An Act To Increase the Number of Mandated Reporters of Abuse, Neglect or Exploitation
Maine Legislature, Session 123, LD 2243
Committee Amendment CA_A_H870 (House)
Amends: 17-A MRSA §1201

COMMITTEE AMENDMENT "A" to H.P. 1604, L.D. 2243, Bill, "An Act To 
Increase the Number of Mandated Reporters of Abuse, Neglect or Exploitation" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Increase the Number of Mandated Reporters of Abuse, Neglect 
or Exploitation and To Clarify the Probation Laws Relating to Violation of 
Protection Orders' 
Amend the bill by inserting after section 3 the following: 
'Sec. 4. 17-A MRSA §1201, sub-§l, ~A-l, as repealed and replaced by PL 
2007, c. 475, § 14, is amended to read: 
A-I. 
The conviction is for a Class D or Class E crime other than: 
(I) A Class D or Class E crime relative to which, based upon both the written 
agreement of the parties and a court finding, the facts and circumstances of the 
underlying criminal episode giving rise to the conviction generated probable 
cause to believe the defendant had committed a Class A, Class B or Class C 
crime in the course of that criminal episode and, as agreed upon in writing by the 
parties and found by the court, the defendant has no prior conviction for murder 
or for a Class A, Class B or Class C crime and has not been placed on probation 
pursuant to this subparagraph on any prior occasion; 
(2) A Class D crime that the State pleads and proves was committed against a 
family or household member, or a dating partner OF a victim of se}wal assault OF 
stalking under chapter 9 or 13 or section W6--B-; 554,555 or 758. As used in this 
subparagraph, "family or household member" has the same meaning as in Title 
19-A, section 4002, subsection 4; "dating partner" has the same meaning as in 
Title 19-A, section 4002, subsection 3-A; "victim of sexual assault or stalking" 
means a person ',."ho has been a victim of conduct defined as stalking in section 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "ft .. to H.P. 1604, L.D. 2243 
A or described as sexual assault in chapter 11 cOffiA'litted by someone other 
than a family or household member or dating partner; 
(2-A) A Class D crime under Title 5, section 4659, subsection 1, Title 15, 
section 321, subsection 6 or Title 19-A, section 4011, subsection 1; 
(3) A Class D or Class E crime in chapter 11 or 12; 
(4) A Class D crime under section 210-A; 
(4-A) A Class E crime under section 552; 
(5) A Class D or Class E crime under section 556, section 854, excluding 
subsection 1, paragraph A, subparagraph (1), or section 855; 
(6) A Class D crime in chapter 45 relating to a schedule W drug; or 
II 
(7) A Class D or Class E crime under Title 29-A, section 2411, subsection I-A, 
paragraph B.' 
SUMMARY 
This amendment corrects the probation statutes to delete the reference to whether a 
Class D crime was committed against a victim of sexual assault or stalking. Public Law 
2007, chapter 340 expanded the list of persons eligible to apply for and obtain protection 
from abuse orders beyond family and household members to include dating partners and 
victims of sexual assault or stalking. 
A parallel change was made to the probation 
statutes to authorize probation when a Class D crime is committed against a family or 
household member, a dating partner or a victim of sexual assault or stalking. 
This 
expansion is too broad because it is not always clear who had been a victim of sexual 
assault or stalking when dealing with a subsequent crime. 
Whether the victim and 
perpetrator are family or household members or dating partners is an easy factual 
question to answer; whether the victim was ever a victim of sexual assault or stalking is 
not necessarily as easy to show. The amendment makes clear that probation is available 
for all violations of protection orders that are Class D crimes; therefore, probation will be 
available when the basis for issuing the protection order had been that the petitioner was a 
victim of sexual assault or stalking. 
This amendment also clarifies the statutes under which a defendant has violated a 
protective order to specifically list those statutes. 
FISCAL \OTE RF:QUHED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/26/08 
~ac 
LD 2243 
LR 3524(02) 
An Act To Increase the Number of Mandated Reporters of Abuse, Neglect or Exploitation 
Fiscal Note for Bill as Amended by Committee Amendment "A" 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Any additional costs to the Department of Health and Human Services can be absorbed by the department utilizing 
existing budgeted resources. 
LR3524( 02) - Fiscal Note - Page 1 of 1