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 Amendment CA_A_H175 (House)
Amends: 17-A MRSA §207-A, 17-A MRSA §209-A, 17-A MRSA §210-B, 17-A MRSA §210-C, 17-A MRSA §211-A, 19-A MRSA §4002, 19-A MRSA §4011, 19-A MRSA §4012

COMMITTEE AMENDMENT .. fl" to H.P. 19, L.D. 18, Bill, "An Act To Ensure 
Proper Prosecution of Crimes Involving Domestic Violence and Enhance Protection of 
Victims of Domestic Violence" 
Amend the bill by striking out everything after the enacting clause and before the 
emergency clause and inserting the following: 
'Sec. 1. 17-A MRSA §207-A, sub-§1, ,n, as amended by PL 2017, c. 432, Pt. D, 
§ 1, is further amended to read: 
B. The person violates paragraph A and at the time of the offense: 
(1) Has one or more prior convictions for violating paragraph A or for violating 
section 208-D, 208-E, 208-F, 209-A, 210-B, 210-C or 211-A or one or more prior 
convictions for engaging in conduct substantially similar to that contained in 
paragraph A or in section 208-D, 208-E, 208-F, 209-A, 210-B, 210-C or 211-A in 
another jurisdiction; 
(2) Has one or more prior convictions for violating Title 19-A, section 4011, 
subsection 1 or one or more prior convictions for engaging in conduct 
substantially similar to that contained in Title 19-A, section 4011, subsection 1 in 
another jurisdiction; 
(3) Has one or more prior convictions for violating Title 15, section 1092, 
subsection 1, paragraph B when the condition of release violated is specified in 
Title 15, section 1026, subsection 3, paragraph A, subparagraph (5) or (8) when 
the alleged victim in the case for which the defendant was on bail was a family or 
household member as defined in Title 19-A, section 4002, subsection 4; or 
(4) Has one or more prior convictions for violating section 208, 208-B or 208-C, 
and the State had pled and proved that the victim of the applicable prior 
conviction was a family or household member, as defined in Title 19-A, section 
4002, subsection 4, or has one or more prior convictions in another jurisdiction 
for engaging in conduct substantially similar to that contained in section 208, 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 19, L.D. 18 
208-B or 208-C and it had been pled and proved that the victim was a family or 
household member. 
Violation of this paragraph is a Class C crime. 
Sec. 2. 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 that person: 
A. Violates section 208, subsection 1, paragraph A and the victim is a family or 
household member as defined in Title 19-A, section 4002, subsection 4. Violation of 
this paragraph is a Class B crime; 
B. Violates section 208, subsection 1, paragraph A-1 and the victim is a family or 
household member as defined in Tit1e 19-A. section 4002, subsection 4. Violation of 
this paragraph is a Class A crime; 
C. Violates section 208, subsection 1, paragraph B and the victim is a family or 
household member as defined in Title 19-A, section 4002, subsection 4. Violation of 
this paragraph is a Class B crime; or 
D. Violates section 208, subsection 1, paragraph C and the victim is a family or 
household member as defined in Title 19-A. section 4002, subsection 4. Violation of 
this paragraph 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. 3. 17-A MRSA §209-A, sub-§1, ~' as amended by PL 2017, c. 432, Pt. D, 
§2, is further amended to read: 
B. The person violates paragraph A and at the time of the offense: 
(1) Has one or more prior convictions for violating paragraph A or for violating 
section 207-A, 208-D, 208-E, 208-F, 210-B, 210-C or 211-A or one or more prior 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENT'~"toH.P. 19,L.D. 18 
convictions for engaging in conduct substantially similar to that contained in 
paragraph A or in section 207-A; 208-D, 208-E, 208-F, 210-B, 210-C or 211-A in 
another jurisdiction; 
(2) Has one or more prior convictions for violating Title 19-A, section 4011, 
subsection 1 or one or more prior convictions for engaging in conduct 
substantially similar to that contained in Title 19-A, section 4011, subsection 1 in 
another jurisdiction; 
(3) Has one or more prior convictions for violating Title 15, section 1092, 
subsection 1, paragraph B when the condition of release violated is specified in 
Title 15, section 1026, subsection 3, paragraph A, subparagraph (5) or (8) when 
the alleged victim in the case for which the defendant was on bail was a family or 
household member as defined in Title 19-A, section 4002, subsection 4; or 
(4) Has one or more prior convictions for violating section 208, 208-B or 208-C, 
and the State had pled and proved that the victim of the applicable prior 
conviction was a family or household member, as defined in Title 19-A, section 
4002, subsection 4, or has one or more prior convictions in another jurisdiction 
for engaging in conduct substantially similar to that contained in section 208, 
208-B or 208-C and it had been pled and proved that the victim was a family or 
household member. 
Violation of this paragraph is a Class C crime. 
Sec. 4. 17-A MRSA §210-B, sub-§1, ~, as amended by PL 2017, c. 432, Pt. D, 
§3, is futther amended to read: 
B. The person violates paragraph A and at the time of the offense: 
(1) Has one or more prior convictions for violating paragraph A or for violating 
section 207-A, 208-D, 208-E. 208-F, 209-A, 210-C or 211-A or one or more 
prior convictions for engaging in conduct substantially similar to that contained 
in paragraph A or in section 207-A, 208-D. 208-E. 208..P. 209-A, 210-C or 
211-A in another jurisdiction; 
(2) Has one or more prior convictions for violating Title 19-A, section 4011, 
subsection 1 or one or more prior convictions for engaging in conduct 
substantially similar to that contained in Title 19-A, section 4011, subsection 1 in 
another jurisdiction; 
· 
(3) Has one or more prior convictions for violating Title 15, section 1092, 
subsection 1, paragraph B wheri the condition of release violated is specified in 
Title 15, section 1026, subsection 3, paragraph A, subparagraph (5) or (8) when 
the alleged victim in the case fo1' which the defendant was on bail was a family or 
household member as defined in Title 19-A, section 4002, subsection 4; or 
(4) Has one or more prior convictions for violating section 208, 208-B or 208-C, 
and the State had pled and proved that the victim of the applicable prior 
conviction was a family or household member, as defined in Title 19-A, section 
4002, subsection 4, or has one or more prior convictions in another jurisdiction 
for engaging in conduct substantially similar to that contained in section 208, 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "!l" to H.P. 19, L.D. 18 
208-B or 208-C and it had been, pled and proved that the victim was a family or 
household member. 
Violation of this paragraph is a Class C crime. 
Sec. 5. 17-A MRSA §210-C, sub-§1, 18, as amended by PL 2017, c. 432, Pt. D, 
§4, is further amended to read: 
B. The person violates paragraph A and at the time of the offense: 
(1) Has one or more prior convictions for violating paragraph A or for violating 
section 207-A, 208-D, 208-E, 208-F, 209-A, 210-B or 211-A or one or more 
prior convictions for engaging in conduct substantially similar to that contained 
in paragraph A or in section 207-A, 208-D, 208-E, 208-F, 209-A, 210-B or 
211-A in another jurisdiction; 
(2) Has one or more prior convictions for violating Title 19-A, section 4011, 
subsection 1 or one or more prior convictions for engaging in conduct 
substantially similar to that contained in Title 19-A, section 4011, subsection 1 in 
another jurisdiction; 
(3) Has one or more prior convictions for violating Title 15, section 1092, 
subsection 1, paragraph B when the condition of release violated is specified in 
Title 15, section 1026, subsection 3, paragraph A, subparagraph (5) or (8) when 
the alleged victim in the case for which the defendant was on bail was a family or 
household member as defined in Title 19-A, section 4002, subsection 4; or 
(4) Has one or more prior convictions for violating section 208, 208-B or 208-C, 
and the State had pled and proved that the victim of the applicable prior 
conviction was a family or household member, as defined in Title 19-A, section 
4002, subsection 4, or has one or more prior convictions in another jurisdiction 
for engaging in conduct substantially similar to that contained in section 208, 
208-B or 208-C and it had been pled and proved that the victim was a family or 
household member. 
Violation of this paragraph is a Class C crime. 
Sec. 6. 17-A MRSA §211-A, sub-§1, 18, as amended by PL 2017, c. 432, Pt. D, 
§5, is further amended to read: 
B. The person violates paragraph A and at the time of the offense: 
(1) Has one or more prior convictions for violating paragraph A or for violating 
section 207-A, 208-D, 208-E, 208-F, 209-A, 210-B or 210-C or one or more prior 
convictions for engaging in conduct substantially similar to that contained in 
paragraph A or in section 207-A, 208-D, 208-E, 208-F, 209-A, 210-B or 210-C in 
another jurisdiction; 
(2) Has one or more prior convictions for violating Title 19-A, section 4011, 
subsection 1 or one or more prior convictions for engaging in conduct 
substantially similar to that contained in Title 19-A, section 4011, subsection 1 in 
another jurisdiction; 
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COMMITTEE AMENDMENT "A" to H.P. 19,L.D, 18 
(3) Has one or more prior convictions for violating Title 15, section 1092, 
subsection 1, paragraph B when the condition of release violated is specified in 
Title 15, section 1026, subsection 3, paragraph A, subparagraph (5) or (8) when 
the alleged victim in the case for which the defendant was on bail was a family or 
household member as defined in Title 19-A, section 4002, subsection 4; or 
(4) Has one or more prior convictions for violating section 208, 208-B or 208-C, 
and the State had pled and proved that the victim of the applicable prior 
conviction was a family or household member, as defined in Title 19-A, section 
4002, subsection 4, or has one or more prior convictions in another jurisdiction 
for engaging in conduct substantially similar to that contained in section 208, 
208-B or 208-C and it had been pled and proved that the victim was a family or 
household member. 
Violation of this paragraph is a Class C crime. 
Sec. 7. 19-A MRSA §4002, sub-§4, as amended by PL 2015, c. 296, Pt. C, §24 
and affected by Pt. D, §1, is further amended to read: 
4. Family or household members. "Family or household members" means spouses 
or domestic partners or fo1mer spouses or former domestic partners, individuals presently 
or formerly living together as spouses, parents of the same child, adult household 
members related by consanguinity or affinity or minor children of a household member 
when the defendant is an adult household member and, for the purposes of Title 15, 
section 1023, subsection 4, paragraph B:..l and Title 15, section 1094-B, this chapter and 
Title 17-A, sections 15, 207-A, 208-D, 208-E, 208-F, 209-A, 210-B, 210-C, 211-A, 1201, 
1202 and 1253 only, includes individuals presently or formerly living together and 
individuals who are or were sexual partners. Holding oneself out to be a spouse is not 
necessary to constitute "living as spouses." 
For purposes of this subsection, "domestic 
partners" means 2 unmarried adults who are domiciled together under long-term 
arrangements that evidence a commitment to remain responsible indefinitely for each 
other1s welfare. 
Sec. 8. 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 2 or more convictions 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. 
Sec. 9. 19-A MRSA §4012, sub-§5, as enacted by PL 1995, c. 694, Pt. B, §2 and 
affected by Pt. E, §2, is amended to read: 
5. Arrest in certain situations. When a law enforcement officer has probable cause 
to believe that there has been a criminal violation under section 4011 of a court-approved 
consent agreement or a protection order issued pursuant to this chapter or Title 15, 
chapter 12-A, or that a violation of Title 17-A, section 208 has oocurred bet'iveen 
members of the same family or household 208-D, 208-E, 208-F has occurred, that 
enforcement officer shall arrest and take _into custody the alleged offender.
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
COMMITTEE AMENDMENT 
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COMMITTEEAMENDMENT"A"toH.P. 19,L.D. 18 
SUMMARY 
This amendment amends the bill by changing the crime of domestic violence 
aggravated assault to create the Class A variant of aggravated assault that is consistent 
with the existing crime of Class A aggravated assault under the Maine Revised Statutes, 
Title 17-A section 208, subsection 1, paragraph A-1, when the defendant causes bodily 
injmy to another that causes serious, permanent disfigurement or loss or substantial 
impairment of the function of any bodily member or organ. The amendment adds the 
newly created crimes of domestic violence aggravated assault, domestic violence elevated 
aggravated assault and domestic violence elevated aggravated assault on a pregnant 
person to the predicates that may be used to elevate existing domestic violence crimes. 
The amendment also adds reference to the newly created crimes of domestic violence 
aggravated assault, domestic violence elevated aggravated assault and domestic violence 
elevated aggravated assault on a pregnant person to the definition of "family or household 
members" under Title 19-A, chapter 101, which concerns protection from abuse. The 
amendment makes one nonsubstantive, grammatical correction to the provision of the bill 
on repeat violations under the protection from abuse law. The amendment adds the 
newly created crimes of domestic violence aggravated assault, domestic violence elevated 
aggravated assault and domestic violence elevated aggravated assault on a pregnant 
person to the mandat01y arrest provisions of Title 19-A, section 4012, subsection 5 and 
repeals reference to a violation of Title 17-A, section 208 that has occurred between 
members of the same family or household as unnecessary following inclusion in the 
subsection of the newly created crimes. 
FISCAL :KOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 04/10/19 feac 
LD18 
LR 129(02) 
An Act To Ensure Proper Prosecution of Crimes Involving Domestic Violence and Enhance Protection 
of Victims of Domestic Violence 
-\ 
Fiscal Note for Bill as Amended by Committee Amendment ,/1i { /I-! }SJ 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - General Fund 
Minor revenue increase - General Fund 
Minor revenue increase - Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
The bill establishes new Class A and B crimes regarding domestic violence aggravated assault. These new crimes are 
variants of existing aggravated assault crimes which have the same class and no additional costs are anticipated from 
these provisions. 
The bill also adds these newly created domestic violence aggravated assault crimes to the predicates that may elevate 
a Class D crime of domestic violence to a Class C crime. The Maine Commission on Indigent Legal Services has 
indicated that this could increase costs to the commission by minor amounts in future biennia. The elevation of a 
Class D crime to a Class C will increase costs to the Department of Conections (DOC) since Class D sentences are 
served in county jails and Class Care longer and are served in state facilities. Each conviction elevated to a Class C 
costs DOC $44,106 for a one year sentence. 
Also, the bill establishes a new Class C crime for a person who violates a protection from abuse order for the third 
time. In fiscal year 2017-18 there were 797 charges for violations of protective orders brought in 720 cases, indicating 
that some cases include more than one violation. Again, each Class C conviction costs DOC $44, 106 for a one year 
sentence. 
The additional workload associated with the minimal number of new cases filed does not require additional funding at 
this time for the courts. The collection of additional fine revenue will increase General Fund and dedicated revenue by 
minor amounts. 
LRO 129(02) - Fiscal Note - Page 1 of 1