An Act To Implement the Recommendations ofthe Working Group Concerning Domestic Violence and Firearms
Maine Legislature, Session 124, LD 1817
Committee: Crimimi
Amends: 15 MRSA §1026, 17-A MRSA §15, 19-A MRSA §4012, 25 MRSA §2803-B

MAINE STATE LEGISLATURE 
The following document is provided by the 
LAW AND LEGISLATIVE DIGITAL LIBRARY 
at the Maine State Law and Legislative Reference Library 
http://legislature.maine.gov/lawlib 
Reproduced from scanned originals with text recognition applied 
(searchable text may contain some errors and/or omissions) 
n 
~. 
II 
( 
f' 
I' 
) 
-----/ 
124th MAl ELEGISLATURE 
Legislative Document 
No. UH7 
S.P.725 
In Senate, March 11, 201 
An Act To Implement the Recommendations ofthe Working Group 
Concerning Domestic Violence and Firearms 
Reported by Senator GERZOFSKY of Cumberland for the Joint Standing Committee on 
Criminal Justice and Public Safety pursuant to Resolve 2009, chapter 86. 
. 
Reference to the Committee on Crimimi.l Justice and Public Safety suggested and ordered 
. 
. .  
printed pursuant to Joint Rule 218. 
Printc~ on recycled pnpcr 
~[J{J~ 
JOY 1. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People ofthe State of Maine as follows: 
Sec. 1. 15 MRS A §1023,sub-§4-A is enacted to read: 
.. A. 
Firearms; bail condition· upon arrest for certain 'crimes of domestic 
violence.' If a law enforcement officer has seized firearms pursuant to chapter lOS-A, 
subchapter 2; Title 17-A, section 15, subsection 1, paragraph A, subparagraphs (1), (5-A) 
or (5-B); or Title 19-A, section 4012, subsection 5, the bail commissioner shall require, as 
a condition of bail, that all firearms· in the possession of the person arrested be 
relinquished to a law enforcement officer and that the, person refrain from possessing a 
firearm or other specified dangerous weapons unti I fllliher order of a COlllt. Upon. request 
of the defendant, a bail condition imposed pursuant to this subsection must be heard by 
the court as expeditiously as possible. , 
Sec. 2. 15 MRSA §1026, sub-§3, ,A, as repealed and replaced, by PL 2007, c. 
518, §3, is amended to read: 
. 
A. 
If, after consideration of the factors listed in subsection 4, the judicial officer 
determines that the release described In subsection 2-A will not reasonably ensure the 
appearance of the defendant at the time and place required, will not reasonably ensure 
that the defendant will refrain from any new criminal conduct, will not reasonably 
ensure the integrity of the judicial process or will not reasonably ensure the safety of 
others in the community, the judicial officer shall order the pretrial release of the 
defendant subject to the least restrictive further condition or combination of. 
conditions that the judicial officer determines wili reasonably ensure the appearance 
of the defendant at the time and place required, will reasonably ensure that the 
defendant will refrain from any new criminal conduct, will reasonably ensure the 
integrity of the judicial process and will reasonably ensure the safety of others in the 
community. These conditions may include that the defendant: 
. 
(1) Remain ih the custody of a designated person or organization agreeing to 
supervise the defendant, including a public official, public agency or publicly 
funded organization, if the designated person or organization is able to 
reasonably ensure the appearance of the defendant at the time and place required, 
that the defendant will refrain from any new criminal conduct, the integrity of the 
judicial process and the safety of others in the community. When it is feasible to 
do so, the judicial officer shall impose the responsibility upon the defendant to 
produce the designated person or organization. 
The judicial officer may 
interview the designated person or organization: to ensure. satisfaction ofiboth, the 
willingness and ability required.' The designated: person. or organization: shall 
agree to notify immediately the judicial officer of any violation of release 'by the 
defendant; 
(2) Maintain employment or, if unemployed, actively seek employment; 
(3) Maintain or commence an educational program; 
(4) Abide by specified restrictions on personal: associations, place of abode or 
travel; 
Page I - 12:4LR2.6J3(0l)-t 
) 
) 
) 
n 
_13 
·26 
I 
I 
(5) Avoid all contact with a victim of the alleged crime,a potential witness 
regarding the alleged crime or with any other family or household members of· 
the victim or the defendant or to contact those individuals only at certain times or 
under certaiJi conditions; 
(6) Report on a regular basis to a designated law enforcement agency or other 
governmental agency; 
. 
(7) Comply with a specified curfew; 
(8) 
Refrain from possessing a firearm and relinquish all firearms or other 
dangerous 'Neapen weapons as specified· in section 1023, subsection 4-A; 
(9) Refrain from use or excessive use of alcohol arid from any use of drugs; 
(10) Undergo, as an outpatient, available medical or psychiatric treatment, or 
enter and remain, as a voluntary patient, in a specified institution when required 
for that purpose; 
(lO-A) Enter and remain in a long-term residential facility for the treatment of 
substance abuse; 
(11) 
Execute an agreement to forfeit,· in the event of noncompliance, such 
designated property, including money, as is reasonably necessary to ensure the 
appearance of the defendant at the time and place required, to ensure that the 
defendant will refrain from any new criminal conduct, to ensure th.e integrity of 
the judicial process and to ensure the safety of others in the community and post 
with an appropriate COllli such evidence of ownership of the propeliy or such 
percentage of the money asthejudicial officer specifies; 
(12) Execute a bail bond with sureties in such amount as is reasonably necessary 
to ensure the appearance of the defendant at the time and place required, to 
ensure that the defendant will refrain from any new criminal conduct, to ensure 
the iritegrity of the judicial process and to ensure the safety of others in t.he 
community; 
(lJ) Return to custody for specified hours following release for employment, 
schooling or other limited purposes; 
(14) RepOIi on a regular basis to the defendant's attorney; 
(15) Notify the court of any changes of address or employment; 
(16) 
Provide to the COllli the name, address and telephone number of a 
designated person or organization that will know the defendant's whereabouts at 
all times; 
(17) Infoi·m any law enforcement officer of the defendant's condition of release 
if the defendant is subsequently a·rrested or summonsed for new criminal 
conduct; and 
(18) 
Satisfy any other condition that is reasonably necessary to ensure the 
appearan~ce of the defendant at the time and place required, to ensure that the 
defendant will refrain from any new criminal conduct, to ensure the integrity of 
the judicial process and to ensure the safety of others in the community. 
Sec. 3. 17-A MRSA §15, sub-§l, GffA, as amended by PL 2009, c. 142, §3, is 
further amended to read: 
A. Any person who the officer has probable cause to believe has committed or is 
committing: 
(1) 
Murder~. A law enforcement officer who arrests a person pursuant to this 
subparagraph shall seize all firearms in the person's possession. A p'erson subject 
to firearm seizure pursuant to this subparagraph is subject to a bail condition as 
specified in Title 15, section 1023, subsection 4-A; 
(2) Any Class A, Class B or Class C crime; 
(3) Assault while hj.mting; 
(4) Any offense defined in chapter 45; 
(5) Assault, criminal threatening, terrorizing or stalking, if the officer reasonably 
believes that the person may cause injury to others unless immediately arrested; 
(5-A) 
Assault, criminal threatening, terrorizing, stalking, criminal mischief, 
obstructing the report of a crime or injury or reckless conpuct if the officer 
reasonably believes that the person and the victim are family or household 
members, as defined in Title 19-A, section 4002, subsection 
4~. 
A law 
enforcement officer who arrests a person pursuant to this subparagraph shall 
seize all firearms in the person's possession. A person subject to firearm seizure 
pursuant to this subparagraph is subject to a bail condition as specified in Title 
15, section 1023, subsection 4-A; 
(5-B) 
Domestic violence assault, domestic violence criminal threatening, 
domestic violence terrorizing, domestic violence stalking or domestic violence 
reckless conduct~. A law enforcement officer who arrests a person pursuant to 
this subparagraph shall seize all firearms in the person's possession. A person 
subject to firearm seizure pursuant to this subparagraph is subject to a bail 
condition as specified in Title 15, section 1023, subsection 4-A; 
(6) Theft as defined in section 357, ~hen the value of the services is $1,000 or 
less if the officer reasonably believes that the person will not be apprehended 
unless immediately arrested; 
(7) 
Forgery, if the officer reasonably believes that the person will not be 
apprehended unless immediately arrested;. 
(8) Negotiating a worthless. instrument if the. officer. reasonably believ,es· that the. 
person will not be apprehended unless:immedrately;arrestedt: 
" 
(9) A violation of a condition of probation: when. requested: by a, probati0D: offiee'p 
or juvenile-community corrections ofHcer;. 
-( 1 OJ Viol'atioAi of a condition of release. in violation of Titre 15, section 1026, 
subsection 3; Title 15, section l02T,. subsection 3; Title IS, section 1051, 
subsection 2; and Title 15, secti0n 1092;: 
(11) Theft involving a detenti0D! undell' lYitle., 17',. sectiiilf:li 3521;: 
) 
) 
) 
n 
, 23 
.~ 
(12) Harassment, as set forth in section 506-A; 
(13) 
Violation of a protection order, as specified in Title 5, se<;:tion 4659, 
subsection 2; Title 15, section 321, subsection 6; former Title 19, section 769, 
subsection 2; former Title 19, section 770, subsection 5; Title 19-A, section 4011, 
subsection 3; and Title 19-A, section 4012, subsection 5; 
(14) 
A violation of a sex offender registration provision under Title 34-A, 
chapter 15; 
(15) A violation of arequirement of administrative release when requested by the 
attorney for the State; 
(16) A violation of a condition of supervised release for sex offenders when 
requested by a probation officer; 
(17) A violation of a court-imposed deferment requirement of 'a deferred 
disposition when requested by the attorney for the State; 
(18) 
A violation of a condition of release as provided in Title 15, section 
3203-A, subsection 9; 
(19) A violation of a condition of supervised community confinement granted 
pursuant to Title 34-A, section 3036-A when requested by a probation officer; 
(20) A violation of a condition of placement on' community reintegration status 
granted pursuant to Title 34-A, sections 3810 and 4112 when requested by a 
juvenile community corrections officer; or 
(21) 
A violation of a condition of furlough or other rehabilitative program 
authorized under Title 34-A, section 3035 when requested by a probation officer 
or juvenile community corrections officer; and , 
Sec. 4. 19-A MRSA §4012, sub-§5, as enacted by PL 1995, c. 694, Pt. B, §2 and 
affected by Pt. E, §2, is amended to read: 
' 
5. Arrest in certain situations. When a law enforcement officer has probable cause 
to believe that there has been a criminal violation under section 4011 of a court-approved 
consent agreement or a protection order issued pursuant to this chapter or Title 15, 
chapter 12-A, or that a violation of Title 17-A, section 208 has occurred between 
members of the same family or household, that enforcement officer shall arrest and take 
into custody the alleged offender. 
A law enforcement officer who arrests a person 
pursuant to this subsection shall seize all firearms in the person's possession. A person 
subject to firearm seizure pursuant to this subsection is subject to a bail condition as 
specified in Title 15, section 1023, subsection 4-A. 
Sec. 5. 25 MRSA §2803-B, sub-§l,~, as amended by PL 2003, c. 361, §1, is 
further' amended to read: 
D. Domestic violence, which must include, at a minimum, the following: 
(1 ) A process to ensure that a victim receives notification of the defendant's 
release from jail; 
(2) A pr.ocess for the collection of information regarding the defendant that 
includes the defendant's previous history, the parties' relationship, the name of the 
victim and a process to relay this information to a: bail commissioner before a bail 
determination is made; a-nd 
(3) A process for the safe retrieval of personal property belonging to the victim 
or the defendant that includes identification of a possible neutral location for 
< retrieval, the presence of at least one law enforcement officer during the retrieval 
and giving the victim the option of at least 24 hours notice to each party prior to 
the retrieval; and 
' 
10· 
(4) A process for the seizure of firearms and safe storage of firearms seized by a 
law enforcement officer in a domestic violence arrest; 
Sec. 6. 25 MRSA §2803-B, sub-§2, as amended by PL 2009, c. -336,§ 18 and c. 
451, §4, is repealed andthe following enacted in its place: 
' 
19. 
2. Minimum policy standards. The board shall establish minimum standards for 
each law enforcement policy no later than June 1, 1995, except that policies for expanded 
requirements for domestic violence under subsection 1, paragraph D, subparagraphs (1) 
to (3) must be established no later than January 1, 2003; policies for death investigations 
under subsection 1, paragraph I must be established no later than January 1, 2004; 
policies for public notification regarding persons in the community required to register 
under Title 34-A, chapter 15 under subsection 1, paragraph J must be established no later 
than January 1,2006; policies for the recording and preservation of interviews of suspects 
in serious crimes under subsection 1, paragraph K must be established no later than 
January 1, 2005; policies for the expanded use of physical force; including the use of 
electronic weapons and less-than-Iethal munitions under subsection 1, paragraph A, must 
be established no later than January 1, 2010; policies for mental illness and the process 
for involuntary commitment under subsectiori 1, paragraph L must be established no later 
than January 1, 2010; and policies for expanded requirements for domestic violence 
under subsection 1, paragraph D, subparagraph (4) for the seizure of fireanns and safe 
. storage of firearms seized by a law enforcement officer in a domestic violence arrest must 
be establ ished no later than January 1, 2011. 
. 
Sec. 7. 25 MRSA §2803-B, sub-§3, as amended by PL 2009, c. 336, § 18 and c. 
451, §5, is repealed and the following enacted in its place:' 
3; Agency compliance. The chief administrative officer of each law enforcement 
agency shall certify to the board no later than JanualY 1, 1996 that the agency has adopted 
written policies consistent with the minimum standards established by the board pursuant 
to subsection 2, except that certification to the board for expanded policies for domestic 
violence under subsection 1, paragraph D, subparagraphs (1) to (3) must be made to the 
board no. later than June 1, 2003; certificatiOli to the board for adoptioil of a death 
investigation policy under subsection 1, paragraph I must be Imide to the board no later 
than June 1, 2004; certification to the board for adoption of a public notification policy 
under subsection 1, paragraph J must be made to the board no later than June 1, 2006; 
certification to the board for adoption of a policy for the recording and preservation of 
interviews of suspects in serious crimes undel' subsection 1, paragraph K must be made to 
~ ..-.~-~~.~ 
) 
'\ 
j 
) 
f'\ 
( 
I 
,~. 
J 
the board no later than June 1, 2005; certification to the board for adoption of an 
expanded use of physical force policy under subsection 1, paragraph A must be made to 
the board no later than June 1, 2010; and certification to the board for adoption of a 
policy regarding mental illness and the process for involuntary commitment under 
subsection 1, paragraph L must be made to the board no later than June 1, 2010. The 
celtification must· be accompanied by copies of the agency policies. The chief 
adniinistrative officer of each agency shall celtify to the board no later than June 1, 1996 
that the agency has provided orientation and training for its members with respect to' the 
poliCies, except that celtification for orientation. and training with respect to expanded 
policies for domestic violence under subsection l, paragraph D, subparagraphs (1) and .(3) 
must be made to the board no later than January 1, 2004; certification for orientation and 
training with respect to policies regarding death investigations under subsection 1,. 
paragraph I must be made to the board no later than January 1, 2005; certification for 
orientation and training with respect to policies regarding public notification und~r, 
subsection 1, paragraph J must be made to the board no later than January 1, 2007; 
certification for orientation and training with respect to policies regarding the recording 
and preservation of interviews of suspects in serious crimes under subsection 1, 
paragraph K must be made to the board no later than January 1, 2006; certification for 
orientation and training with respect to policies regarding expanded use of physical force 
under subsection 1, paragraph A must be made to the board no later than January 1, 2011; 
certification for orientation and training with respect to policies regarding mental illness 
and the process for involuntary commitment under subsection l, paragraph L must be 
made to the board no later than January 1, 2011; and certificati'on to the board for 
expanded policies for domestic violence under subsection 1, paragraph D, subparagraph 
(4) for the seizure of firearms and safe storage of firearms seized by a law enforcement-
officer in a domestic violence arrest must be made to the board no later than June 1, 2011. 
SUMMARY 
This bill implements the recommendations of the working group concerning domestic 
. violence and firearms established under Resol"e 2009, chapter 86. 
. Specifically; the bill authorizes a law enforcement officer to seize firearms from a 
person upon arrest for certain crimes ·of domestic violence, including: murder; assault, 
criminal threatening, terrorizing, stalking, criminal mischief, obstructing the report of a 
crime or injury or reckless conduct if the officer reasonably believes that the person and 
the victim are family or household members; . domestic violence assault, domestic 
violence criminal threatening, domestic violence terrorizing, domestic violence stalking 
or domestic violence reckless conduct; violating a court-ordered consent agreement or 
protection from abuse order or aggravated assault on a family or household member. A 
person subject to firearm seizure pursuant to this authority is subject to a new bail. 
condition established in the Maine Revised Statutes, Title 15, section 1023, subsection 
4-A. The new provision requires, as a condition of bail, that all firearms in the possession 
of the person arrested be relinquished to a law enforcement officer and that the person 
refrain from possessing a firearm or other specified dangerous weapons until further order 
of a COUIt. Upon request of the defendant, such a bail' condition must be heard by the 
court as expeditiously as possible. 
The bill also amends Title 25, section 2803-B to expand policies for domestic 
violence by specifying that all law enforcement agencies adopt a written policy for the 
seizure of firearms and safe storage of firearms seized by a law enforcement officer· in a 
domestic violence arrest. 
-) 
) 
)