An Act To Increase the Penalty for Multiple Violations of Protection from Abuse Orders
Maine Legislature, Session 128, LD 0080
Committee: Judiciary
Sponsors: CYRWAY, LUCHINI, MAKER, FOLEY, GUERIN, HANINGTON, KINNEY, KUMIEGA, NADEAU, STROM
Amends: 17-A MRSA §1348, 19-A MRSA §4011

Legislative Document
No. 80
S.P. 29
In Senate, January 11, 2017
An Act To Increase the Penalty for Multiple Violations of Protection 
from Abuse Orders
Reference to the Committee on Judiciary suggested and ordered printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator CYRWAY of Kennebec.
Cosponsored by Representative LUCHINI of Ellsworth and
Senator: MAKER of Washington, Representatives: FOLEY of Wells, GUERIN of Glenburn, 
HANINGTON of Lincoln, KINNEY of Limington, KUMIEGA of Deer Isle, NADEAU of 
Winslow, STROM of Pittsfield.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  17-A MRSA §1348, as amended by PL 2005, c. 527, §21, is further 
amended to read: 
§1348.  Eligibility for deferred disposition 
A person who has pled guilty to a Class C, Class D or Class E crime, except for a 
crime involving domestic violence, and who consents to a deferred disposition in writing 
is eligible for a deferred disposition.  For the purpose of this section, "crime involving 
domestic violence" means a crime of domestic violence assault as described in section 
207-A, domestic violence criminal threatening as described in section 209-A, domestic 
violence terrorizing as described in section 210-B, domestic violence stalking as 
described in section 210-C or domestic violence reckless conduct as described in section 
211-A or a violation of a protective order under Title 19-A, section 4011, the alleged 
victim of which is a family or household member as defined in Title 19-A, section 4002, 
subsection 4. 
Sec. 2.  19-A MRSA §4011, sub-§1, as amended by PL 2001, c. 420, §1, is 
further amended to read: 
1.  Crime committed.  Except as provided in subsections 2 and, 4, 5 and 6, violation 
of the following is a Class D crime when the defendant has prior actual notice, which 
may be notice by means other than service in hand, of the order or agreement: 
A.  A temporary, emergency, interim or final protective order, an order of a tribal 
court of the Passamaquoddy Tribe or the Penobscot Nation or a similar order issued 
by a court of the United States or of another state, territory, commonwealth or tribe; 
or 
B.  A court-approved consent agreement. 
Sec. 3.  19-A MRSA §4011, sub-§§5 and 6 are enacted to read: 
5.  Subsequent violations; mandatory sentences and probation.  The court shall 
impose a term of imprisonment and a term of probation for a person who violates an 
order or agreement as provided in subsection 1 as follows. 
A.  A person who has one prior conviction of a violation under subsection 1 commits 
a Class D crime, and the court shall impose a definite term of imprisonment of not 
less than 14 days and a definite term of probation of not less than one year unless the 
court makes findings on the record of the court's reasons for not ordering such 
definite terms. 
B.  A person who has 2 or more prior convictions of a violation under subsection 1 
commits a Class C crime, and the court shall impose a definite term of imprisonment 
of not less than 60 days and a definite term of probation of not less than 2 years 
unless the court makes findings on the record of the court's reasons for not ordering 
such definite terms. 
6.  Reckless conduct or assault; subsequent violations; mandatory sentences and 
probation.  The court shall impose a term of imprisonment and a term of probation for a 
person who commits a violation under subsection 4 as follows. 
A.  A person who has one prior conviction of a violation under subsection 4 commits 
a Class C crime, and the court shall impose a definite term of imprisonment of not 
less than 14 days and a definite term of probation of not less than one year unless the 
court makes findings on the record of the court's reasons for not ordering such 
definite terms. 
B.  A person who has 2 or more prior convictions of a violation under subsection 4 
commits a Class C crime, and the court shall impose a definite term of imprisonment 
of not less than 60 days and a definite term of probation of not less than 2 years 
unless the court makes findings on the record of the court's reasons for not ordering 
such definite terms. 
SUMMARY 
This bill amends the laws regarding penalties for violating consent agreements and 
protective orders in cases of domestic violence. 
This bill requires a court to sentence a person upon a 2nd conviction of violating a 
protective order or court-approved consent agreement, which is a Class D crime, to a 
definite term of imprisonment of not less than 14 days and a definite term of probation of 
not less than one year unless the court makes findings on the record of the court's reasons 
for not ordering such definite terms.  The bill makes a 3rd or subsequent conviction of 
violating a protective order or court-approved consent agreement a Class C crime and 
requires a court to sentence the person to a definite term of imprisonment of not less than 
days and a definite term of probation of not less than 2 years unless the court makes 
findings on the record of the court's reasons for not ordering such definite terms. 
The bill also requires a court to sentence a person upon a 2nd conviction 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, which is a Class C crime, to a definite 
term of imprisonment of not less than 14 days and a definite term of probation of not less 
than one year unless the court makes findings on the record of the court's reasons for not 
ordering such definite terms.  The bill requires a court to sentence a person upon a 3rd or 
subsequent conviction to a definite term of imprisonment of not less than 60 days and a 
definite term of probation of not less than 2 years unless the court makes findings on the 
record of the court's reasons for not ordering such definite terms. 
The bill also makes a person who commits a crime involving domestic violence 
ineligible for deferred disposition.