An Act To IO Protect Victims of Human Trafficking
Maine Legislature, Session 127, LD 1531
Committee Amendment CA_A_S457 (Senate)
Amends: 5 MRSA §4651, 5 MRSA §4654, 5 MRSA §4655, 5 MRSA §4659, 17-A MRSA §1201, 19-A MRSA §4002, 19-A MRSA §4005, 19-A MRSA §4006, 19-A MRSA §4007, 19-A MRSA §4011

COMMITTEE AMENDMENT "A" to S.P. 593, L.D. 1531, Bill, "An Act To 
IO 
Protect Victims of Human Trafficking" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 5 MRSA §4651, sub-§2, ,c, as amended by PL 2001, c. 134, §1, is 
further amended to read: 
C. A single act or course of conduct constituting a violation of section 4681; Title 
17, section 2931; or Title 17-A, seetieas section 201, 202, 203, 204, 207, 208, 209, 
210, 210-A, 211, 253, 301, 302, 303, 506-A, 511, 556, 802, 805 er, 806, 852 or 853. 
Sec. 2. 5 MRSA §4654, sub-§4, ~' as amended by PL 1995, c. 650, §6, is 
further amended to read: 
F. Repeatedly and without reasonable cause: 
(I) Following the plaintiff; or 
(2) Being at or in the vicinity of the plaintiffs home, school, business or place of 
employment; er 
Sec. 3. 5 MRSA §4654, sub-§4, ,G, as enacted by PL 1995, c. 650, §7, is 
amended to read: 
G. Having any direct or indirect contact with the plaintiff~,;__QI 
Sec. 4. 5 MRSA §4654, sub-§4, ~ 
is enacted to read: 
H. 
Destroying, transferring or tampering with the plaintiffs passport or other 
immigration document in the defendant's possession. 
Sec. 5. 5 MRSA §4655, sub-§1, ,~ and F, as amended by PL 1993, c. 475, §2, 
are further amended to read: 
E. Ordering the defendant to pay court costs or reasonable attorney's fees; atid 
COMMITTEE AMENDMENT 
o~to 
~ 
COMMITTEE AMENDMENT" A "to S.P. 593, L.D. 1531 
I 
F. Entering any other orders determined necessary or appropriate in the discretion of 
the court~; and 
Sec. 6. 5 MRSA §4655, sub-§1, 1G is enacted to read: 
G. Prohibiting the defendant from destroying, transferring or tampering with the 
plaintiff's passport or other immigration document in the defendant's possession. 
Sec. 7. 5 MRSA §4659, sub-§1, as amended by PL 1993, c. 469, §2, is further 
amended to read: 
1. 
Crime committed. 
Violation of a temporary, emergency, interim or final 
protective order, an order of a tribal court of the Passamaquoddy Tribe or the Penobscot 
Nation or a court-approved consent agreement, when the defendant has prior actual notice 
of the order or agreement, is a Class D crime, except when the only provision that is 
violated concerns relief authorized under section 4655, subsection 1, paragraphs D to F 
G. Violation of these paragraphs must be treated as contempt and punished in accordance 
with law. 
Sec. 8. 17-A MRSA §1201, sub-§1, 1A-1, as amended by PL 2013, c. 194, §11, 
is further amended to read: 
A-1. The conviction is for a Class D or Class E crime other than: 
(I) A Class D or Class E crime relative to which, based upon both the written 
agreement of the parties and a court finding, the facts and circumstances of the 
underlying criminal episode giving rise to the conviction generated probable 
cause to believe the defendant had committed a Class A, Class B or Class C 
crime in the course of that criminal episode and, as agreed upon in writing by the 
parties and found by the court, the defendant has no prior conviction for murder 
or for a Class A, Class B or Class C crime and has not been placed on probation 
pursuant to this subparagraph on any prior occasion; 
(2) A Class D crime that the State pleads and proves was committed against a 
family or household member or a dating partner under chapter 9 or 13 or section 
554, 555 or 758. As used in this subparagraph, "family or household member" 
has the same meaning as in Title 19-A, section 4002, subsection 4; "dating 
partner" has the same meaning as in Title 19-A, section 4002, subsection 3-A; 
(2-A) A Class D crime under Title 5, section 4659, subsection 1, Title 15, 
section 321, subsection 6 or Title 19-A, section 4011, subsection 1; 
(3) A Class Dor Class E crime in chapter 11 or 12; 
(4) A Class D crime under section 210-A; 
(4-A) A Class E crime under section 552; 
(5) A Class D or Class E crime under section 556, section 853, section 854, 
excluding subsection I, paragraph A, subparagraph (1), or section 855; 
(6) A Class D crime in chapter 45 relating to a schedule W drug; 
COMMITTEE AMENDMENT 
o~to 
~ 
COMMITTEE AMENDMENT" Pt to S.P. 593, L.D. 1531 
(7) A Class Dor Class E crime under Title 29-A, section 2411, subsection 1-A, 
paragraph B; 
(8) A Class D crime under Title 17, section 1031; or 
(10) A Class E crime under Title 15, section 1092, subsection 1, paragraph A, if 
the condition of release violated is specified in Title 15, section 1026, subsection 
3, paragraph A, subparagraph (5) or (8) and the underlying crime involved 
domestic violence. 
Sec. 9. 19-A MRSA §4002, sub-§1, ,r,iE and F, as enacted by PL 1995, c. 694, 
Pt. B, §2 and affected by Pt. E, §2, are amended to read: 
E. Communicating to a person a threat to commit, or to cause to be committed, a 
crime of violence dangerous to human life against the person to whom the 
communication is made or another, and the natural and probable consequence of the 
threat, whether or not that consequence in fact occurs, is to place the person to whom 
the threat is communicated, or the person against whom the threat is made, in 
reasonable fear that the crime will be committed; eF 
F. Repeatedly and without reasonable cause: 
(1) Following the plaintiff; or 
(2) Being at or in the vicinity of the plaintiffs home, school, business or place of 
employmenh,;__QI 
Sec. 10. 19-A MRSA §4002, sub-§1, ,rG is enacted to read: 
G. Engaging in aggravated sex trafficking or sex trafficking as described in Title 
17-A, section 852 or 853, respectively. 
Sec. 11. 19-A MRSA §4005, sub-§1, as amended by PL 2015, c. 339, §2, is 
further amended to read: 
1. Filing. An adult who has been abused by a family or household member or a 
dating partner may seek relief by filing a complaint alleging that abuse. 
When a minor child in the care or custody of a family or household member or a dating 
partner has been abused by a family or household member or a dating partner, a person 
responsible for the child, as defined in Title 22, section 4002, subsection 9, or a 
representative of the department may seek relief by filing a petition alleging that abuse. 
An adult who has been a victim of conduct defined as stalking in Title 17 -A, section 
210-A or described as sexual assault in Title 17-A, chapter 11 or described as 
unauthorized dissemination of certain private images in Title 17-A, section 511-A or 
described as aggravated sex trafficking or sex trafficking in Title 17-A, section 852 or 
853, respectively, whether or not the conduct was perpetrated by a family or household 
member or dating partner, may seek relief by filing a complaint alleging that conduct 
without regard to whether criminal prosecution has occurred. When a minor has been a 
victim of such conduct, the minor's parent, other person responsible for the child or a 
representative of the department may seek relief by filing a petition alleging that conduct. 
COMMITTEE AMENDMENT 
o<cs 
~ 
COMMITTEE AMENDMENT" A" to S.P. 593, L.D. 1531 
When an adult who is 60 years of age or older or a dependent adult, as defined in Title 
22, section 3472, subsection 6, or an incapacitated adult, as defined in Title 22, section 
3472, subsection 10, has been the victim of abuse as defined in section 4002, subsection 1 
or Title 22, section 3472, subsection 1 by an extended family member or an unpaid care 
provider, the adult victim, the adult victim's legal guardian or a representative of the 
department may seek relief by filing a complaint alleging the abusive conduct. For the 
purposes of this subsection, "extended family member" includes, but is not limited to: a 
person who is related to the victim by blood, marriage or adoption, whether or not the 
person resides or has ever resided with the victim. "Unpaid care provider" includes, but 
is not limited to, a caretaker who voluntarily provides full, intermittent or occasional 
personal care to the adult victim in the victim's home similar to the way a family member 
would provide personal care. 
Sec. 12. 19-A MRSA §4006, sub-§5, 1~ and F, as enacted by PL 1995, c. 
694, Pt. B, §2 and affected by Pt. E, §2, are amended to read: 
E. Taking, converting or damaging property in which the plaintiff may have a legal 
interest; ef 
F. Having any direct or indirect contact with the plaintiff~,;_gr 
Sec. 13. 19-A MRSA §4006, sub-§5, 1G is enacted to read: 
G. 
Destroying, transferring or tampering with the plaintiffs passport or other 
immigration document in the defendant's possession. 
Sec. 14. 19-A MRSA §4007, sub-§1, ~' as amended by PL 2005, c. 510, §11, 
is further amended to read: 
M. Entering any other orders determined necessary or appropriate in the discretion of 
the court; ef 
Sec. 15. 19-A MRSA §4007, sub-§1, ~' as enacted by PL 2005, c. 510, §12, is 
amended to read: 
N. Directing the care, custody or control of any animal owned, possessed, leased, 
kept or held by either party or a minor child residing in the household7,;_gr 
Sec. 16. 19-A MRSA §4007, sub-§1, ,o is enacted to read: 
0. With regard to conduct described as aggravated sex trafficking or sex trafficking 
as described in Title 17-A, section 852 or 853, respectively, entering any other orders 
determined necessary or appropriate in the discretion of the court. including, but not 
limited to. requiring the defendant to pay economic damages related to the return or 
restoration of the plaintiffs passport or other immigration document and any debts of 
the plaintiff arising from the trafficking relationship. 
Sec. 17. 19-A MRSA §4011, sub-§2, as amended by PL 2011, c. 178, §1, is 
further amended to read: 
2. Exception. When the only provision that is violated concerns relief authorized 
under section 4007, subsection 1, paragraph F or F-1 or section 4007, subsection 1, 
paragraphs H to N Q, the violation must be treated as contempt and punished in 
accordance with law.' 
COMMITTEE AMENDMENT 
·-·· 
o"<~ 
~ 
COMMITTEE AMENDMENT" A" to S.P. 593, L.D. 1531 
SUMMARY 
This amendment replaces the bill but continues to provide that victims of aggravated 
sex trafficking and sex trafficking are eligible to file for protection from abuse orders and 
protection from harassment orders. It also provides that individuals convicted of sex 
trafficking are eligible for probation. 
This amendment replaces the bill to capture all provisions of the protection from 
harassment and protection from abuse laws to include protections for victims of both 
aggravated sex trafficking and sex trafficking. 
The amendment amends the definition of "harassment" to include a single act or 
course of conduct that includes a violation of the Maine Revised Statutes, Title 17-A, 
section 852, aggravated sex trafficking, or section 853, sex trafficking. The definition is 
important because it determines who can request a protection from harassment order. 
The bill includes only aggravated sex trafficking in the definition of "harassment." 
It amends the protection from harassment laws to include as prohibited conduct that 
an interim protection from harassment order issued ex parte may prohibit a defendant's 
destroying, transferring or tampering with a plaintiffs passport or other immigration 
document that is in the defendant's possession. 
It amends the protection from harassment laws to include as prohibited conduct that, 
after the opportunity for a hearing, a final protection from harassment order may prohibit 
a defendant's destroying, transferring or tampering with a plaintiffs passport or other 
immigration document that is in the defendant's possession. 
It provides that violation of the final protection order provision prohibiting a 
defendant's destroying, transferring or tampering with a plaintiff's passport or other 
immigration document is treated as a violation of a court order, which may be pursued as 
contempt. 
It amends the Maine Criminal Code to provide that sex trafficking is a crime for 
which probation may be included as part of a sentence. 
It amends the protection from abuse laws to amend the definition of "abuse" to 
include the actions of engaging in aggravated sex trafficking and sex trafficking. 
It amends the protection from abuse laws to clarify that a victim of aggravated sex 
trafficking or sex trafficking may file a complaint seeking a protection from abuse order. 
The bill includes only aggravated sex trafficking. 
It amends the protection from abuse laws governing the type of relief that may be 
included in an interim protection from abuse order to cover a defendant's destroying, 
transferring or tampering with the plaintiffs passport or other immigration document. 
It amends the protection from abuse laws to provide that, with regard to conduct 
described as aggravated sex trafficking or sex trafficking, the court may order the 
defendant to pay economic damages related to the return or restoration of the plaintiff's 
passport or other immigration document and any debts of the plaintiff arising from the 
trafficking relationship. The amendment also provides that a defendant who violates this 
provision may be punished for contempt. 
FISCAL NOTE REQtJIUD 
(See attaclled) 
COMMITTEE AMENDMENT 
:~•., 
Approved: 03/17 /l 6 
feac:.. 
i~/l~t 
lf~-1 
~~~~ 
LD 1531 
LR 2220(02) 
An Act To Protect Victims of Human Trafficking 
Fiscal Note for Bill as Ame~ded by C~~mittee Amendment ''.4 (S-'-{<;;"), 
Committee: Jud1c1ary 
L· 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Increases the number of civil suits. 
The collection of additional filing fees may also increase General Fund revenue by minor amounts. 
LR2220(02) - Fiscal Note - Page 1 of 1