An Act To Implement the Recommendations of the Working Group Concerning Domestic Violence and Firearms
Maine Legislature, Session 125, LD 0386
Committee Amendment CA_A_H330 (House)

COMMITTEE AMENDMENT ,,/l, to H.P. 312, L.D. 386, Bill, "An Act To 
Implement the Recommendations of the Working Group Concerning Domestic Violence 
and Firearms" 
Amend the bill by striking out all of section 1 (page 1, lines 2 to 11 in L.D.) and 
inserting in its place the following: 
'Sec. 1. 15 MRS A §I023, sub-§4-A is enacted to read: 
4-A. 
Firearms; bail condition upon arrest for certain crimes of domestic 
violence. 
When a person is charged with an offense under Title 17 -A, section 15, 
subsection 1, paragraph A, subparagraph (5-A) or (5-B), the bail commissioner shall 
require, as a condition of bail, that the person refrain from possessing a firearm or other 
specified dangerous weapons until further order of a court. 
Upon request of the 
defendant, any motion to amend a bail condition imposed pursuant to this subsection 
must be heard by the court as expeditiously as possible.' 
Amend the bill in section 2 in paragraph A by striking out all of subparagraph (8) 
(page 2, lines 8 and 9 in L.D.) and inserting in its place the following: 
'(8) Refrain from possessing a firearm or other dangerous weapon; 
(8-A) If a condition is imposed pursuant to section 1023, subsection 4-A, refrain 
from possessing a firearm or other specified dangerous weapons until further 
order of a court;' 
Amend the bill by striking out all of sections 3 to 7. 
SUMMARY 
This 
amendment is 
the 
minority 
report 
and 
implements 
some of the 
recommendations, with changes, proposed by the working group concerning domestic 
violence and firearms established under Resolve 2009, chapter 86. 
Specifically, the 
amendment requires bail commissioners to impose a bail condition in all domestic 
violence cases that the person on bail refrain from possessing firearms or other specified 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"~" to H.P. 312, L.D. 386 
dangerous weapons. The amendment deletes from the bill changes to the Maine Revised 
Statutes, Title 15, section 1026, subsection 3, paragraph A, subparagraph (8), leaving the 
current law in place that allows bail commissioners to continue to impose conditions 
banning the possession of all dangerous weapons. The amendment adds a new Title 15, 
section 1026, subsection 3, paragraph A, subparagraph (8-A) that states that if a condition 
is imposed under bail pursuant to Title 15, section 1023, subsection 4-A, the bail 
commissioner may impose the condition of refraining from possessing a firearm or other 
specified dangerous weapon until further order of the court. 
The amendment also deletes from the bill provisions that mandate that a law 
enforcement officer seize all firearms in certain warrantless arrest situations and in arrest 
situations where the officer has probable cause to believe that there has been a criminal 
violation of a protection order and provisions that require law enforcement agencies to 
adopt and implement new minimum policy standards for seizure and storage of firearms. 
FISCAL XOTE REQURED 
~~e~ 
__ ~ttacbed) 
COMMITTEE AMENDMENT 
Approved: 05115/11 frac 
LD386 
LR 1130(02) 
An Act To Implement the Recommendations of the Working Group Concerning Domestic Violence 
and Firearms 
Fiscal Note for Bill as Amended by Committee Amendment "A, 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Correctional and Judicial Impact Statements 
Increases case-loads with no effect on fines or fees 
LRI 130(02) - Fiscal Note - Page 1 of I