An Act To Increase Safety for Victims of Domestic Violence
Maine Legislature, Session 126, LD 1656
Committee: Criminal Justice and Public Safety
Sponsors: CAIN, HERBIG, ALFOND, CRAVEN, FLOOD, GERZOFSKY, JACKSON, MILLETT, VALENTINO, FREDETTE
Amends: 5 MRSA §90-B, 15 MRSA §1094-B, 16 MRSA §53-B

Legislative Document 
No. 1656 
S.P. 649 
In Senate, December 23, 2013 
An Act To Increase Safety for Victims of Domestic Violence 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Secretary of the Senate on December 23, 2013.  Referred to the Committee 
on Criminal Justice and Public Safety pursuant to Joint Rule 308.2 and ordered printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator CAIN of Penobscot. 
Cosponsored by Representative HERBIG of Belfast and 
Senators: President ALFOND of Cumberland, CRAVEN of Androscoggin, FLOOD of 
Kennebec, GERZOFSKY of Cumberland, JACKSON of Aroostook, MILLETT of 
Cumberland, VALENTINO of York, Representative: FREDETTE of Newport. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §90-B, sub-§§4 to 6, as enacted by PL 2001, c. 539, §1, are 
amended to read: 
4.  Use of designated address.  Upon demonstration of a program participant's 
certification in the program, state and local agencies and the courts shall accept and use 
only the designated address as a program participant's address when creating a new public 
record unless the secretary has determined that: 
A.  The agency has a bona fide statutory or administrative requirement for the use of 
the program participant's address or mailing address, such that it is unable to fulfill its 
statutory duties and obligations without the residential address; and 
B.  The program participant's address or mailing address will be used only for those 
statutory and administrative purposes. 
5.  Disclosure to law enforcement and state agencies.  If the secretary determines 
appropriate, the secretary may make a program participant's address or mailing address 
available for inspection or copying, use under the following circumstances: 
A.  If requested of the secretary by a law enforcement agency in the manner provided 
for by rule; or 
B.  Upon request to the secretary by a commissioner of a state agency or the 
commissioner's designee in the manner provided for by rule and upon a showing of a 
bona fide statutory or administrative requirement for the use of the program 
participant's address or mailing address, such that the commissioner or the 
commissioner's designee is unable to fulfill statutory duties and obligations without 
the address or mailing address. 
6.  Disclosure pursuant to court order or canceled certification.  If the secretary 
determines appropriate, the secretary shall make allow a program participant's address 
and mailing address to be made available for inspection or copying use under the 
following circumstances: 
A.  To a person identified in a court order, upon the secretary's receipt of that court 
order that specifically orders the disclosure of a particular program participant's 
address and mailing address and the reasons stated for the disclosure; or 
B.  If the certification has been canceled because the applicant or program participant 
violated subsection 2, paragraph E, subparagraph (1). 
Sec. 2.  15 MRSA §1094-B is enacted to read: 
§1094-B.  Improper contact prior to the setting of bail 
A person is guilty of improper contact prior to the setting of bail if, while being 
detained as a result of the person's arrest for an offense specified in section 1023, 
subsection 4, paragraph B-1 and prior to the setting of preconviction bail by a justice or 
judge, the person intentionally or knowingly makes direct or indirect contact with the 
victim of the alleged crime. Violation of this section is a Class D crime. 
Sec. 3.  16 MRSA §53-B, sub-§1, ¶A, as enacted by PL 1995, c. 128, §1, is 
amended to read: 
A.  "Advocate" means an employee of or volunteer for a nongovernmental or Maine 
tribal program for victims of domestic or family violence who: 
(1)  Has undergone at least 30 hours of training; and 
(2)  As a primary function with the program gives advice to, counsels or assists 
victims, supervises employees or volunteers who perform that function or 
administers the program. 
Sec. 4.  16 MRSA §53-B, sub-§1, ¶A-2 is enacted to read: 
A-2.  "Confidential criminal history record information" has the same meaning as in 
section 703, subsection 2. 
Sec. 5.  16 MRSA §53-B, sub-§1, ¶A-3 is enacted to read: 
A-3.  "Criminal justice agency" has the same meaning as in section 703, subsection 4. 
Sec. 6.  16 MRSA §53-B, sub-§1-A is enacted to read: 
1-A.  Confidential criminal history record information.  A Maine criminal justice 
agency, whether directly or through any intermediary, may disseminate confidential 
criminal history record information to an advocate for the purpose of planning for the 
safety of a victim of domestic violence.  An advocate who receives confidential criminal 
history record information pursuant to this subsection shall use it solely for the purpose 
authorized by this subsection and may not further disseminate the information. 
SUMMARY 
Current law limits the ability of bail commissioners to set preconviction bail in cases 
involving domestic violence; as a result, the period of time between the arrest and the 
setting of bail by a judge or justice for alleged perpetrators of domestic violence may be 
greater than it is with other crimes. In order to increase the safety of victims of domestic 
violence during the period between arrest and the setting of bail, this bill provides that a 
person is guilty of improper contact prior to the establishment of bail if, while being 
detained as a result of the person's arrest for specified domestic violence offenses and 
prior to the establishment of preconviction bail, the person intentionally or knowingly 
makes direct or indirect contact with the victim of the alleged crime. 
Current law also requires that law enforcement officers use and be trained in how to 
administer an evidence-based domestic violence risk assessment. In order to increase the 
ability of Maine criminal justice agencies to use information gathered in the course of the 
risk assessment to keep victims and families safe, this bill permits those agencies to share 
confidential criminal history record information with advocates for the purpose of 
planning for the safety of a victim of domestic violence.  This bill also expands the 
definition of "advocate" to include an employee or volunteer of a Maine tribal program.  
Under this bill, an advocate who receives confidential criminal history record information 
must use the information solely for the purpose of planning for the safety of a victim of 
domestic violence and is prohibited from further disseminating the information. 
This bill also clarifies that once a person is certified as a participant in the Address 
Confidentiality Program that person's actual residential street, school or work address or 
United States Postal Service address may not be used or disclosed by any state or local 
agency or the courts unless such use or disclosure is approved by the Secretary of State 
under the circumstances set forth in the program.