Resolve, To Establish the Commission To Study the Availability of Information Regarding Related Incidents in Domestic Violence Cases
Maine Legislature, Session 128, LD 0641
Committee: Criminal Justice and Public Safety
Sponsors: RECKITT, BROOKS, TALBOT ROSS

Legislative Document
No. 641
H.P. 455
House of Representatives, February 28, 2017
Resolve, To Establish the Commission To Study the Availability of 
Information Regarding Related Incidents in Domestic Violence 
Cases
(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 Representatives: BROOKS of Lewiston, TALBOT ROSS of Portland.
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 Study the Availability of 
Information Regarding Related Incidents in Domestic Violence Cases; 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 Study 
the Availability of Information Regarding Related Incidents in Domestic Violence Cases, 
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 of Representatives, 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 Executive Director of the Maine Coalition to End Domestic Violence, or the 
executive director's designee; 
5.  A representative of the Maine Commission on Domestic and Sexual Abuse under 
the Maine Revised Statutes, Title 19-A, section 4013, appointed by the Speaker of the 
House of Representatives; 
6.  A judge from the District Court, appointed by the Chief Justice of the Supreme 
Judicial Court; 
7.  A representative of the Maine Prosecutors Association, appointed by the Attorney 
General; and 
8.  A representative of a municipal police department, appointed by the Speaker of 
the House of Representatives; 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 domestic violence prosecutions in this State.  The commission shall 
review the system by which those prosecutions are based on specific incidents and the 
availability of information regarding related domestic abuse incidents to judges or 
prosecuting attorneys.  As part of its review, the commission shall develop 
recommendations on the best method to provide judges and prosecuting attorneys with 
information regarding related domestic abuse incidents; 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 Study the Availability of Information 
Regarding Related Incidents in Domestic Violence Cases, which is directed to conduct a 
comprehensive examination of domestic violence prosecutions in this State and develop 
recommendations on the best method to provide judges and prosecuting attorneys with 
information regarding related domestic abuse incidents.