An Act To Create a Community Protection Order To Allow Courts To Prevent High-risk Individuals from Possessing Firearms
Maine Legislature, Session 128, LD 1884
Committee Amendment CA_A-SA_A_S498 (Senate)
Amends: 4 MRSA §1801

SENATE AMENDMENT" A" to COMMITTEE AMENDMENT "A" to S.P. 719, 
L.D. 1884, Bill, "An Act To Create a Community Protection Order To Allow Courts To 
Prevent High-risk Individuals from Possessing Firearms" 
Amend the amendment in Part A by inserting before section 1 the following: 
'Sec. A-1. 4 MRSA §1801, as enacted by PL 2009, c. 419, §2, is amended to read: 
§1801. Maine Commission on Indigent Legal Services; established 
The Maine Commission on Indigent Legal Services, established by Title 5, section 
12004-G, subsection 25-A, is an independent commission whose purpose is to provide 
efficient, high-quality representation to indigent criminal defendants, juvenile defendants~ 
restrained individuals under Title 15. chapter 16 and children and parents in child 
protective cases, consistent with federal and state constitutional and statutory obligations. 
The commission shall work to ensure the delivery of indigent legal services by qualified 
and competent counsel in a manner that is fair and consistent throughout the State and to 
ensure adequate funding of a statewide system of indigent legal services, which must be 
provided and managed in a fiscally responsible manner, free from undue political 
interference and conflicts of interest.' 
Amend the amendment in Part A in section 1 by inserting after §416 the following: 
'§417. 
Dissolution of temporary community protection order on motion of 
restrained individual 
Notwithstanding any statutory provision to the contrary. upon 2 days' notice to the 
petitioner or upon such shorter notice as the court may order, a restrained individual may 
appear and move the dissolution of the temporary community protection order and, in that 
event. the court shall proceed to hear and determine the motion as expeditiously as the 
ends of justice require. At that hearing. the petitioner has the burden of justifying a 
finding in the temporary community protection order that the restrained individual has 
challenged by affidavit. This section may not be construed to abolish or limit any means. 
otherwise available by law. for obtaining dissolution. modification or discharge of an 
order.' 
Page I -128LR2943(06)-1 
SENATE AMENDMENT 
SENATE AMENDMENT "A" to COMMITTEE AMENDMENT "A" to S.P. 719, L.D. 1884 
Amend the amendment in Part A in section 1 in §421 by inserting at the end the 
following: 
'5. Representation of restrained individual. A restrained individual is entitled to 
legal counsel at a hearing CQnducted l?ursuant to this section. The restrained individual 
may request the court to appoint legal counsel for the restrained individual. The court, if 
it fmds the restrained individual indigent, shall appoint legal counsel for the restrained 
individual at public expense.' 
Amend the amendment in Part A in §424 in subsection 1 in the first line (page 6, line 
in amendment) by striking out the following: 
"after hearing" and inserting the 
following: 'by court' 
Amend the amendment in Part A in §424 in subsection 2 in the first line (page 6, line 
in amendment) by striking out the following: 
"after hearing" and inserting the 
following: 'on motion of restrained individual' 
Amend the amendment in Part C by inserting after section C-1 and before the 
summary the following: 
'Sec. C-2. Appropriations and allocations. The following appropriations and 
allocations are made. 
INDIGENT LEGAL SERVICES, MAINE COMMISSION ON 
Reserve for Indigent Legal Services N262 
Initiative: Allocates additional funds for the costs of indigent legal services. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2017-18 
$0 
$0 
2018-19 
$3,000 
$3,000 
Amend the amendment by relettering or renumbering any nonconsecutive Part letter 
or section number to read consecutively. 
SUMMARY 
This amendment provides that a restrained individual is entitled to legal counsel and 
authorizes restrained individuals to request the court to appoint legal counsel. Upon a 
finding of indigency, the court must appoint legal counsel at public expense. It adds 
representation of restrained individuals to the purposes of the Maine Commission on 
SENATE AMENDMENT 
SENATEAMENDMENT"A"to COMMITTEEAMENDMENT"A" to S.P. 719, L.D. 1884 
Indigent Legal Services. It authorizes a restrained individual to move for dissolution of a 
temporary community protection order. It clarifies subsection headnotes. It adds an 
appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
SPONSORED BY: it(fe! ~ 
(Senator CARPENTER) 
COUNTY: Aroostook 
SENATE AMENDMENT 
Approved: 04/18/18 feac:.. 
LD 1884 
LR 2943(06) 
An Act To Create a Community Protection Order To Allow Courts To Prevent High-risk Individuals 
from Possessing Firearms 
Fiscal Note for Senate Amendment ''A" to Committee Amendment 'A" 
Sponsor: Sen. Carpenter of Aroostook 
Appropriations/Allocations 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2017-18 
FY 2018-19 
$0 
$3,000 
Projections 
FY 2019-20 
$3,000 
Projections 
FY 2020-21 
$3,000 
Adds an ongoing Other Special Revenue Funds allocation of $3,000 in fiscal year 2018-19 to the Maine Commission 
on Indigent Legal Services for the additional costs resulting from this amendment. 
LR2943(06) - Fiscal Note - Page 1 of 1