An Act To Make Strangulation an Aggravating Sentencing Factor II
Maine Legislature, Session 125, LD 1027
Committee Amendment CA_A_H378 (House)

COMMITTEE AMENDMENT ,/1 " 
to H.P. 761, L.D. 1027, Bill, "An Act To 
Make Strangulation an Aggravating Sentencing Factor" 
II 
Amend the bill by striking out the title and substituting the following: 
'Resolve, To Coordinate Stakeholders To Review Best Practices in the Management 
of Strangulation and Determine Methods To Address the Issue in Maine' 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, there is a national increased awareness of the severity of strangulation, 
including its high prevalence in domestic and sexual assaults, its serious impacts, 
including life-threatening levels of anoxic brain damage, and its use as a tool of 
intimidation; and 
Whereas, public and professional awareness of the prevalence and impact of 
strangulation in Maine may lag behind research data; and 
Whereas, stakeholders should promptly review best practices models and tailor 
them to fit Maine's needs; 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 
Sec. 1. 
Review of best practices in management of strangulation~ 
Resolved: That the Maine Commission on Domestic and Sexual Abuse, created in the 
Maine Revised Statutes, Title 19-A, section 4013 and referred to in this resolve as "the 
commission," shall study strangulation to determine the presence and patterns of 
strangulation in domestic and sexual violence in the State and the current management of 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "~,, to H.P. 761, L.D. 1027 
strangulation within criminal law. The commission shall review model practices and 
research in other states, including the impacts of other states' legislation, public awareness 
activities and changes in policy. The commission shall invite interested parties, including 
but not limited to representatives from state and local law enforcement, prosecutors, the 
judicial branch, the Criminal Law Advisory Commission under Title 17 -A, section 1351, 
the Maine Coalition to End Domestic Violence, the Maine Coalition Against Sexual 
Assault, first responders and other emergency care providers; and be it further 
Sec. 2. Report. Resolved: That the commission shall submit a report by February 
15, 2012 to the Joint Standing Committee on Criminal Justice and Public Safety. The 
report must include the commission's findings and recommendations regarding methods 
to deal with strangulation in the State, including, as it determines necessary, proposed 
legislation; proposed education and training for law enforcement, prosecutors and the 
judiciary; and proposed programs and outreach for public awareness and advocacy. 
Upon receipt of the commission's report and recommendations, the committee may report 
out legislation to the Second Regular Session of the 125th Legislature. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment replaces the bill and creates a resolve directing the Maine 
Commission on Domestic and Sexual Abuse to invite stakeholders to participate in 
studying strangulation in order to determine the presence and patterns of strangulation in 
domestic and sexual violence in Maine and the current management of strangulation 
within Maine's criminal law. The review must include a study of model practices and 
research in other states, including the impacts of other states' legislation, public awareness 
activities and changes in policy. The commission shall invite at a minimum the following 
stakeholders to participate: representatives from state and local law enforcement, 
prosecutors, the judicial branch, the Criminal Law Advisory Commission, the Maine 
Coalition to End Domestic Violence, the Maine Coalition Against Sexual Assault, first 
responders and other emergency care providers. The commission shall submit a report by 
February 15, 2012 to the Joint Standing Committee on Criminal Justice and Public 
Safety. 
The report must include the commission's findings and recommendations 
regarding methods to deal with strangulation in Maine, including, as it determines 
necessary, proposed legislation; proposed education and training for law enforcement, 
prosecutors and the judiciary; and proposed programs and outreach for public awareness 
and advocacy. 
Upon receipt of the commission's report and recommendations, the 
committee may report out legislation to the Second Regular Session of the 125th 
Legislature. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 04/25/11 frac 
LD 1027 
LR 1892(02) 
An Act To Make Strangulation an Aggravating Sentencing Factor 
Fiscal Note for Bill as Amended by Committee Amendment Iff' 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
The additional costs to the member agencies of the Maine Commission on Domestic and Sexual Abuse can be 
absorbed utilizing existing budgeted resources. 
LRI892(02) - Fiscal Note - Page I of 1