An Act To Increase Safety for Victims of Domestic Violence
Maine Legislature, Session 126, LD 1656
Committee Amendment CA_A_S409 (Senate)
Amends: 19-A MRSA §4002

COMMITTEE AMENDMENT "A " to S.P. 649, L.D. 1656, Bill, "An Act To 
Increase Safety for Victims of Domestic Violence" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Increase Safety for Victims of Domestic Violence and Victims of Sexual 
Assault' 
Amend the bill by inserting after the title and before the enacting clause 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, a victim of domestic violence or sexual assault is further traumatized 
when the alleged offender engages in unwanted contact with the victim; and 
Whereas, current law does not prohibit a person accused of domestic violence or 
sexual assault from contacting the victim prior to the setting of bail; and 
Whereas, the protection of a victim of domestic violence or sexual assault from 
unwanted contact by the alleged offender is paramount to a successful prosecution of the 
criminal conduct and the ability of the victim to repair the victim's life; 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,' 
Amend the bill by striking out all of section 2 and inserting the following: 
'Sec. 2. 15 MRS A §1094-B is enacted to read: 
COMMITTEE AMENDMENT 
1-. .,. 
COMMITTEE AMENDMENT "A .. to S.P. 649, L.D. 1656 
§1094-B. Improper contact with a family or household member prior to the setting 
of preconviction bail 
1. Improper contact. A person is guilty of improper contact with a family or 
household member prior to the setting of preconviction bail if: 
A. The person is being detained as a result of the person's arrest for an offense 
specified in section 1023, subsection 4, paragraph B-1; 
B. Preconviction bail has not been set by a justice or judge; 
C. The person is notified, in writing or otherwise, by the county jail staff not to make 
direct or indirect contact with the specifically identified alleged victim of the offense 
for which the person is being detained; 
D. The alleged victim is a family or household member of the person; and 
E. 
After the notification specified in paragraph C, the person intentionally or 
knowingly makes direct or indirect contact with the specifically identified alleged 
victim. 
As used in this subsection, "family or household member" has the same meaning as in 
Title 19-A, section 4002, subsection 4. 
2. Penalty. Violation of this section is a Class D crime.' 
Amend the bill in section 6 in subsection I-A in the 4th line (page 2, line 18 in L.D.) 
by inserting after the following: "domestic violence" the following: 'or a victim of sexual 
assault' 
Amend the bill by adding after section 6 the following: 
'Sec. 7. 19-A MRSA §4002, sub-§4, as amended by PL 2011, c. 640, Pt. C, §l, 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-1 and Title 15, section 1094-B, this chapter and 
Title 17-A, sections 15, 207-A, 209-A, 21O-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. 
Sec. 8. 
Uniform policy. 
No later than June 1, 2014, the State Board of 
Corrections shall establish a minimum, uniform policy for notifying defendants detained 
at a county jailor other correctional facility after being arrested for an offense under the 
Maine Revised Statutes, Title 15, section 1023, subsection 4, paragraph B-1 and prior to 
the setting of preconviction bail by a justice or judge that it is a crime to make direct or 
indirect contact with a victim who is a member of the defendant's family or household. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 649, L.D. 1656 
Emergency clause. 
In view of the emergency cited In the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
The bill creates the new crime of improper contact with a family or household 
member prior to the setting of preconviction bail, which applies in cases of domestic 
violence and sexual assault. The amendment: 
1. Changes the title of the bill to include victims of sexual assault; and 
2. Provides that prior to criminal liability for the crime, county jail staff must notify a 
defendant arrested for a domestic violence offense or sexual assault and prior to the 
setting of bail not to make direct or indirect contact with a specifically identified family 
or household member who is the victim of the offense. 
The bill permits a law enforcement agency to share confidential criminal history 
record information with an advocate for the sole purpose of planning for the safety of a 
victim of domestic violence. This amendment also allows the sharing of this information 
with an advocate of a victim of sexual assault for the same purpose. 
This amendment also directs the State Board of Corrections to establish a minimum, 
uniform policy by June 1, 2014 for notifying defendants detained at a county j ail or other 
correctional facility after being arrested for a domestic violence offense or sexual assault 
and prior to the setting of pre conviction bail by a justice or judge that it is a crime to 
make direct or indirect contact with a victim who is a member of the defendant's family 
or household. 
Finally, the amendment adds an emergency preamble and emergency clause. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02126114 frac 
LD 1656 
LR 2494(02) 
An Act To Increase Safety for Victims of Domestic Violence 
Fiscal Note for Bill as Amended by Committee Amendment ,!}t, (S- LjOOJ) 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes new Class D crimes. 
The coIIection of additional fines may also increase General Fund revenue by minor amounts. 
LR2494(02) - FiscaJ Note - Page I of I