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 Amendment CA_A_H974 (House)
Amends: 5 MRSA §4653, 19-A MRSA §4013, 37-B MRSA §3, 37-B MRSA §463

COMMITTEE AMENDMENT "fl" to H.P. 1511, L.D. 2029, "An Act To Enhance 
the Prevention of and Response to Sexual Assault and Sexual Harassment in the Maine 
National Guard" 
Amend the bill in Part A by striking out all of section 1 and inserting the following: 
'Sec. A-1. Review; report. The Attorney General shall review the manner in which 
law enforcement agencies and prosecutors within the State investigated and prosecuted 
allegations of sexual assault or the crime of harassment, as defined in the Maine Revised 
Statutes, Title 17-A, section 506-A, by members of the Maine National Guard against other 
members of the Maine National Guard during the 5-year period ending on March 31, 2022. 
For purposes of this section, "Maine National Guard" includes both the Maine Air National 
Guard and the Maine Army National Guard. At a minimum, the review must include an 
examination of: 
1. 
The nature of each allegation, including information that was available and 
unavailable to the law enforcement agency at the outset of and during the course of 
investigation; 
2. 
Whether the allegation was adequately and properly investigated by the law 
enforcement agency; 
3. Whether the results of the law enforcement agency's investigation were 
communicated to the appropriate prosecutorial office and whether appropriate action was 
taken by that prosecutorial office; and 
4. Whether the results of the law enforcement agency's investigation and the 
prosecution, if any, were communicated to the relevant officials within the Maine National 
Guard, if requested and appropriate. 
By February 15, 2023, the Attorney General shall submit a report to the joint standing 
committee of the Legislature having jurisdiction over veterans affairs summarizing the 
results of the review and including recommendations for improving the process by which 
law enforcement agencies and prosecutors investigate and prosecute allegations of sexual 
assault and the crime of harassment between members of the Maine National Guard in the 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. ;r,, to H.P. 1511, L.D. 2029 
future. The committee may report out legislation regarding the subject matter of the report 
to the 131st Legislature in 2023.' 
Amend the bill in Part B by striking out all of section 1 and inserting the following: 
'Sec. B-1. 5 MRSA §4653, sub-§1, ,r.B, as amended by PL 2019, c. 359, §1, is 
further amended to read: 
B. If the alleged harassment does not meet the definition in section 4651, subsection 
2, paragraph C or is not related to an allegation of domestic violence, violence against 
a dating partner, sexual assault, stalking or harassment as described in Title 17-A, 
section 506, subsection 1, paragraph A-1 or A-2, a copy of a notice to stop harassing 
the plaintiff issued to the defendant pursuant to Title 17-A, section 506-A, subsection 
1, paragraph A, subparagraph (1), division (a) or subparagraph (3) or a statement of 
good cause why such a notice was not sought or obtained. The court has discretion, 
based on the nature of the allegations as well as any further inquiry that the court may 
make of the plaintiff, to issue an order even if notice to stop harassing the plaintiff has 
not been issued to the defendant as described in Title 17-A, section 506-A, subsection 
1, paragraph A, subparagraph (1), division (a) or subparagraph (3).' 
Amend the bill in Part B by inserting after section 5 the following: 
'Sec. B-6. 19-A MRSA §4013, sub-§1, 1A, as amended by PL 2021, c. 174, §9, 
is further amended by amending subparagraph (10) to read: 
(10) Up to 41 members-at-large, appointed by the Governor;' 
Amend the bill in Part B by striking out all of section 8 and inserting the following: 
'Sec. B-8. 19-A MRSA §4013, sub-§1, 1A, 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 Governor, who is a member of the military 
community with experience in sexual assault response.' 
Amend the bill in Part B in section 9 in subparagraph (24) in the 3rd and 4th lines (page 
2, lines 33 and 34 in L.D.) by striking out the following: 
11state criminal or civil court 
proceedings or proceedings under the Maine Code of Military Justice
and inserting the 
following: 'administrative or Maine Code of Military Justice proceedings' 
Amend the bill in Part B by striking out all of sections 10, 11 and 12 and inserting the 
following: 
'Sec. B-10. 37-B MRSA §3, sub-§1, ~, 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 anew 
subparagraph (25) to read: 
(25) By February 15, 2023 and annually thereafter. the Adjutant General shall 
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 
COMMITTEE AMENDMENT 
c; 
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COMMITTEE AMENDMENT "II-" to H.P. 1511, L.D. 2029 
information is not prohibited by federal law or federal regulation 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. If 
necessary to protect the identity of victims of sexual assault or sexual 
harassment, the Adjutant General may submit a summary of specific items of 
data or information required to be included in the report; 
(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 during the preceding year of any advisory 
council or special study group convened by the Governor or the department or 
in which officials of the department have been asked to participate whose 
duties involve, at least in part, examining or making recommendations 
regarding the prevention of or the response to sexual assault and sexual 
harassment in the National Guard or, if no advisory council or special study 
group with such duties engaged in activities during the preceding year, a 
statement to that effect. 
After reviewing the report, the committee may report out legislation related to the 
report. 
Sec. B-11. 37-B MRSA §463 is enacted to read: 
§463. Harassment 
1. Prohibition; criminal harassment. Any person subject to this Code who commits 
an offense prohibited under Title 17-A, • section 5 06-A is guilty of that offense under this 
Code. 
2. Punishment. Any person found guilty of an offense prohibited under Title 17-A, 
section 506-A must be punished as a court-martial may direct. 
Sec. B-12. Maine Commission on Domestic and Sexual Abuse; transition. 
Notwithstanding the Maine Revised Statutes, Title 19-A, section 4013, subsection 1, 
paragraph A, the members of the Maine Commission on Domestic and Sexual Abuse 
serving immediately prior to the effective date of this Act continue to serve as members of 
the commission for the terms for which they were appointed until the Governor appoints 
their successors. 
Sec. B-13. Report by Adjutant General. The Adjutant General shall include in 
the report required by the Maine Revised Statutes, Title 37-B, section 3, subsection 1, 
paragraph D, subparagraph (25) due February 15, 2023 the following additional 
information: 
1. A copy of any report prepared by the United States National Guard Bureau, Office 
of Complex Investigations regarding any evaluation of the Maine National Guard's policies 
and procedures with respect to sexual· assault prevention and response, sexual assault 
investigations and sexual harassment and equal opportunity programs or, if no report is 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "ff' to H.P. 1511, L.D. 2029 
available, an update on the progress of any related evaluation in the process of being 
conducted by the Office of Complex Investigations; and 
2. A copy of any report submitted to the Governor by the Advisory Council on Military 
Sexual Trauma established by the Governor in Executive Order 1 FY 21/22.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment makes the following changes to the bill. 
1. It removes the provision of the bill directing the Adjutant General to request that 
the United States National Guard Bureau, Office of Complex Investigations conduct a 
review of the manner in which reports of sexual assault are investigated, prosecuted and 
adjudicated by the Maine National Guard artd instead requires the Adjutant General to 
submit a copy of any report prepared by the Office of Complex Investigations related to 
sexual assault prevention and response, sexual assault investigations and sexual harassment 
and equal opportunity programs to the joint standing committee of the Legislature having 
jurisdiction over veterans affairs by February 15, 2023. 
2. It directs the Attorney General to review the manner in which law enforcement 
agencies and prosecutors within the State investigated and prosecuted allegations of sexual 
assault or the crime of harassment, as defmed in the Maine Revised Statutes, Title 17-A, 
section 506-A, by members of the Maine National Guard against other members of the 
Maine National Guard during the 5-year period ending on March 31, 2022 and to submit a 
report to the joint standing committee of the Legislature having jurisdiction over veterans 
affairs summarizing the results of the review by February 15, 2023. The committee may 
report out legislation regarding the subject matter of the report to the 131 st Legislature in 
2023. 
3. It replaces the provision of the bill requiring the Adjutant General to appoint to the 
Maine Commission on Domestic and Sexual Abuse a member of the Maine National Guard 
with experience in sexual assault response with a provision requiring the Governor to 
appoint to the commission a member of the military community with experience in sexual 
assault response. It also reduces from 4 to 3 the number of at-large members appointed by 
the Governor to serve on the commission, but provides that all currently appointed 
commission members may continue to serve as members of the commission for the 
remainder of their terms of appointment. 
4. It provides that a cease harassment notice issued to a member of the Maine National 
Guard by a commanding officer may, to the same extent as a cease harassment notice issued 
by a law enforcement officer, satisfy the requirements for initiating a court proceeding for 
protection from harassment. 
5. It 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 administrative or Maine Code of Military Justice proceedings 
related to the sexual assault or sexual harassment. Under the bill, this financial assistance 
would have also been provided to cover the expenses of traveling to and from and 
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COMMITTEE AMENDMENT"/(" to H.P. 1511, L.D. 2029 
participating in state criminal or civil court proceedings related to the sexual assault or 
sexual harassment. 
6. It removes the provisions of the bill that require the Adjutant General to enter into 
a cooperative agreement with a statewide coalition against sexual assault. 
7. It removes the provisions of the bill establishing the Advisory Council on Sexual 
Trauma in the Maine National Guard and requires the Adjutant General to submit by 
February 15, 2023 to the joint standing committee of the Legislature having jurisdiction 
over veterans affairs a copy of any report submitted to the Governor by the Advisory 
Council on Military Sexual Trauma established by the Governor in Executive Order 1 FY 
21/22. 
8. It adds the crime of harassment, as defined in the Maine Revised Statutes, Title 
17-A, section 506-A as a military offense for which discipline may be imposed under the 
Maine Code of Military Justice. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/05/22 ~ae 
LD 2029 
LR2672(02) 
An Act To Enhance the Prevention of and Response to Sexual Assault and Sexual Harassment in the 
Maine National Guard 
Fiscal Note for Bill as Amended by Committee Amendment (f..{fl ,...q7-f} 
Committee: Veterans and Legal Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
The additional workload associated with the minimal number of new cases filed in the court system does not requin 
additional funding at this time. The collection of additional fines may increase General Fund or other dedicated 
revenue by minor amounts. 
Fiscal Detail and Notes 
Additional costs to the Department of Defense, Veterans and Emergency Management associated with implementing 
this legislation can be absorbed within existing budgeted resources. 
LR2672(02) - Fiscal Note - Page 1 of 1