An Act To Protect Families and Enhance Public Safety by Making Domestic Violence a Crime
Maine Legislature, Session 123, LD 1627
Committee Amendment CA_A_S276 (Senate)
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

COMMITTEE AMENDMENT ''A " to S.P. 571, L.D. 1627, Bill, "An Act To 
Protect Families and Enhance Public Safety by Making Domestic Violence a Crime" 
Amend the bill by striking out everything after the enacting clause and b(!fore the 
summary and inserting the following: 
'Sec. 1. 17-A MRSA §207-A is enacted to read: 
§207-A. Domestic violence assault 
1. A person is guilty of domestic violence assault if: 
A. The person violates section 207 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 paragraph A and at the time of the offense: 
(1) The person has one or more prior convictions for violating paragraph A or 
for violating section' 209-A, 210-B, 210-C or 21l-A or one or more prior 
convictions for 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 4011, subsection 1 in 
another jurisdiction; or 
(3) Has one or more prior convictions for violating 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. 
2. Section 9-A governs the use of prior convictions when determining a sent<mce. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "Ii " to S.P. 571, L.D. 1627 
Sec. 2. 17-A MRSA §209-A is enacted to read: 
§209-A. Domestic violence criminal threatening 
1. A person is guilty of domestic violence criminal threatening if: 
A. The person violates section 209 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 paragraph A and at the time of the offense: 
(I) The person has one or more prior convictions for violating paragraph A or 
for violating section 207-A, 210-B, 21O-C or 211-A or one or more prior 
convictions for engaging in conduct substantially similar to that contained in 
paragraph A or in section 207-A, 2IO-B, 210-C or 2II-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 I9-A, section 4011, subsection 1 in 
another jurisdiction; or 
(3) Has one or more prior convictions for violating 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 ofthis paragraph is a Class C crime. 
2. Section 9-A governs the use of prior convictions when determining a sentence. 
Sec. 3. 17-A MRSA §210-B is enacted to read: 
§210-B. Domestic violence terrorizing 
I. A person is guilty of domestic violence terrorizing if: 
A. The person violates section 210 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 paragraph A and at the time of the offense: 
(1) The person has one or more prior convictions for violating paragraph A or 
for violating section 207-A, 209-A, 21O-C or 211-A 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. 21O-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 4011, subsection 1 in 
another jurisdiction; or 
(3) Has one or more prior convictions for violating Title 15, section 1026, 
subsection 3, paragraph A, subparagraph (5) or subparagraph (8) when the 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT '/4 "to S.P. 571, L.D. 1627 
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. 
2. Section 9-A governs the use of prior convictions when determining a sentence. 
Sec. 4. 17-A MRSA §210-C is enacted to read: 
§210-C. Domestic violence stalkine: 
1. A person is guilty of domestic violence stalking if: 
A. 
The person violates section 210-A 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 paragraph A and at the time of the offense: 
(I) The person has one or more prior convictions for violating paragraph A or 
for violating section 207-A, 209-A, 210-B or 211-A 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, 21O-B or 211-A in another jurisdiiction; 
(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 <:onduct 
substantially similar to that contained in Title 19-A, section 40 II, subsection I in 
another jurisdiction; or 
(3) Has one or more prior convictions for violating 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. 
2. Section 9-A governs the use of prior convictions when determining a sentence. 
Sec.5. 17-A MRSA §211-A is enacted to read: 
§211-A. Domestic violence reckless conduct 
1. A person is guilty of domestic violence reckless conduct if: 
A. The person violates section 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 paragraph A and at the time of the offense: 
(I) The person has one or more prior convictions for violating paragraph A or 
for violating section 207-A, 209-A, 21O-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. 21 O-B or 21 O-C in another jurisdiction; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A " to S.P. 571, L.D. 1627 
(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 4011, subsection 1 in 
another jurisdiction; or 
(3) Has one or more prior convictions for violating 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. 
2. Section 9-A governs the use of prior convictions when determining a sentence.' 
SUMMARY 
This amendment replaces the bill. It specifies, using unique statutory citations to 
conform to technical drafting standards, each crime: domestic violence assault, domestic 
violence criminal threatening, domestic violence terrorizing, domestic violence stalking 
and domestic violence reckless conduct. As in the bill, each offense is a Class D crime of 
domestic violence that is committed against a person who is a family or household 
member. The amendment also retains an aggravated Class C version of each offense if 
the person: has one or more prior convictions for one of the domestic violence crimes or 
one or more prior convictions for engaging in conduct substantially similar to these 
crimes in another jurisdiction; has one or more prior convictions for violating the Maine 
Revised Statutes, Title 19-A, section 4011, subsection 1 or one or more prior convictions 
for engaging in conduct substantially similar to that contained in Title I9-A, section 
4011, subsection 1 in another jurisdiction; or has one or more prior convictions for 
violating 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. 
FISCAL NOTE REQUIRED 
(See Attached) 
COMMITTEE AMENDMENT 
Approved: 06/06/07 ft;?ac 
LD 1627 
LR 487(02) 
An Act To Protect Families and Enhance Public Safety by Making Domestic Violence a Crime 
Fiscal Note for Bill as Amended by Committee Amendment "A " 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - General Fund 
Increase in county jail costs 
Correctional and Judicial Impact Statements 
This bill establishes new Class C and D crimes of domestic violence. Sentences of more than nine: months imposed 
for Class C crimes must be served in state correctional facilities. The average cost to the state for each sentence is 
$70,308 based on an average length of stay of 1 year, 10 months. Sentences of nine months or less imposed for a 
Class C crime must be served in county jails. The average cost to a county for each sentence is $19,947 based on an 
average length of stay of 6 months and 2 days. Also, Class D sentences must be served in county jails. The Judicial 
Department has indicated that defendants are currently charged under other assault statutes and th(: change in case load 
is expected to minor. 
Fiscal Detail and Notes 
The additional costs to the Department of the Attorney General can be absorbed utilizing existing budgeted resources. 
LR0487(02) - Fiscal Note - Page 1 of 1