An Act To Protect Victims of Domestic Violence
Maine Legislature, Session 122, LD 1938
Committee Amendment CA_A_S525 (Senate)
Amends: 19-A MRSA §4

COMMITTEE AMENDMENT "A" to S.P. 739, L.D. 1938, Bill, "An 
Act To Protect Victims of Domestic Violence" 
Amend the bill by striking out everything after the enacting 
clause and· before the summary and insertin<jJ in its place the 
following: 
, Sec. 1. 19-A MRS A §4012, sub-§9 is enacted to read: 
9. 
BotificatioD of attempted purcbase of firearm. 
When the 
Department of Public Safety receives notification from a federal 
agency that a background cr iminal records check conducted under 
the system established pursuant to 18 United States Code. Section 
922(t) 
indicates that the potential buyer 
or transferee is 
prohibited from receipt or possession of a firearm pursuant to a 
temporary or final protection from abuse order, the department 
shall make 
every reasonable effort to notify as quickly as 
practicable both the individual intended to be protected by the 
protection from abuse order and another law enforcement agency 
with jurisdiction in the municipality in which that individual 
resides of the information received from the federal agency. 
For 
th~ purposes of this subsection. notification may be made by 
the Department of Public Safety to the individual intended to be 
protected by the protection from 
abuse order 
through 
a 
law 
enforcement agency within the county in which the individual 
resides. 
When the department makes notification through such a 
law enforcement agency. that agency then must make reasonable 
effort 
to 
notify 
as 
quickly 
as 
practicable 
the 
individual 
intended to be protected by the protection from abuse order. 
If. 
Page l-LR2571(2) 
COMMITTEE AMENDMENT 
1/;." 
~ 
2() 
COMMITTEE AMENDMENT 
to S.P. 739,L.D. 1938 
when 
notifying 
a 
law enforcement 
agency. 
the 
department is 
informed by that agency that it cannot notify the individual 
intended to be protected by the protection from abuse order. the 
department must continue to make reasonable effort to notify that 
individual 
as 
quickly 
as 
practicable. 
including 
through 
a 
different law enforcement agency within the county in which the 
individual resides. 
Sec. 2. 19-A MRSA §4()12, sub-§l() is enacted to read: 
10. 
Liability 
for 
damages. 
The 
State. 
a 
political 
subdivision of the State or a 
law enforcement officer is not 
liable for damage that may be caused by the failure or inability 
to inform an individual who is the subject of a protection from 
abuse order in accordance with subsection 9. 
This subsection 
does not prohibit the State or a political subdivision of the 
State from pursuing legally authorized disciplinary action.' 
SUMMARY 
This amendment specifies that, upon 
rece~v~ng information 
from a federal agency that through a criminal background check an 
individual subject to a protection from abuse order has illegally 
attempted to purchase a firearm, the Department of Public Safety 
shall share that information with the individual who is intended 
to be protected by the order and with another law enforcement 
agency with jurisdiction in the municipality in which that 
individual resides as quickly as practicable. 
The amendment also specifies that the Department of Public 
Safety 
may 
accomplish 
the notification process 
by notifying 
another law enforcement agency within the county in which the 
individual intended to be protected by the protection from abuse 
order resides. 
When the department makes notification through 
such 
a 
law enforcement 
agency, 
that agency 
then must 
make 
reasonable effort 
to 
notify 
as 
quickly 
as 
practicable 
the 
individual intended to be protected by the protection from abuse 
order. 
If, when notifying another law enforcement agency, the 
department is informed by that agency that it cannot notify the 
individual intended to be protected by the protection from abuse 
order, the department must continue to make its own reasonable 
effort to notify that individual as quickly as practicable, and 
this may be accomplished through a different law enforcement 
agency within the county in which the individual resides. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A .. to S.P. 739, L.D. 1938 
The amendment also clarifies that the immunity 
prov~s~on 
does not prohibit the State or a political subdivision of the 
State from pursuing legally authorized disciplinary action. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/20106 ~ae 
LD 1938 
LR2571(02) 
An Act To Protect Victims of Domestic Violence 
Fiscal Note for Bill as Amended by Committee Amendment ,A " 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Highway Fund 
LR2571(2) - Fiscal Note - Page 1 of 1