Resolve, To Establish the Commission To Review the Laws Governing Domestic Violence
Maine Legislature, Session 128, LD 0523
Committee: Criminal Justice and Public Safety
Sponsors: RECKITT, BELLOWS, BROOKS, FAY, TALBOT ROSS, WARREN, DESCHAMBAULT

Legislative Document
No. 523
H.P. 367
House of Representatives, February 9, 2017
Resolve, To Establish the Commission To Review the Laws 
Governing Domestic Violence
(EMERGENCY)
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative RECKITT of South Portland.
Cosponsored by Senator BELLOWS of Kennebec and
Representatives: BROOKS of Lewiston, FAY of Raymond, TALBOT ROSS of Portland, 
WARREN of Hallowell, Senator: DESCHAMBAULT of York.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, this legislation establishes the Commission To Review the Laws 
Governing Domestic Violence; and 
Whereas, the study must be initiated before the 90-day period expires in order that 
the study may be completed and a report submitted in time for submission to the next 
legislative session; 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, be it 
Sec. 1.  Commission established.  Resolved:  That the Commission To Review 
the Laws Governing Domestic Violence, referred to in this resolve as "the commission," 
is established; and be it further 
Sec. 2.  Commission membership.  Resolved:  That the commission consists of 
members appointed as follows: 
1.  Three members of the Senate, appointed by the President of the Senate, including 
members from each of the 2 parties holding the largest number of seats in the Legislature. 
When making the appointments, the President shall give preference to members of the 
Joint Standing Committee on Criminal Justice and Public Safety and the Joint Standing 
Committee on Judiciary; 
2.  Four members of the House of Representatives, appointed by the Speaker of the 
House, including members from each of the 2 parties holding the largest number of seats 
in the Legislature. When making the appointments, the Speaker shall give preference to 
members of the Joint Standing Committee on Criminal Justice and Public Safety and the 
Joint Standing Committee on Judiciary; 
3.  The Attorney General or the Attorney General's designee; 
4.  The Chief of the State Police or the chief's designee; 
5.  A representative of a statewide organization to end domestic violence and assault, 
appointed by the Speaker of the House; and 
6.  A judge or retired judge from the District Court, appointed by the Chief Justice of 
the Supreme Judicial Court; and be it further 
Sec. 3.  Chairs.  Resolved:  That the first-named Senate member is the Senate 
chair and the first-named House of Representatives member is the House chair of the 
commission; and be it further 
Sec. 4.  Appointments; convening of commission.  Resolved:  That all 
appointments must be made no later than 30 days following the effective date of this 
resolve.  The appointing authorities shall notify the Executive Director of the Legislative 
Council once all appointments have been completed.  After appointment of all members, 
the chairs shall call and convene the first meeting of the commission.  If 30 days or more 
after the effective date of this resolve a majority of but not all appointments have been 
made, the chairs may request authority and the Legislative Council may grant authority 
for the commission to meet and conduct its business; and be it further 
Sec. 5.  Duties.  Resolved:  That the commission shall conduct a comprehensive 
examination of the laws governing domestic violence in the State to determine whether 
the principles of ensuring victim safety and batterer accountability are upheld under the 
existing statutory scheme.  The commission shall review the domestic violence laws of 
other states, invite the participation of experts and interested parties, gather information 
and request necessary data from public and private entities.  As part of its review, the 
commission shall examine the handling of all aspects of domestic violence cases from 
investigation to prosecution to movement through the court system and shall evaluate the 
ways in which the needs of victims of domestic violence are or are not being addressed in 
the current legal system and the contribution that can be made by laws to deterring 
batterers' behavior; and be it further 
Sec. 6.  Staff assistance.  Resolved:  That the Legislative Council shall provide 
necessary staffing services to the commission; and be it further 
Sec. 7.  Report.  Resolved:  That, no later than December 6, 2017, the commission 
shall submit a report that includes its findings and recommendations, including suggested 
legislation, for presentation to the Second Regular Session of the 128th Legislature. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This resolve establishes the Commission To Review the Laws Governing Domestic 
Violence, which is directed to conduct a comprehensive examination of the laws 
governing domestic violence in the State to determine whether the principles of ensuring 
victim safety and batterer accountability are upheld under the existing statutory scheme.