An Act To Ensure Proper Prosecution of Crimes Involving Domestic Violence and Enhance Protection of Victims of Domestic Violence
Maine Legislature, Session 129, LD 0018
Committee: Criminal Justice and Public Safety
Sponsors: RECKITT, CARPENTER, BAILEY, COREY, FAY, PERRY, TALBOT ROSS, TEPLER, TERRY
Amends: 19-A MRSA §4011

Legislative Document
No. 18
H.P. 19
House of Representatives, January 2, 2019
An Act To Ensure Proper Prosecution of Crimes Involving Domestic 
Violence and Enhance Protection of Victims of 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 CARPENTER of Aroostook and
Representatives: BAILEY of Saco, COREY of Windham, FAY of Raymond, McCREIGHT of 
Harpswell, PERRY of Calais, TALBOT ROSS of Portland, TEPLER of Topsham, TERRY of 
Gorham.
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, to ensure the necessary and proper prosecution of crimes in the State 
involving domestic violence and to enhance the protection of victims of domestic 
violence from their abusers, this legislation must take effect immediately; 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 enacted by the People of the State of Maine as follows:
Sec. 1.  17-A MRSA §§208-D, 208-E and 208-F are enacted to read:
§208-D.  Domestic violence aggravated assault
1.  A person is guilty of domestic violence aggravated assault if:
A.  The person violates section 208; and
B.  The victim is a family or household member as defined in Title 19-A, section 
4002, subsection 4.
2.  Violation of this section is a Class B crime.
§208-E.  Domestic violence elevated aggravated assault
1.  A person is guilty of domestic violence elevated aggravated assault if:
A.  The person violates section 208-B; and
B.  The victim is a family or household member as defined in Title 19-A, section 
4002, subsection 4.
2.  Violation of this section is a Class A crime.
§208-F.  Domestic violence elevated aggravated assault on pregnant person
1.  A person is guilty of domestic violence elevated aggravated assault on a pregnant 
person if:
A.  The person violates section 208-C; and
B.  The victim is a family or household member as defined in Title 19-A, section 
4002, subsection 4.
2.  Violation of this section is a Class A crime.
Sec. 2.  19-A MRSA §4011, sub-§5 is enacted to read:
5.  Repeat violations.  A person who commits a violation under subsection 1 and has 
or more prior convictions under subsection 1 or for engaging in substantially similar 
conduct in another jurisdiction commits a Class C crime.  Title 17-A, section 9-A governs 
the use of prior convictions when determining a sentence.
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved.
SUMMARY
This bill creates the crimes of domestic violence aggravated assault, domestic 
violence elevated aggravated assault and domestic violence elevated aggravated assault 
on a pregnant person.  The bill also makes violation of a protection from abuse order a 
Class C crime if the person has 2 or more prior convictions for violating a protection from 
abuse order.