Resolve, Directing the Adjutant General of the State To Ensure the Maine Code of Military Justice Addresses Sexual Trauma in the Military
Maine Legislature, Session 126, LD 1504
Committee: Veterans and Legal Affairs
Sponsors: VALENTINO, RUSSELL, ALFOND, BOYLE, CAIN, CLEVELAND, CRAVEN, DUTREMBLE, FLOOD, GERZOFSKY, GRATWICK, HILL, JACKSON, JOHNSON, LACHOWICZ, MAZUREK, MILLETT, PATRICK, TUTTLE, BEAULIEU, BEAVERS, CHENETTE, CHIPMAN, EVES, HAYES, MONAGHAN-DERRIG

Legislative Document 
No. 1504 
S.P. 562 
In Senate, May 7, 2013 
Resolve, Directing the Adjutant General of the State To Ensure the 
Maine Code of Military Justice Addresses Sexual Trauma in the 
Military 
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed 
pursuant to Joint Rule 218. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator VALENTINO of York. 
Cosponsored by Representative RUSSELL of Portland and 
Senators: President ALFOND of Cumberland, BOYLE of Cumberland, CAIN of Penobscot, 
CLEVELAND of Androscoggin, CRAVEN of Androscoggin, DUTREMBLE of York, 
FLOOD of Kennebec, GERZOFSKY of Cumberland, GRATWICK of Penobscot, HILL of 
York, JACKSON of Aroostook, JOHNSON of Lincoln, LACHOWICZ of Kennebec, 
MAZUREK of Knox, MILLETT of Cumberland, PATRICK of Oxford, TUTTLE of York, 
Representatives: BEAULIEU of Auburn, BEAVERS of South Berwick, CHENETTE of Saco, 
CHIPMAN of Portland, Speaker EVES of North Berwick, HAYES of Buckfield, 
Printed on recycled paper 
LONGSTAFF of Waterville, McCABE of Skowhegan, MONAGHAN-DERRIG of Cape 
Elizabeth. 
Sec. 1.  Adjutant General to conduct assessment of Maine Code of 
Military Justice.  Resolved:  That the Adjutant General shall conduct an assessment 
of the Maine Code of Military Justice and other provisions of the Maine Revised Statutes, 
Title 37-B that govern active duty personnel in the Maine National Guard, including air 
reserve technicians and other activated military personnel, with regard to provisions that 
apply to sexual assault in the military.  The purpose of the assessment is to determine if 
the Maine Code of Military Justice and other provisions of Title 37-B governing active 
duty personnel in the Maine National Guard allow for the adequate prosecution of sexual 
assault and proper treatment of military victims of sexual assault by comparing them with 
the provisions of the National Defense Authorization Act for Fiscal Year 2013 that 
amend 10 United States Code and that address the following: 
1. Mandatory administrative separation or dismissal of any member of the Maine 
National Guard convicted of any sexual offense; 
2. Retention of restricted report documentation for 50 years, if so desired by the 
victim, including information regarding a victim's consent regarding use of report 
records; 
3. Allowing victims to return to active duty after separation to help prosecute sex 
offenders; 
4. The creation of an independent review panel to examine the way sexual assaults 
are investigated, prosecuted and adjudicated under the Maine Code of Military Justice; 
5. Annual command climate assessment surveys to track individual attitudes toward 
sexual assault and sexual harassment; 
6. Mandatory insurance coverage for mental and physical health issues, including 
abortions in cases of rape or incest for service women and military family members; 
7. Required sexual assault prevention and intervention in precommand and 
command courses for officers and relevant personnel; 
8. Notification to Maine National Guard personnel of the options available for the 
correction of military records that reflect any retaliatory personnel action consequent to a 
report of sexual assault or sexual harassment; 
9. Prohibition against the use of a moral waiver for recruitment of anyone convicted 
of a sexual offense; 
10.  Active duty retention of survivors until the completion of a line of duty 
determination to ensure completion of an official investigation and adjudication of the 
sexual offense case; 
11.  Development of a policy for and documented annual review of required initial 
and annual sexual assault prevention training for all new enlistees and members of the 
Maine National Guard, respectively; 
12.  Development of a policy addressing data collection and retention requirements to 
track reports of sexual harassment, sexual assault and rape from the date of an incident 
report to case closure; 
13.  Annual briefing by the Adjutant General to the Governor and the joint standing 
committee of the Legislature having jurisdiction over veterans and legal affairs, including 
a summary of all sexual assault and rape incidents, their status and the outcomes, 
including the duty status of adjudicated and administratively dismissed military offenders 
and military victims; and 
14.  Development of a policy to ensure convicted felons who meet national sex 
offender registry requirements are placed on that registry. 
Nothing in this section prohibits the Adjutant General from considering other 
provisions of federal law that relate to prosecution and punishment of members of the 
Maine National Guard who have been accused of sexual assault in the military and the 
treatment of members of the Maine National Guard who are victims of sexual assault; and 
be it further 
Sec. 2.  Report.  Resolved:  That, no later than February 15, 2014, the Adjutant 
General shall submit a report to the Joint Standing Committee on Veterans and Legal 
Affairs describing the results of the assessment described in section 1.  The report must 
include recommendations for legislation to make provisions of the Maine Code of 
Military Justice and other provisions of the Maine Revised Statutes, Title 37-B that deal 
with military personnel comparable to provisions of federal law that address the issue of 
sexual assault in the military.  The Joint Standing Committee on Veterans and Legal 
Affairs is authorized to report out a bill based on the report to the Second Regular Session 
of the 126th Legislature. 
SUMMARY 
This resolve directs the Adjutant General of the State to conduct an assessment of the 
Maine Code of Military Justice and other provisions of Maine law that deal with military 
personnel to ensure that these laws are comparable to federal laws in addressing the 
adequate investigation, prosecution and adjudication of sexual assault by members of the 
Maine National Guard and the appropriate treatment of Maine National Guard members 
who are victims of sexual assault.