An Act To AmCIlci Cri-iul Laws apinn Domestic Violence To Ensure Appropriate ~II ef Prior CODvictions
Maine Legislature, Session 123, LD 1999
Committee: Criminal Justice and Public Safety
Sponsors: EDMONDS
Amends: 17-A MRSA §207-A, 17-A MRSA §209-A, 17-A MRSA §210-B, 17-A MRSA §210-C, 17-A MRSA §211-A

Legislative Document 
No.1'" 
S.P.793 
December IS, 2007 
An Act To AmCIlci Cri-iul Laws apinn Domestic Violence To 
Ensure Appropriate ~II 
ef Prior CODvictions 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Secretary of the Senate on December IS~ 2007. Referred to the Committee 
on Criminal Justice and Public Safety pursuant to Joint Rule 30S.2 and ordered printed. 
Presented by President EDMONDS of Cumberland. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cpsponsored by Representative SIMPSON of Auburn and Senators: BENOIT of Sagadahoc, 
DIAMOND of Cumberland, HOBBINS of York, McCORMICK of Kennebec, 
Representatives: BERRY of Bowdoinham, Speaker CUMMINGS of Portland, FLOOD of 
Winthrop, GERZOFSKY of Brunswick, HASKELL of Portland, PERCY of Phippsburg, 
STRANG BURGESS of Cumberland. 
Printed on recycled paper 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, Public Law 2007, chapter 436 created the crimes of domestic violence 
assault, domestic violence criminal threatening, domestic violence terrorizing, domestic 
violence stalking and domestic violence reckless conduct; and 
Whereas, each of the domestic violence crimes carries an enhanced penalty if 
committed more than once; and 
Whereas, this legislation clarifies that the enhanced penalty applies if the person 
commits a domestic violence crime created in chapter 436 after having been convicted of 
the crime of assault, criminal threatening, terrorizing or reckless conduct against a family 
or household member; and 
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 MRSA §207-A, sub-§l,~, as enacted by PL 2007, c. 436, § 1 and 
affected by § 7, is amended to read: 
B. The person violates paragraph A and at the time of the offense the person: 
2{) 
(1) The ~eFSeR has Has one or more prior convictions for 'r'ielatiRg f)aragra~h A 
er fer vislatiRg seetieR 299 A, 219 8, 21 Q G er 211 A er sfle er mere ~rier 
eeR'r'ietisRs fer eRgagiftg ift SBREf'lst sHBstafltiell:,' similar ts tAat esfttfliReEf iR 
I'aragra~h A sr ift seetjeR lQ9 A; 2198,219 G sr211 AiR MtetAerjYrisaietieft;.;. 
(a) Violating paragraph A; 
(b) Violating section 207, 209, 210, 210-A or 211 when the victim was a 
family or household member as defined in Title 19-A, section 4002, 
subsection 4; 
(c) Violating section 209-A, 21 O-B, 21 O-C or 211-A; or 
(d) Engaging in conduct substantially similar to that contained in paragraph 
A or in section 209-A, 210-B, 210-C or 211-A in another jurisdiction; 
(2) Has one or more prior convictions for violating Title 19-A, section 4011, 
subsection 1 or one or more prior convictions for engaging in conduct 
substantially similar to that contained in Title 19-A, section 40 II, subsection 1 in 
another jurisdiction; or 
(3) Has one or more prior convictions under Title 15, section 1092 for violating 
conditions specified in Title 15, section 1026, subsection 3, paragraph A, 
subparagraph (5) or subparagraph (8) when the alleged victim in the case for 
Page I - 123LR3237(OI)-1 
.. 
. which the defendant was on bail was a family or household member as defined in 
Title 19-A, section 4002, subsection 4. 
Violation of this paragraph is a Class C crime. 
Sec. 2. 17-A MRSA §209-A, sub-§l,~, as enacted by PL 2007, c. 436, §2 and 
affected by § 7. is amended to read: 
B. The person violates paragraph A and at the time of the offense the person: 
( I) Tke persoR has Has one or more prior convictions for vielMiHg paF&~apk A 
or for ... iolatiRg seetioR 2(;)7 A. 210 S, 210 C or 211 A Of eHe or lfteN p"ief 
coRvietiol'ls fof el'lgagiAg iA eeRatlet sl:lestaRtiaily similar to tft&t eentaiRes il'l 
paragmph A Of iR seetioR 2(;)7 A, 21Q 8,210 Cor 211 A iR 1ift0thefjl:lrisElietiOA~~ 
Ca) Violating paragraph A; 
Cb) Violating section 207, 209, 210, 210-A or 211 when the victim was a 
family or household member as defined in Title 19-A. section 4002, 
subsection 4; 
Cc) Violating section 207-A, 210-B, 210-C or 211-A; or 
Cd) Engaging in conduct substantially similar to that contained in paragraph 
A or in section 207-A, 21 O-B, 21 O-C or 211-A in another jurisdiction; 
(2) Has one or more prior convictions for violating Title 19-A, section 40 11, 
subsection 1 or one or more prior convictions for engaging in conduct 
substantially similar to that contained in Title 19-A, section 4011, subsection I in 
another jurisdiction; or 
(3) Has one or more prior convictions under Title 15, section 1092 for violating 
conditions specified in Title 15, section 1026, subsection 3, paragraph A, 
subparagraph (5) or subparagraph (8) when the alleged victim in the case for 
which the defendant was on bail was a family or household member as defined in 
Title 19-A, section 4002, subsection 4. 
Violation of this paragraph is a Class C crime. 
Sec. 3. 17-A MRSA §210-B, sub-§l,~, as enacted by PL 2007, c. 436, §3 and 
affected by §7, is amended to read: 
8. The person violates paragraph A and at the time of the offense the person: 
( I) The perSOR has Has one or more prior convictions for "'iolatiHg paf&gfliph A 
or for violatiRg seatioR 207 A, 209 A, 210 C Of 211 A or ORe or IftON priOf 
con"'ietions for engaging in eonsl:let sl:lestaHtiaily similar to thM eOAtaiAes in 
paragraph A Of iR seatioR 207 A, 209 A, 21 (;) C Of 211 A in ano~hefjl:lrisElietioA;~ 
Ca) Violating paragraph A; 
Cb) Violating section 207, 209, 210, 21()"A or 211 when the victim was a 
family or household member as defined in Title 19-A, section 4002, 
subsection 4; 
Cc) Violating section 207-A, 209-A, 210-C or 211-A; or 
I 
(d) Engaging in conduct substantially similar to that contained in paragraph 
A or in section 207-A, 209-A, 21 O-C or 211-A in another jurisdiction; 
(2) Has one or more prior convictions for violating Title 19-A, section 40 II, 
subsection I or one or more - prior convictions for engaging in conduct 
substantially similar to that contained in Title 19-A, section 4fl ll, subsection I in 
another jurisdiction; or 
(3) Has one or more prior convictions under Title IS, section 1092 for violating 
conditions specified in Title IS, section 1026, subsection 3, paragraph A, 
subparagraph (5) or subparagraph (8) when the alleged victim in the case for 
which the defendant was on bail was a family or household member as defined in 
Title 19-A, section 4002, subsection 4. 
Violation ofthis paragraph is a Class C crime. 
Sec. 4. 17-A MRSA §210-C, sub-§l, ~, as enacted by PL 2007, c. 436, §4 and 
affected by §7, is amended to read: 
B. The perSonn violates paragraph A and at the time of the offense the person: 
(I) The perSOR has Has one or more prior convictions for ¥ielai:l1g paragraph A 
or for 't'iolatiRg seetioR 207 A, 209 A, 210 B or 211 A or ORe or more prior 
eORvietioRs for eRgagiRg iA eOAdl:let sl:IBstaRtially similar to that eORtaiAed iR 
f'aragraph A or iR seetioA 207 A, 209 A, 210 B or 211 A iR aRotherjl:lrisdietioR;: 
(a) Violating paragraph A; 
(b) Violating section 207, 209, 210, 21 O-A or 211 when the victim was a 
family or household member as defined in Title 19-A, section 4002, 
subsection 4; 
( c) Violating section 207 -A, 209-A, 210-8 or 2II-A; or 
(d) Engaging in conduct substantially similar to that contained in paragraph 
A or in section 207-A, 209-A, 210-8 or 2I1-A in another jurisdiction; 
(2) Has one or more prior convictions for violating Title I9-A, section 4011, 
subsection I or one or more prior convictions for engaging in conduct 
substantially similar to that contained in Title 19-A, section 4011, subsection 1 in 
another jurisdiction; or 
(3) Has one OT more prior convictions under Title 15, section 1092 for violating 
conditions specified in Title 15, section 1026, subsection 3, paragraph A, 
subparagraph (5) or subparagraph (8) when the alleged victim in the case for 
which the defendant was on bail was a family or household member as defined in 
Title I9-A, section 4002~ subsection 4. 
Violation of this paragraph is a Class C crime. 
Sec. 5. 17-A MRSA §211-A, sub-§l, ~, as enacted by PL 2007, c. 436, §5 and 
affected by §7, is amended to read: 
B. The person violates paragraph A and at the time of the offense the person: 
II 
( 1) The person has Has one or more prior convictions for violating paragraph A 
or for violating section 207 A, 2Q9 A, 210 B or 210 C or one or more prior 
convictions for engaging in conduct substantially similar to that contained in 
paragraph A or in section 207 A, 209 A, 210 B or 210 C in another jurisdiction;~ 
(a) Violating paragraph A; 
(b) Violating section 207, 209, 210, 21O-A or 2It when the victim was a 
family or household member as defined in Title 19-A, section 4002, 
subsection 4; 
(c) Violating section 207-A, 209-A, 21 O-B or 21 O-C; or 
(d) Engaging in conduct substantially similar to that contained in paragraph 
II 
A or in section 207-A, 209-A, 21 O-B or 21 O-C in another jurisdiction; 
(2) Has one or more prior convictions for violating Title I9-A, section 4011, 
subsection I or one or more prior convictions for engaging in conduct 
substantially similar to that contained in Title 19-A, section 4011, subsection 1 in 
another jurisdiction; or 
(3) Has one or more prior convictions under Title 15, section 1092 for violating 
conditions specified in Title 15, section 1026, subsection 3, paragraph A, 
subparagraph (5) or subparagraph (8) when the alleged victim in the case for 
which the defendant was on bail was a family or household member as defined in 
Title 19-A, section 4002, subsection 4. 
Violation of this paragraph is a Class C crime. 
Emergency clause. 
In view of the emergency cited 10 the preamble, this 
legislation takes effect when approved. 
SUMMARY 
Public Law 2007, chapter 436 created the crimes of domestic violence assault, 
domestic violence criminal threatening, domestic violence terrorizing, domestic violence 
stalking and domestic violence reckless conduct. A violation of one of these domestic 
violence crimes is a Class D crime. 
A person who commits one of these domestic 
violence crimes more than once is guilty of a Class C crime. 
This bill clarifies that the enhanced penalty also applies if the person commits a 
1 
domestic violence crime after being convicted of the crime of assault, criminal 
threatening, terrorizing or reckless conduct against a family or household member.