An Act To Enhance the Prevention of and Response to Sexual Assault and Sexual Harassment in the Maine National Guard
Maine Legislature, Session 130, LD 2029
Committee: Veterans and Legal Affairs
Amends: 5 MRSA §12004-I, 37-B MRSA §12, 17-A MRSA §506-A, 19-A MRSA §4013, 37-B MRSA §3

Legislative Document
No. 2029
H.P. 1511
House of Representatives, March 22, 2022
An Act To Enhance the Prevention of and Response to Sexual 
Assault and Sexual Harassment in the Maine National Guard
Reported by Representative CAIAZZO of Scarborough for the Joint Standing Committee 
on Veterans and Legal Affairs pursuant to Resolve 2021, chapter 21, section 2.
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed 
pursuant to Joint Rule 218.
ROBERT B. HUNT
Clerk
Be it enacted by the People of the State of Maine as follows:
PART A
Sec. A-1.  Independent review of Maine National Guard policies and 
procedures; report.  The Adjutant General shall request that the United States National 
Guard Bureau, Office of Complex Investigations thoroughly review the manner in which 
reports of sexual assault are investigated, prosecuted and adjudicated by the Maine Army 
National Guard and the Maine Air National Guard, referred to in this section as "the Maine 
National Guard."  If the Adjutant General is unable to secure the assistance of the Office 
of Complex Investigations, the Adjutant General shall contract with an independent agency 
experienced in evaluating military sexual violence prevention and response to conduct the 
review.  To the extent requested by the Office of Complex Investigations or the independent 
agency, the Adjutant General shall, to the greatest extent allowed under state and federal 
law and in a manner that protects the privacy of victims, provide the office or the agency 
access to all Maine National Guard policies, procedures and records related to sexual 
assault and sexual harassment, the results of climate command surveys and unit risk 
inventory surveys and any other materials requested by the office or the agency.  The 
Adjutant General shall direct all members of the Maine National Guard to cooperate fully 
with the review, except that no victim of sexual assault or sexual harassment may be 
required to participate.  The Adjutant General shall submit a copy of the report prepared by 
the Office of Complex Investigations or the independent agency, including the findings and 
recommendations for improving Maine National Guard policies, practices and procedures 
related to sexual assault and sexual harassment, to the joint standing committee of the 
Legislature having jurisdiction over veterans affairs by February 15, 2023.  The joint 
standing committee of the Legislature having jurisdiction over veterans affairs may report 
out legislation regarding the subject matter of the report to the 131st Legislature in 2023.
PART B
Sec. B-1.  5 MRSA §12004-I, sub-§5-E is enacted to read:
5-E.   
Defense, 
Veterans and 
Emergency 
Management 
Advisory Council on Sexual Trauma in 
the Maine National Guard
Expenses Only 
37-B MRSA 
§12 
Sec. B-2.  17-A MRSA §506-A, sub-§1, ¶A, as amended by PL 2009, c. 246, §1, 
is further amended by amending subparagraph (1), division (b) to read:
(b)  A court in a protective order issued under Title 5, section 4654 or 4655 or 
Title 19‑A, section 4006 or 4007; or
Sec. B-3.  17-A MRSA §506-A, sub-§1, ¶A, as amended by PL 2009, c. 246, §1, 
is further amended by amending subparagraph (2) to read:
(2)  If the person is an adult in the custody or under the supervision of the 
Department of Corrections, after having been forbidden to engage in such conduct 
by the Commissioner of Corrections, the chief administrative officer of the facility, 
the correctional administrator for the region or their designees.; or
Sec. B-4.  17-A MRSA §506-A, sub-§1, ¶A, as amended by PL 2009, c. 246, §1, 
is further amended by enacting a new subparagraph (3) to read:
(3)  After having been notified, in writing or otherwise, while the person was a 
member of the National Guard, not to engage in such conduct by a commanding 
officer.  A person violates this subparagraph regardless of whether the person is a 
member of the National Guard when the person engages in the conduct and 
regardless of where the conduct occurs.  The notification not to engage in such 
conduct expires one year from the date of issuance.
Sec. B-5.  17-A MRSA §506-A, sub-§3, as enacted by PL 1991, c. 566, §3, is 
amended to read:
3.   For the purposes of this section, "immediate family" means spouse, parent, child, 
sibling, stepchild and stepparent, "National Guard" has the same meaning as in Title 37-B, 
section 102, subsection 1 and "commanding officer" has the same meaning as in Title 37-B, 
section 402, subsection 4.
Sec. B-6.  19-A MRSA §4013, sub-§1, ¶A, as amended by PL 2021, c. 174, §9, is 
further amended by amending subparagraph (15) to read:
(15)  One member, appointed by the Governor, who is a representative of a tribal 
court; and
Sec. B-7.  19-A MRSA §4013, sub-§1, ¶A, as amended by PL 2021, c. 174, §9, is 
further amended by amending subparagraph (16) to read:
(16)  One member, appointed by the Governor, who is a representative of tribal 
government.; and
Sec. B-8.  19-A MRSA §4013, sub-§1, ¶A, as amended by PL 2021, c. 174, §9, is 
further amended by enacting a new subparagraph (17) to read:
(17)  One member, appointed by the Adjutant General, who is a representative of 
the National Guard, as defined in Title 37-B, section 102, subsection 1, with 
experience in sexual assault response within the National Guard.
Sec. B-9.  37-B MRSA §3, sub-§1, ¶D, as repealed and replaced by PL 2017, c. 
475, Pt. A, §63 and amended by PL 2019, c. 377, §6, is further amended by enacting a new 
subparagraph (24) to read:
(24)  The Adjutant General shall provide current and former members of the 
National Guard who were the victims of sexual assault or sexual harassment while 
members of the National Guard and who are involved in state criminal or civil 
court proceedings or proceedings under the Maine Code of Military Justice related 
to the sexual assault or sexual harassment with financial assistance to fully cover 
the expenses of traveling to and from and participating in those proceedings.
Sec. B-10.  37-B MRSA §3, sub-§1, ¶D, as repealed and replaced by PL 2017, c. 
475, Pt. A, §63 and amended by PL 2019, c. 377, §6, is further amended by enacting a new 
subparagraph (25) to read:
(25)  The Adjutant General shall enter into a cooperative agreement with a 
statewide coalition against sexual assault for the provision of advocacy and support 
services to members of the National Guard and their family members who are 
victims of sexual assault or sexual harassment, including the establishment of a 
process for individuals to request that the coalition report incidents of sexual 
assault or sexual harassment within the National Guard to the Adjutant General 
without revealing the identity of the victim. The cooperative agreement must 
require the Adjutant General and relevant staff of the National Guard to provide to 
the coalition information regarding the unique needs of victims who are members 
of the National Guard and their families and, to the greatest extent allowed under 
state and federal law and in a manner that protects the privacy of victims, access to 
all National Guard policies, procedures and records related to sexual assault and 
sexual harassment, the results of climate command surveys and unit risk inventory 
surveys and any other materials requested by the coalition.  The Adjutant General 
shall direct all members of the National Guard to cooperate fully with the coalition, 
except that no victim of sexual assault or sexual harassment may be required to 
participate. The Adjutant General shall request that the coalition submit, by 
February 15, 2023 and annually thereafter, a report to the joint standing committee 
of the Legislature having jurisdiction over veterans affairs summarizing the 
coalition's recommendations, if any, related to the prevention of and appropriate 
response to sexual assault and sexual harassment within the National Guard. After 
reviewing the report, the committee may report out legislation related to the report.
Sec. B-11.  37-B MRSA §3, sub-§1, ¶D, as repealed and replaced by PL 2017, c. 
475, Pt. A, §63 and amended by PL 2019, c. 377, §6, is further amended by enacting a new 
subparagraph (26) to read:
(26)  By February 15, 2023 and annually thereafter, the Adjutant General shall, in 
consultation with the statewide coalition against sexual assault with which a 
cooperative agreement has been entered into under subparagraph (25), submit a 
report to the joint standing committee of the Legislature having jurisdiction over 
veterans affairs containing:
(a)  Data regarding all reported incidents of sexual assault and sexual 
harassment within the National Guard in each of the preceding 10 years, 
including information on the current duty status of victims and the outcome of 
any state or federal criminal or Maine Code of Military Justice proceedings 
arising out of such incidents, to the extent that the sharing of such data and 
information is not prohibited by federal law and can be presented in a way that 
does not identify, and that cannot be used with other information to identify, 
any victim of sexual assault or sexual harassment;
(b)  A description of all sexual assault and sexual harassment prevention 
training provided to members of the National Guard in the preceding year;
(c)  A description of the current practices and procedures for the prevention of 
sexual assault and sexual harassment and investigation of and disciplinary 
actions taken in response to reports of sexual assault and sexual harassment in 
the National Guard; and
(d)  A summary of the activities of the Advisory Council on Sexual Trauma in 
the Maine National Guard under section 12 during the preceding year.
After reviewing the report, the committee may report out legislation related to the 
report.
Sec. B-12.  37-B MRSA §12 is enacted to read:
§12.  Advisory Council on Sexual Trauma in the Maine National Guard
The Governor, in consultation with the Adjutant General, shall convene the Advisory 
Council on Sexual Trauma in the Maine National Guard, established in Title 5, section 
12004-I, subsection 5-E, consisting of representatives of the Maine Army National Guard, 
the Maine Air National Guard and the Maine Bureau of Veterans' Services; a district 
attorney with experience prosecuting sexual assault cases; a representative of a statewide 
coalition for the prevention of sexual assault or sexual harassment; a representative of a 
statewide coalition or organization that provides services to victims of sexual assault or 
sexual harassment; and an individual or individuals who are survivors of sexual assault or 
sexual harassment that occurred while the individual or individuals were members of the 
Maine National Guard.  The advisory council shall review best practices for the prevention 
of and response to sexual assault and sexual harassment within a military environment, 
including best practices for assisting state and local law enforcement with the prosecution 
of offenders, and shall compile a directory of resources available to assist victims of sexual 
assault or sexual harassment who are current or former members of the Maine National 
Guard.
SUMMARY
This bill is reported out by the Joint Standing Committee on Veterans and Legal Affairs 
pursuant to Resolve 2021, chapter 21.
Part A of the bill requires the Adjutant General to provide for a thorough review of the 
manner in which reports of sexual assault are investigated, prosecuted and adjudicated by 
the Maine Army National Guard and the Maine Air National Guard, referred to in this 
summary as "the Maine National Guard," to be performed either by the United States 
National Guard Bureau, Office of Complex Investigations or by an independent agency 
experienced in evaluating military sexual violence prevention and response.  The Adjutant 
General must submit a copy of the report resulting from the review to the joint standing 
committee of the Legislature having jurisdiction over veterans affairs by February 15, 
2023.  The committee may report out legislation regarding the subject matter of the report 
to the 131st Legislature in 2023.
Part B of the bill:
1.  Amends the crime of harassment to provide that a person is guilty of harassment if 
the person engages in any course of conduct with the intent to harass, torment or threaten 
another person and during the previous year the person, while a member of the Maine 
National Guard, was notified, in writing or otherwise, not to engage in such conduct by a 
commanding officer, regardless of whether the person remains a member of the state 
military forces when the conduct occurs and regardless of where the conduct occurs; 
2. Adds a member of the Maine National Guard with experience in sexual assault 
response to the Maine Commission on Domestic and Sexual Abuse; 
3. Directs the Governor and the Adjutant General to convene the Advisory Council on 
Sexual Trauma in the Maine National Guard to review best practices for the prevention of 
and response to sexual assault and sexual harassment within the Maine National Guard, 
including best practices for assisting state and local law enforcement with the prosecution 
of offenders, and to compile a directory of all resources available to assist victims of sexual 
assault or sexual harassment who are current or former members of the Maine National 
Guard;
4. Requires the Adjutant General to provide current and former members of the Maine 
National Guard who were victims of sexual assault or sexual harassment while members 
of the Maine National Guard with financial assistance to cover the expenses of traveling to 
and from and participating in state criminal or civil court proceedings or proceedings under 
the Maine Code of Military Justice related to the sexual assault or sexual harassment;
5. Requires the Adjutant General to enter into a cooperative agreement with a statewide 
coalition against sexual assault for the provision of advocacy and support services to 
members of the Maine National Guard and their family members who are victims of sexual 
assault or sexual harassment, including a method for such individuals to make anonymous 
reports of sexual assault or sexual harassment to the Adjutant General; and
6. Requires the Adjutant General to submit an annual report to the joint standing 
committee of the Legislature having jurisdiction over veterans affairs containing specific 
data regarding reported incidents of sexual assault or sexual harassment within the Maine 
National Guard, to the extent permitted by federal law and in a manner that does not reveal 
the identity of victims; a description of all sexual assault and sexual harassment prevention 
training provided during the previous year; a description of the current practices and 
procedures for the prevention of sexual assault and sexual harassment and investigation of 
and disciplinary actions taken in response to reports of sexual assault and sexual harassment 
in the Maine National Guard; and a summary of the activities of the Advisory Council on 
Sexual Trauma in the Maine National Guard.