An Act To Strengthen Protection from Abuse Laws
Maine Legislature, Session 127, LD 1654
Committee: Judiciary
Sponsors: HEAD, FOLEY, HILLIARD, HOBART, LYFORD, MAKER, SEAVEY, TUELL, WALLACE
Amends: 19-A MRSA §4011, 19-A MRSA §4015

Legislative Document 
No. 1654 
H.P. 1127 
House of Representatives, March 16, 2016 
An Act To Strengthen Protection from Abuse Laws 
Reference to the Committee on Judiciary suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative HEAD of Bethel.  (GOVERNOR'S BILL) 
Cosponsored by Representatives: FOLEY of Wells, HILLIARD of Belgrade, HOBART of 
Bowdoinham, LYFORD of Eddington, MAKER of Calais, SEAVEY of Kennebunkport, 
TUELL of East Machias, WALLACE of Dexter. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  19-A MRSA §4011, sub-§§5 and 6 are enacted to read: 
5.  Mandatory minimum sentences.  The court shall impose a term of imprisonment 
for a person who violates a protective order or agreement as provided in subsection 1 as 
follows. 
A.  For a first conviction of a violation under subsection 1, the court shall impose a 
definite term of imprisonment of not less than 30 days. 
B.  If a person has one prior conviction of a violation under subsection 1, the court 
shall impose a definite term of imprisonment of not less than 90 days. 
C.  If a person has 2 or more prior convictions of a violation under subsection 1, the 
court shall impose a definite term of imprisonment of not less than 365 days. 
Title 17-A, section 9-A governs the use of prior convictions when determining a 
sentence, except that, for purposes of this subsection, the date of each prior conviction 
may precede the commission of the offense being enhanced by more than 10 years. 
6.  Mandatory minimum sentences for reckless conduct or assault.  The court 
shall impose a term of imprisonment for a person who commits a violation under 
subsection 4 as follows. 
A.  For a first conviction of a violation under subsection 4, the court shall impose a 
definite term of imprisonment of not less than 2 years. 
B.  If a person has one prior conviction of a violation under subsection 4, the court 
shall impose a definite term of imprisonment of not less than 3 years. 
C.  If a person has 2 or more prior convictions of a violation under subsection 4, the 
court shall impose a definite term of imprisonment of not less than 4 years. 
Title 17-A, section 9-A governs the use of prior convictions when determining a 
sentence, except that, for purposes of this subsection, the date of each prior conviction 
may precede the commission of the offense being enhanced by more than 10 years. 
Sec. 2.  19-A MRSA §4015 is enacted to read: 
§4015.  False claim 
1.  Crime.  A person who knowingly makes a false claim of abuse or neglect or 
abandonment, as defined in Title 22, section 4002, subsections 1 and 1-A; sexual 
exploitation of a minor, as set out in Title 17-A, section 282; aggravated sex trafficking as 
set out in Title 17-A, section 852; sex trafficking as set out in Title 17-A, section 853; or 
patronizing prostitution of a minor or person with a mental disability as set out in Title 
17-A, section 855, subsections 1 and 3 in any proceeding conducted under this chapter is 
guilty of the crime of false claim if the false claim was made in order to gain an 
advantage in divorce proceedings. 
2.  Penalty.  False claim is a Class C crime. 
SUMMARY 
This bill requires a court to sentence a person convicted of violating a protective 
order or court-approved consent agreement, currently a Class D crime, to a minimum 
term of imprisonment of 30 days.  Subsequent convictions of violating a protective order 
or court-approved consent agreement are subject to enhanced minimum sentences. 
This bill also requires a court to sentence a person convicted of violating a protective 
order through conduct that is reckless and that creates a substantial risk of death or 
serious bodily injury to the plaintiff named in the protective order or who assaults the 
plaintiff named in the protective order, currently a Class C crime, to a minimum term of 
imprisonment of 2 years; subsequent convictions are subject to enhanced minimum 
sentences. 
This bill also creates the Class C crime of false claim, which occurs when a person 
during a proceeding for a protection from abuse petition makes a false claim of abuse or 
neglect or abandonment of a child or alleges sexual exploitation of a minor, sex 
trafficking, aggravated sex trafficking or patronizing prostitution of a minor or person 
with a mental disability and that claim or allegation is made for the purpose of gaining an 
advantage in a divorce proceeding.