An Act To Protect Families and Enhance Public Safety by Making Domestic Violence a Crime
Maine Legislature, Session 123, LD 1627
Committee: Criminal Justice and Public Safety
Sponsors: EDMONDS, SIMPSON, BARTLETT, BENOIT, COURTNEY, DAMON, DOW, GOOLEY, MAR TIN, MITCHELL, ROTUNDO, STRIMLING, ADAMS, ANNIS, AYOTTE, BABBIDGE, BEAUDOIN, BERRY, BLANCHARD, BLANCHETTE, BLISS, BOLAND, CAIN, CANAVAN, CASAVANT, CHASE, CLEARY, CONNOR, CONOVER, CRAVEN, CROCKETT, CUMMINGS, CURTIS, DILL, EATON, EDGECOMB, FAIRCLOTH, FINLEY, FLETCHER, GERZOFSKY, GOULD, GROSE, HARLOW, HILL, HINCK, HOGAN, JACKSON, LUNDEEN, MAKAS, MAREAN, MILLER, MIRAMANT, MOORE, MUSE, NORTON, PATRICK, PEOPLES, PERCY, PERRY, PINGREE, PRA TT, RAND, RICHARDSON, RINES, ROSEN, SA VIELLO, SCHATZ, SILSBY, SIROIS, SMITH, SUTHERLAND, SYKES, TARDY, THIBODEAU, TREAT, TRINWARD, VALENTINO, WALCOTT, WEBSTER, WEDDELL, WHEELER
Amends: 17-A MRSA §214

Legislative Document 
No. 1627 
S.P.571 
March 21, 2007 
An Act To Protect Families and Enhance Public Safety by Making 
Domestic Violence a Crime 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by President EDMONDS of Cumberland. 
JOY 1. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representative SIMPSON of Auburn and Senators: BARTLETT of Cumberland, BENOIT 
of Sag ada hoc, COURTNEY of York, DAMON of Hancock, DOW of Lincoln, GOOLEY of Franklin, 
MAR TIN of Aroostook, McCORMICK of Kennebec, MITCHELL of Kennebec, ROTUNDO of 
Androscoggin, STRIMLING of Cumberland, Representatives: ADAMS of Portland, ANNIS of Dover-
Foxcroft, AYOTTE of Caswell, BABBIDGE of Kennebunk, BEAUDOIN of Biddeford, BERRY of 
Bowdoinham, BLANCHARD of Old Town, BLANCHETTE of Bangor, BLISS of South Portland, 
BOLAND of Sanford, CAIN of Orono, CANAVAN of Waterville, CASAVANT of Biddeford, CHASE of 
Wells, CLEARY of Houlton, CONNOR of Kennebunk, CONOVER of Oakland, CRAVEN of Lewiston, 
CRA Y of Palmyra, CROCKETT of Augusta, Speaker CUMMINGS of Portland, CURTIS of Madison, DILL 
of Cape Elizabeth, EATON of Sullivan, EDGECOMB of Caribou, FAIRCLOTH of Bangor, FINLEY of 
Skowhegan, FLETCHER of Winslow, GERZOFSKY of Brunswick, GOULD of South Berwick, GROSE of 
Woolwich, HARLOW of Portland, HILL of York, HINCK of Portland, HOGAN of Old Orchard Beach, 
JACKSON of Allagash, LUNDEEN of Mars Hill, MacDONALD of Boothbay, MAKAS of Lewiston, 
MAREAN of Hollis, McDONOUGH of Scarborough, McFADDEN of Dennysville, MILLER of Somerville, 
MIRAMANT of Camden, MOORE of Standish, MUSE of Fryeburg, NORTON of Bangor, PATRICK of 
Rumford, PEOPLES of Westbrook, PERCY of Phippsburg, PERRY of Calais, PINGREE of North Haven, 
PRA TT of Eddington. PRIEST of Brunswick, RAND of Portland, RICHARDSON of Carmel, 
RICHARDSON of Greenville, RICHARDSON of Warren, RINES of Wiscasset, ROSEN of Bucksport, 
SA V AGE of Falmouth, SA VIELLO of Wilton, SCHATZ of Blue Hill, SILSBY of Augusta, SIROIS of 
Turner, SMITH of Monmouth, SUTHERLAND of Chapman, SYKES of Harrison, TARDY of Newport, 
THIBODEAU of Winterport, TREAT of Farmingdale, TRINWARD of Waterville, VALENTINO of Saco, 
WALCOTT of Lewiston, WEBSTER of Freeport, WEDDELL of Frankfort, WHEELER of Kittery. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 17-A MRSA §214 is enacted to read: 
§214. Domestic violence 
1. A person is guilty of domestic violence if: 
A. The person violates section 207, 209, 210, 210-A or 211 and the victim is a 
family or household member as defined in Title 19-A, section 4002, subsection 4. 
Violation of this paragraph is a Class D crime; or 
B. The person violates subsection I and, at the time of the offense, if: 
(l) The person has one or more prior convictions or for engaging in substantially 
similar conduct in another jurisdiction, where the victim was a family or 
II 
household member as defined in Title 19-A, section 4002, subsection 4. 
(2) Has one or more prior convictions for a violation under title 19-A, section 
II, subsection I or for engaging in substantialIy similar conduct in another 
jurisdiction; 
IS 
(3) 
Has one or more prior convictions for violating Title IS, section 1026, 
subsection 3, paragraph A, subparagraph (5) or subparagraph (8); or 
(4) Has been a defendant against whom a qualifying protective order has been 
issued within the past 3 years. for the purposes of this paragraph, a "qualifying 
protective order" means an order issued in the State or another jurisdiction after a 
full hearing on the merits at which both parties were present and that contains a 
finding that the defendant abused another person or presents a credible threat to 
the safety of another person or a minor child. This provision applies regardless 
of the status of the protective order at the time ofthe offense. 
A violation under this paragraph is a Class C crime. 
2. Section 9-A governs the use of prior convictions when determining a sentence. 
SUMMARY 
This bill creates the Class D crime of domestic violence that includes certain criminal 
offenses against a person who is a family or household member and an elevated category 
that is a Class C crime if the person has certain past convictions ofa qualifying protection 
order issued against the person.