An Act To Protect Victims of Domestic Violence
Maine Legislature, Session 125, LD 1867
Committee Amendment CA_A_H907 (House)
Amends: 15 MRSA §1023, 15 MRSA §1097, 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, 19-A MRSA §4002, 25 MRSA §2803-B

COMMITTEE AMENDMENT "A" to H.P. 1381, L.D. 1867, Bill, "An Act To 
Protect Victims of Domestic Violence" 
Amend the bill in Part A by striking out all of sections 1 to 5 and inserting the 
following: 
'Sec. A-I. 15 MRSA §1023, sub-§4, ~-1 is enacted to read: 
B-1. Set preconviction bail for a defendant alleged to have committed any of the 
following offenses against a family or household member as defined in Title 19-A, 
section 4002, subsection 4: 
(1) A violation of a protection from abuse order provision set forth in Title 19-A, 
section 4006, subsection 5, paragraph A, B, C, D, E or F or Title 19-A, section 
4007, subsection 1, paragraph A, A-I. A-2, B, C, D, E or G; 
(2) Any Class A, B or C crime under Title 17-A, chapter 9; 
(3) Any Class A, B or C sexual assault offense under Title 17-A, chapter 11; 
(4) Kidnapping under Title 17-A, section 301; 
(5) Criminal restraint under Title 17 -A, section 302, subsection 1, paragraph A, 
subparagraph (4) or Title 17-A, section 302, subsection 1. paragraph B, 
subparagraph (2); 
(6) Domestic violence stalking that is a Class C crime under Title 17-A, section 
210-C, subsection 1, paragraph B; 
(7) Domestic violence criminal threatening that is a Class C crime under Title 
17-A, section 209-A, subsection 1, paragraph B or domestic violence criminal 
threatening that is elevated to a Class C crime by the use of a dangerous weapon 
under Title 17-A, section 1252, subsection 4; 
(8) Domestic violence terrorizing that is a Class C crime under Title 17 -A, 
section 21O-B, subsection 1. paragraph B or domestic violence terrorizing that is 
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I 
elevated to a Class C crime by the use of a dangerous weapon under Title 17 -A, 
section 1252, subsection 4; or 
(9) Domestic violence reckless conduct that is a Class C crime under Title 17 -A, 
section 21 I-A, subsection I, paragraph B or domestic violence reckless conduct 
that is elevated to a Class C crime by the use of a dangerous weapon under Title 
17-A, section 1252, subsection 4; 
Sec. A-2. 15 MRSA §1023, sub-§4, ,C, as amended by PL 2011, c. 341, §2, is 
further amended to read: 
C. In a case involving domestic violence, set preconviction bail for a defendant 
before making a good faith effort to obtain from the arresting officer, the responsible 
prosecutorial office, a jail employee or other law enforcement officer: 
(1) A brief history of the alleged abuser; 
(2) The relationship of the parties; 
(3) The name, address, phone number and date of birth of the victim; afHl 
(4) Existing conditions of protection from abuse orders, conditions of bail and 
conditions of probation; and 
(5) Information about the severity of the alleged offense;' 
Amend the bill in Part A in section 6 in subsection 2 in the 11 th line (page 2, line 18 
in L.D.) by striking out the following: 
"a crime involving domestic violence" and 
inserting the following: 'an offense specified in section 1023, subsection 4, paragraph 
B-1' 
Amend the bill in Part A in section 6 in subsection 2 in the 13th line (page 2, line 20 
in L.D.) by striking out the following: "written findings" and inserting the following: 
'findings on the record' 
Amend the bill in Part A by striking out all of section 7 and inserting the following: 
'Sec. A-7. 15 MRSA §1097, sub-§2-A is enacted to read: 
2-A. Crimes involving domestic violence. If the underlying crime is an offense 
specified in section 1023, subsection 4, paragraph B-1 and the new conduct found by the 
court pursuant to section 1096 involves new allegations of domestic violence or contact 
with a victim or witness in the underlying case, the judge or justice shall issue an order 
denying bail, unless the judge or justice makes the findings on the record required by both 
subsections 1 and 2. The judge or justice shall issue an order denying bail if there has 
been a previous revocation of pre conviction bail pursuant to section 1096.' 
Amend the bill in Part B by inserting before section 1 the following: 
'Sec. B-1. 17-A MRSA §207-A, sub-§I, ,B, 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: 
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COMMITTEE AMENDMENT "A "to H.P. 1381, L.D. 1867 
(1) The persoH has Has one or more prior convictions for violating paragraph A 
or for violating section 209-A, 210-B, 210-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 209-A, 21O-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 1092, 
subsection 1, paragraph B when the condition of release violated is specified in 
Title 15, section 1026, subsection 3, paragraph A, subparagraph (5) or 
sooparagraph (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.' 
Amend the bill in Part B by inserting after section 1 the following: 
'Sec. B-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: 
(1) The perSOH has 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, 210-B, 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 1092, 
subsection 1, paragraph B when the condition of release violated is 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. B-3. 17-A MRSA §210-B, sub-§l, ,B, as enacted by PL 2007, c. 436, §3 
and affected by §7, is amended to read: 
B. The person violates paragraph A and at the time of the offense: 
(1) The persoH has 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 
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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 1092, 
subsection 1, paragraph B when the condition of release violated is specified in 
Title 15, section 1026, subsection 3, paragraph A, subparagraph (5) or 
sooparagraph (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. B-4. 17-A MRSA §210-C, sub-§l,,s, as enacted by PL 2007, c. 436, §4 
and affected by § 7, is amended to read: 
B. The person violates paragraph A and at the time of the offense: 
(1) The persoR has 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, 210-B 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 1092, 
subsection 1, paragraph B when the condition of release violated is 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. B-S. 17-A MRSA §211-A, sub-§l, ,s, 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: 
(1) The perSOR has Has one or more prior convictions for violating paragraph A 
or for violating section 207-A, 209-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; 
(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 
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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 1092, 
subsection 1, paragraph B when the condition of release violated is specified in 
Title 15, section 1026, subsection 3, paragraph A, subparagraph (5) or 
s1:lbparagraflR (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.' 
Amend the bill in Part B in section 2 in paragraph A-I by striking out all of 
subparagraph (10) (page 3, lines 33 to 35 in L.D.) and inserting the following: 
'(10) A Class E crime under Title 15, section 1092, subsection 1, paragraph A, if 
the condition of release violated is specified in Title 15, section 1026, subsection 
3, paragraph A, subparagraph (5) or (8) and the underlying crime involved 
domestic violence.' 
Amend the bill in Part C by striking out all of section 1 and inserting the following: 
'Sec. C-l. 19-A MRSA §4002, sub-§4, as amended by PL 2007, c. 518, §8, is 
further amended to read: 
4. Family or household members. "Family or household members" means spouses 
or domestic partners or former spouses or former domestic partners, individuals presently 
or formerly living together as spouses, natural parents of the same child, adult household 
members related by consanguinity or affinity or minor children of a household member 
when the defendant is an adult household member and, for the purposes of Title 15, 
section 1023, subsection 4, paragraph B-l, this chapter and Title 17-A, sections 15, 
207-A, 209-A, 210-B, 210-C, 211-A, 1201, 1202 and 1253 only, includes individuals 
presently or formerly living together and individuals who are or were sexual partners. 
Holding oneself out to be a spouse is not necessary to constitute "living as spouses." For 
purposes of this subsection, "domestic partners" means 2 unmarried adults who are 
domiciled together under long-term arrangements that evidence a commitment to remain 
responsible indefinitely for each other's welfare.' 
Amend the bill by inserting after Part C the following: 
'PARTD 
Sec. D-l. 25 MRSA §2803-B, sub-§l, ~, as amended by PL 2011, c. 265, §2, 
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 process for the collection of information regarding the defendant that 
includes the defendant's previous history, the parties' relationship, whether the 
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commission of an alleged crime included the use of strangulation as defined in 
Title 17-A, section 208, subsection 1, paragraph C, the name of the victim and a 
process to relay this information to a bail commissioner before a bail 
determination is made; 
(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 
(4) Standard procedures to ensure that protection from abuse orders issued under 
Title 19-A, section 4006 or 4007 are served on the defendant as quickly as 
possible; 
PARTE 
Sec. E-l. Report. The judicial branch shall study the application of the provisions 
of this Act. The study must include, but is not limited to, information, if available, about 
the number of domestic violence cases in which preconviction bail for a person arrested 
for a domestic violence offense listed under the Maine Revised Statutes, Title 15, section 
1023, subsection 4, paragraph B-1 was set or denied by a judge or justice without prior 
review by a bail commissioner. The judicial branch shall report the results of the study to 
the joint standing committee of the Legislature having jurisdiction over criminal justice 
matters no later than January 30, 2013. The joint standing committee of the Legislature 
having jurisdiction over criminal justice matters may submit legislation to the First 
Regular Session of the 126th Legislature that is related to the report.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment does the following. 
1. In certain cases involving domestic violence, it prohibits a bail commissioner from 
setting preconviction bail for a defendant alleged to have violated a protection from abuse 
order or alleged to have committed a Class A, B or C crime under the Maine Revised 
Statutes, Title 17-A, chapter 9; a sexual offense that is a Class A, B or C crime; 
kidnapping; or a Class C crime involving criminal restraint, domestic stalking, domestic 
threatening, domestic terrorizing or domestic reckless conduct. 
2. In addition to information already required under the Maine Bail Code in cases 
involving domestic violence, it requires the bail commissioner to make a good faith effort 
to obtain from the arresting officer, the responsible prosecutorial office, a jail employee 
or other law enforcement officer information about the severity of the alleged offense. 
3. 
It requires a judge to order a defendant in a domestic violence case to be 
committed without bail pending a bail revocation hearing unless the judge makes certain 
findings on the record but does not require the findings to be reduced to writing. 
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4. It directs the judicial branch to study the application of the provisions of this 
legislation and report its findings to the joint standing committee of the Legislature 
having jurisdiction over criminal justice matters by January 30,2013 and authorizes that 
committee to submit legislation to the First Regular Session of the 126th Legislature that 
is related to the report. 
5. It requires law enforcement agencies to adopt written policies for cases involving 
domestic violence to collect information about whether the commission of the crime 
included the use of strangulation. 
6. It corrects a number of cross-referencing errors in current domestic violence laws 
so that the proper section in the Maine Bail Code is identified. 
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