless the closing is 
due to an act of God, a strike or labor difficulty; 
(c) Conviction of or plea of nolo contendere of a 
recreational 
vehicle 
dealer 
or 
one 
of 
its 
principal owners of murder or any Class A, Class B 
or Class C crime, as defined in Title 17-A, in 
which a sentence of imprisonment of 60 days or 
more or a death sentence is imposed under Title 
-A, 
see~,ieRs--l-b5-l---an4--;J,696 chapter 51, 
or 
.5.CA; 
(d) 
Revocation 
dealer's license 
903; or 
of 
the 
pursuant 
recreational 
to Title 29-A, 
vehicle 
section 
(e) 
A determination that there was 
a 
material 
fraudulent misrepresentation by the dealer to the 
manufacturer, distributor or wholesaler; or 
Sec. 4. 15 MRSA c. 301, sub-c. 5 is enacted to read: 
SUBCHAPTER 5 
EXECUTION OF SENTENCE OF DEATH 
§1851. 
Transfer to Maine State Prison 
When a person is sentenced to death, the judgment of the 
court must direct the sheriff of the county in which the trial 
was held to move the person from the county jail to the Maine 
State Prison. 
Unless otherwise directed by an appropriate court 
order, the person must be kept in the Maine State Prison pending 
the review of the sentence by the Supreme Judicial Court. 
S1852. 
Issuance of warrant by Governor 
When a person is sentenced to death and the sentence is 
reviewed and affirmed by the Supreme Judicial Court, the clerk of 
the trial court shall prepare a certified copy of the record of 
the judgment and the sheriff shall transmit the record to the 
Goyernor. 
The sentence may not be executed until the Governor 
issues a warrant directing the warden of the Maine State Prison 
to execute the sentence at a specified time, attaches it to the 
copy of the record and transmits it to the warden. 
S1853. 
Stay of ezecution of death sentence 
The execution of a death sentence may be stayed only by the 
Governor or incident to an appeal or collateral proceeding. 
S1854. 
Proceedings when person sentenced to death appears 
to be mentally ill 
1. 
Examination by psychiatrists. 
When 
the 
Governor is 
informed that a person under sentence of death may be mentally 
ill. 
the 
Governor 
shall stay execution of 
the 
sentence 
and 
appoint a commission of 3 psychiatrists to examine the convicted 
person. 
The Governor shall notify the psychiatrists in writing 
that they are to 
examine 
the convicted person to 
determine 
whether the convicted person understands the nature And effect of 
the death penalty and why it is imposed 
upon the convicted 
person. 
The examination of the convicted person must take place 
with all 3 psychiatrists present at the same time. 
Counsel for 
the convicted person and counsel for the State may be present at 
the examination. 
If the convicted person does not have counsel, 
the court that imposed the sentence shall appoint counsel to 
represent the convicted person. 
2. 
ISSUance of warrant. 
After receiving the report of the 
commission under subsection 1. if the Governor decides that the 
convicted person has the mental capacity to understand the nature 
of the death penalty and the reasons it was imposed upon the 
convicted person, 
the Governor shall issue a 
warrant to the 
warden of the Maine State Prison directing the warden to execute 
the sentence at a time designated in the warrant. 
3. 
Committed to mental health institute. 
If the Governor 
decides that the convicted person does 
not 
have 
the mental 
capacity to understand the nature of the death penalty and the 
reasons it was imposed, the Governor shall have the convicted 
person committed to a state mental health institute. 
4. 
Determination of sanity. 
When a person under sentence 
of death has been committed to a state mental health institute, 
the person must be kept there until the proper official of the 
institute determines that the person is restored to sanity. 
The 
institute official shall notify the Governor of the official's 
determination and the Governor shall appoint another commission 
to proceed as provided in subsection 1. 
5. 
Fees 
for psychiatrists. 
The 
Governor 
shall 
allow 
reasonable fees for psychiatrists appointed under this section. 
The State shall pay the fees. 
S1855. 
Proceedings when person sentenced to death appears 
to be pregnant 
1. 
Examination by PAYsician. 
When the Goyernor is informed 
that 
a 
person under 
sentence of death may be pregnant. 
the 
Goyernor shall stay execution of the sentence and appoint 
a 
qualified physician to examine the convicted person and determine 
if the convicted person is pregnant. 
2. 
Issuance of warrant after report of physician. 
After 
receiving the report of the physician, if the Governor determines 
that the convicted person is not pregnant. the Governor shall 
issue a warrant to the warden of the Maine State Prison directing 
the warden to execute the sentence at a time designated in the 
warrant. 
3. 
Issuance of warrant when convicted person is no longer 
pregnant. 
If the Governor determines that a convicted person 
whose execution is stayed because of pregnancy is no 
longer 
pregnant, the Governor shall issue a warrant to the warden of the 
Maine State Prison directing the warden to execute the sentence 
at a time designated in the warrant. 
4. 
Fee 
for 
physician. 
The 
Governor 
shall 
allow 
a 
reasonable fee for the physician appointed under this section. 
The State shall pay the fee. 
§1856. 
Unjustifiable failure to execute sentence of dea~ 
If 
a 
death 
sentence 
is 
not 
executed 
because 
of 
an 
unjustified failure of the Governor to issue a warrant or for any 
other unjustifiable 
reason. 
the 
Supreme Judicial Court. 
upon 
application 
by 
the 
Attorney 
General, 
shall 
issue 
a 
warrant 
directing the warden of the Maine State Prison to execute the 
sentence at a time specified in the warrant. 
S1857. 
Execution of death sentence 
1. 
Execution. 
A death sentence must be executed by lethal 
injection. 
The warden of the Maine State Prison shall designate 
the executioner. 
The warrant authorizing the execution must be 
read to the convicted person immediately before execution. 
• 
Warden or designee. 
The warden of the Maine State 
Prison 
or 
the 
warden's 
designee 
must 
be 
present 
at 
the 
execution. 
The 
execution must 
be 
carried out at 
the 
time 
specified in the warrant or as soon as possible after the time 
specified in the warrant. 
3. 
Witnesses. 
Twelve citizens selected by the warden of 
the Maine State Prison must witness the execution. 
The Chief 
Medical 
Examiner 
or the medical 
examiner's designee must 
be 
present to certify the death of the convicted person. 
Counsel 
for the convicted person and clergy requested by the convicted 
person may be present. 
Representatives of the news media may be 
present under rules approved by the Commissioner of Corrections. 
All 
other 
persons, 
except 
prison officers 
and 
guards, 
are 
excluded. 
Rules adopted pursuant to this subsection are routine 
technical rules pursuant to Title 5, chapter 375, subchapter 2-A. 
4. 
Disposal of bodies. 
The body of the executed I?erson 
must be disl?osed of in the same manner as the bodies of inmates 
who die of natural causes in the Maine State Prison. 
S1858. 
Return of warrant of execution 
After the death sentence is executed, 
the warden of the 
Maine State Prison shall return to the Governor the warrant and a 
signed statement of execution. 
If the 
sentence is executed 
pursuant to a warrant issued by the SUl?reme Judicial Court, the 
warden shall return the warrant and the statement to the court 
and send an attested cOI?Y to the Governor. 
The warden shall file 
an attested copy of the warrant and statement with the clerk of 
the court that imposed the sentence. 
Sec. 5. 15 MRSA §2115, 2nd" as repealed and replaced by PL 
1965, c. 356, §63, is amended to read: 
In 
an 
appeal 
from 
a 
judgment 
imposing 
a 
sentence 
of 
imprisonment for life or a 
sentence of death, if 3 justices 
concur, the judgment shall-se is reversed and may be remanded for 
a new trial. In all other criminal cases, the judgment shall-Be 
is affirmed, 
unless 
a 
majority of 
the 
justices sitting and 
qualified to act in the case concur in its reversal. 
Sec. 6. 15 MRSA §2131-A is enacted to read: 
S2l3l-A. 
Review of death sentence 
1. 
Automatic sentence review. 
When a person is sentenced 
to death, the Supreme Judicial Court shall review the sentence in 
accordance with this section. 
The sentence review is automatic 
and in addition to a consideration of any errors raised on direct 
appeal. 
If a direct appeal is taken, the appeal and the sentence 
review are consolidated. 
For purposes of the sentence review, 
the entire record of the proceedings of the trial court is 
transmitted to the Supreme Judicial Court. 
2. 
Excessive or disproportionate sentence. 
With regard to 
the review of the sentence, 
the Su,preme Judicial Cou,rt shall 
determine whether the sentence is excessive or disproportionate 
to the sentence imposed in similar cases, if· any, considering 
both the crime and the defendant. 
If the Su,preme Judicial Court 
finds the sentence excessive or disproportionate to the sentence 
imposed in similar cases, the court may, in addition to any of 
its other powers, set aside the sentence and remand the case to 
the trial 
cou,rt 
for 
the 
imposition of 
a 
sentence 
of life 
imprisonment. 
3. 
Direct appeal. 
The 
sentence 
review 
and 
the direct 
appeal, if any, have priority over other cases and must be heard 
in accordance with any rules that the Su,preme Ju,dicial Court may 
prescribe to implement this section. 
A sentence of death may not 
be executed unless the sentence is reviewed and affirmed in 
accordance with this section. 
Sec. 7. 17-A MRSA §201, sub-§2, as amended by PL 2001, c. 383, 
§8 and affected by §l56, is further amended to read: 
2. 
The sentence for murder is as authorized in chapter 51 
except that, if the State pleads and proves that the crime of 
murder was committed against a family or household member, the 
sentence is as authorized in chapter 52-A. 
Sec. 8. 17-A MRSA §201, sub-§6 is enacted to read: 
6. 
For the purposes of this section, "family or household 
member" has the same meaning as in Title 19-A, section 4002, 
subsection 4. 
Sec. 9. 17-A MRS A §1152, sub-§2, 1f1fK and L, as enacted by PL 
2003, c. 711, Pt. A, §9, are amended to read: 
K. 
A fine, suspended in whole or in part, 
court's discretion, administrative release as 
chapter 54-G; eli' 
L. 
A suspended term of imprisonment with 
release as authorized by chapter 54-GT~ 
with, at the 
authorized by 
administrative 
Sec. 10. 17-A MRSA §1152, sub-§2"M is enacted to read: 
M. 
A sentence of death as authorized by chapter 52-A. 
Sec. 11. 17-A MRSA c. 52-A is enacted to read: 
CHAPTER 52-A 
CAPITAL PUNISHMENT 
S127I. 
Authorized sentence 
A person who is convicted of murder under section 201 of a 
family or household member is sentenced to death. 
S1272. 
Appeal of prior murder conviction 
If a person has been convicted of murder under section 201 
and the offense upon which the conviction was based is finally 
invalidated as a result of an appeal or collateral proceeding and 
retriaL if any, the person may petition a court of competent 
jurisdiction to be resentenced. 
If a subseguent conviction under 
section 201 results in the imposition of a 
sentence of death 
pursuant to section 1271 and the conviction for the prior offense 
is on appeal or is the subject of a collateral proceeding, the 
sentence of death may not be executed until after the final 
disposition of the appeaL collateral proceeding and retriaL if 
~ 
SUMMARY 
This bill reinstates the death penalty only for persons who 
murder family or household members.