An Act to Enact the Crisis Intervention Order Act to Protect the Safety of the Public
Maine Legislature, Session 131, LD 2283
Committee Amendment CA_B_H977 (House)
Amends: 15 MRSA §393, 15 MRSA §1023, 34-B MRSA §3862

COMMITTEE AMENDMENT" s,, to H.P. 1470, L.D. 2283, "An Act to Enact the 
Crisis Intervention Order Act to Protect the Safety of the Public" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec, 1. 15 MRSA §393, sub-§1, 1E-3 is enacted to read: 
E-3. Is currently the subject of a crisis intervention order issued pursuant to Title 25. 
section 2244 or 2245. except that the prohibition applies to possession and control. not 
ownership. Violation of this paragraph is a Class D crime; 
Sec. 2. 15 MRSA §1023, sub-§4, ~-2 is enacted to read: 
B-2. Set preconviction bail for a defendant alleged to have committed a violation of 
section 393, subsection 1, paragraph E-3: 
Sec, 3. 17-AMRSA §15, sub-§1, 1A, as amended by PL 2023, c. 465, §1, is further 
amended by amending subparagraph (24) to read: 
(24) A Class D or Class E crime committed while released on preconviction or 
post-conviction bail; er 
Sec, 4. 17-AMRSA§15, sub-§1, 1A, as amended by PL 2023, c. 465, §1, is further 
amended by amending subparagraph (25) to read: 
(25) A violation of a condition of release from a community confinement 
monitoring program pursuant to Title 30-A, section 1659-A; aB:4 m: 
Sec. 5. 17-AMRSA§l5, sub-§1, 1A, as amended by PL 2023, c. 465, §1, is further 
amended by enacting a new subparagraph (26) to read: 
(26) A violation of a crisis intervention order issued pursuant to Title 25. section 
2244. subsection 3; and 
Sec. 6. 25 MRSA c. 261 is enacted to read: 
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CHAPTER261 
CRISIS INTERVENTION ORDER ACT 
§2241. Short title 
This chapter may be known and cited as "the Crisis Intervention Order Act. 
§2242. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. Court. "Court" means a District Court in this State. 
2. Crisis intervention order. "Crisis intervention order" means a written order issued 
pursuant to this chapter that prohibits and enjoins an individual from purchasing, 
possessing or receiving a dangerous weapon or having or attempting to have custody or 
control of a dangerous weapon. 
3. Dangerous weapon. "Dangerous weapon" has the same meaning as in Title 17-A, 
section 2, subsection 9, paragraph C, including a firearm as defined in Title 17-A, section 
2, subsection 12-A. 
4. Family or household member. "Family or household member" means a spouse or 
domestic partner of the respondent, a former spouse or former domestic partner of the 
respondent, an individual presently or formerly living with the respondent as a spouse of 
the respondent, a parent of a child of the respondent, an adult sibling of the respondent, an 
adult child of the respondent or an adult presently or formerly living with the respondent. 
5. Federally licensed firearm dealer. "Federally licensed firearm dealer" means a 
federally licensed firearm importer, federally licensed firearm manufacturer or federally 
licensed firearm dealer required to conduct a national instant criminal background check 
under 18 United States Code, Section 922(t). 
6. Law enforcement agency. "Law enforcement agency" means a state, county, 
tribal, municipal or University of Maine System law enforcement agency. "Law 
enforcement agency" does not include a federal law enforcement agency. 
7. Law enforcement officer. "Law enforcement officer" means an individual who by 
virtue of public employment is vested by law with the power to make arrests for crimes or 
serve criminal process, whether that power extends to all crimes or is limited to specific 
crimes, and who possesses a current and valid certificate issued by the Board of Trustees 
of the Maine Criminal Justice Academy pursuant to section 2803-A. "Law enforcement 
officer" does not include a federal law enforcement officer. 
8. Petition. "Petition" means a petition for a crisis intervention order filed pursuant to 
this chapter. 
9. Petitioner. "Petitioner" means a family or household member, a law enforcement 
·agency or a law enforcement officer who files a petition for a crisis intervention order 
pursuant to this chapter. 
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10. Respondent. "Respondent" means an individual named in a petition for a crisis 
intervention order filed pursuant to this chapter whose purchase, possession, receipt, 
custody or control of a dangerous weapon the petitioner seeks to restrain. 
§2243. Jurisdiction and venue 
1. Jurisdiction. The court has jurisdiction over proceedings under this chapter. 
2. Venue. A proceeding under this chapter must be commenced in the judicial division 
where the respondent resides. If a District Court Judge is not available in the division in 
which a motion requesting an emergency crisis intervention order is to be filed, the petition 
and motion may be presented to any other District Court Judge or to any Superior Court 
Justice who has the same authority as a District Court Judge to grant or deny the emergency 
crisis intervention order. 
§2244. Crisis intervention orders 
1. Petition. A family or household member, a law enforcement agency or a law 
enforcement officer may file a petition requesting that the court issue a crisis intervention 
order in accordance with this subsection. 
A. A petition filed pursuant to this subsection must allege that the respondent poses a 
significant danger of causing severe harm to the respondent or another person by 
purchasing. possessing or receiving a dangerous weapon or by having or attempting to 
have custody or control of a dangerous weapon. If the petitioner is a family or 
household member. a petition filed pursuant to this section must also allege that the 
family or household member has served as a 3rd-party informant under Title 34-B. 
section 3 862 requesting that a law enforcement officer take the respondent into 
protective custody and that the law enforcement officer was unable or unwilling to 
make a determination of whether to take the respondent into protective custody. 
B. A significant danger of causing severe harm to another person may be shown by 
establishing that: 
(1) The respondent has inflicted or attempted to inflict bodily harm on another 
person: 
(2) By the respondent's threats or actions, the respondent has placed another person 
in reasonable fear of physical harm: or 
(3) By the respondent's actions or inactions, the respondent has presented a danger 
to another person in the respondent's care. 
C. A significant danger of causing severe harm to the respondent may be shown by 
establishing that the respondent has threatened or attempted suicide or has threatened 
or attempted serious bodily harm. 
D. The petition must be supported by an affidavit or affidavits that: 
(1) States the specific facts establishing that the requirements in paragraph B or C 
have been met; 
(2) Identifies any dangerous weapon the petitioner believes to be in the 
respondent's possession, custody or control; 
(3) States whether the petitioner knows of an existing order issued with respect to 
the respondent under Title 5, section 4655 or Title 19-A, chapter 103, or a similar 
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order issued by a court of competent jurisdiction in the United States or another 
state, territory, commonwealth or federally recognized Indian tribe; and 
(4) Includes the following statement in bold type: "MAKING A MATERIAL 
FALSE STATEMENT IN THIS AFFIDAVIT MAY SUBJECT YOU TO 
PROSECUTION FOR A CLASS C CRIME UNDER THE MAINE REVISED 
STATUTES, TITLE 25, SECTION 2249." 
E. A court shall provide forms to a petitioner filing a petition, an affidavit and any 
other necessary documents. A court may not provide assistance in filling out a form 
provided pursuant to this paragraph, in drafting legal documents or by providing legal 
advice to a petitioner. The forms provided by the court under this paragraph must be 
uniform throughout the State and must include a summons and an affidavit for a crisis 
intervention order. The summons must include a section on which the petitioner may 
list the places where the respondent may be located or may be available to be served. 
F. A filing fee may not be required for a petition filed pursuant to this subsection. 
2. Hearing. Except as provided in section 2245 with respect to an emergency crisis-
intervention order, the court may grant relief only after notice to the respondent and an 
opportunity for a hearing. The petitioner has the burden of proving by clear and convincing 
evidence that the respondent poses a significant danger of causing severe harm to the 
respondent or another person by purchasing, possessing or receiving a dangerous weapon 
or by having or attempting to have custody or control of a dangerous weapon. 
A. The court shall hold a hearing within 14 days after a petition is filed pursuant to this 
section. Notice of the hearing must be served pursuant to section 2247 concurrently 
with the petition and any ex parte order issued pursuant to section 2245. This section 
does not limit the court's discretion to continue the hearing upon the court's own motion 
or upon motion of either party. 
B. Upon the filing of a petition, the respondent has the right to be represented by 
counsel at a hearing. and the court may appoint counsel for an indigent parl;y. The court 
shall include the name of the appointed counsel in the notice of the hearing under 
paragraph A. The respondent may replace the appointed counsel with an attorney of 
the respondent's own selection at any time at the respondent's own expense. The State 
is responsible for the cost of appointed counsel. 
3. Orders. The court shall grant a petition and issue a crisis intervention order if the 
court finds by clear and convincing evidence that the respondent poses a significant danger 
of causing severe harm to the respondent or to another person by purchasing, possessing or 
receiving a dangerous weapon or by having or attempting to have custody or control of a 
dangerous weapon. 
A. The court shall issue an order under this subsection prohibiting the respondent from 
purchasing. possessing or receiving a dangerous weapon or having or attempting to 
have custody or control of a dangerous weapon for a period of up to one year. The 
order must be signed in writing and include the following: 
(1) A statement of the grounds for the issuance of the order; 
(2) The name and address of the court where any filings must be made, the names 
of the parties, the date of the petition, the date and time of the order and the date 
and time the order expires; 
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(3) A description of how to appeal the order pursuant to section 2251; 
( 4) A description of the requirements for relinquishment and return of a dangerous 
weapon under section 2250; 
(5) A description of how to request termination of the order under section 2246. 
including a form for a motion to terminate the order; and 
(6) A statement in substantially the following form: 
"To the subject of this crisis intervention order: This order is in effect until the date 
and time stated above. If you have not done so already. you are required to 
surrender all dangerous weapons and firearms in your custody. control or 
possession as directed in this order. While this order is in effect. you are not 
allowed to purchase, possess or receive a dangerous weapon or firearm; attempt to 
purchase, possess or receive a dangerous weapon or firearm; or have or attempt to 
have custody or control of a dangerous weapon or firearm. You have the right to 
request one hearing to terminate this order during the period that this order is in 
effect, starting from the date of this order. You may seek the advice of an attorney 
regarding any matter connected with this order." 
B. When findings are required under this subsection, the court shall make either written 
findings of fact or oral findings of fact on the record. 
C. An order issued pursuant to this section must include the following statement: 
"VIOLATION OF nns ORDER IS A CRIME AS PROVIDED BY TIIB MAINE 
REVISED STATUTES. TITLE 15. SECTION 393, AND MAY ALSO RESULT IN 
SANCTIONS FOR CONTEMPT PURSUANT TO TIIB MAINE RULES OF CML 
PROCEDURE. RULE 66." 
If a court denies a petition filed pursuant to this subsection, the court shall state the reason 
for the denial. 
4. Other remedies· unaffected. The decision of a court to grant or to deny a petition 
brought under this section does not preclude a law enforcement officer from taking the 
respondent into protective custody in accordance with Title 34-B. section 3862. subsection 
.L 
§2245. Emergency. crisis intervention orders 
1. Petition. In filing a petition under this chapter, a petitioner may request that the 
court issue an emergency crisis intervention order. An emergency crisis intervention order 
may be issued ex parte, without prior notice to the respondent. 
A. A petitioner seeking an emergency ex parte order shall indicate in the petition and 
affidavit or affidavits that emergency relief is requested because the respondent poses 
an imminent and significant danger of causing severe harm to the respondent or to 
another person by purchasing. possessing or receiving a dangerous weapon or by 
having or attempting to have custody or control of a dangerous weapon. An affidavit 
must include the specific facts supporting the imminent danger posed by the 
respondent. If the petitioner is a family or household member, a petition filed pursuant 
to this section must also allege that the family or household member has served as a 
3rd-party informant under Title 34-B. section 3862 requesting that a law enforcement 
officer take the respondent into protective custody and that the law enforcement officer 
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was unable or unwilling to make a determination of whether to take the respondent into 
protective custody. 
B. An imminent and significant danger of causing severe harm to another person may 
be shown by establishing that: 
(1) The respondent has inflicted or attempted to inflict bodily harm on another 
person; 
(2) By the respondent's threats or actions, the respondent has placed another person 
in reasonable fear of physical harm; or 
(3) By the respondent's actions or inactions, the respondent has presented a danger 
to another person in the respondent's care. 
C. An imminent and significant danger of causing severe harm to the respondent may 
be shown by establishing thatthe respondent has threatened or attempted suicide or has 
threatened or attempted serious bodily harm. 
D. The court may issue an emergency crisis intervention order if the petition and 
affidavit or affidavits present clear and convincing evidence that the respondent poses 
an imminent and significant danger of causing severe harm to the respondent or to 
another person ·'by purchasing. possessing or receiving a dangerous weapon or by 
having or attempting to have custody or control of a dangerous weapon. 
E. The court shall decide whether to grant or deny the petition and issue the order on 
the basis of the contents of the petition and the affidavit or affidavits provided. If the 
petition is granted, the court shall immediately sign the original order, enter on its face 
the exact date and time it is issued and transmit a copy to the petitioner by reliable 
electronic means, such as e-mail. Upon issuance of an order. a copy must be served on 
the respondent pursuant to section 2247. 
F. The court may issue an emergency crisis intervention order by reliable electronic 
means pursuant to this subsection if requested by the petitioner. 
2. Order. An order issued pursuant to this section may prohibit for a period of up to 
days the respondent from purchasing, possessing or receiving a dangerous weapon or 
having or attempting to have custody or control of a dangerous weapon. This section does 
not limit the court's discretion to continue the fmal hearing and extend the order upon the 
court's own motion or upon the motion of either party. 
A. The order must be in writing and include the following: 
(1) A statement of the grounds for the issuance of the order; 
(2) The name and address of the court where any filings must be made, the names 
of the parties, the date of the petition, the date and time of the order and the date 
and time the order expires; 
(3) The date and time of the hearing under subsection 3. paragraph A when the 
respondent may appear to contest the order before the court. This opportunity to 
contest must be scheduled as soon as reasonably possible. but may not be more 
than 14 days after the date of the issuance of the order unless extended upon the 
court's own motion or upon the motion of either party: 
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( 4) A description of the requirements for relinquishment and return of dangerous 
weapons under section 2250: and 
(5) A statement in substantially the following form: 
"To the subject of this emergency crisis intervention order: This order is in effect 
until the date and time stated above. If you have not done so already, you are 
required to surrender all dangerous weapons and firearms in your custody, control 
or possession as directed in this order. While this order is in effect, you are not 
allowed to purchase, possess or receive a dangerous weapon or firearm: attempt to 
purchase, possess or receive a dangerous weapon or firearm: or have or attempt to 
have custody or control of a dangerous weapon or firearm. A hearing will be held 
on the date and time noted above to determine if a crisis intervention order should 
be issued. Failure to appear at that hearing may result in a court making an order 
against you that is valid for up to one year. You may request an extension of the 
hearing date. You may seek the advice of an attorney regarding any matter 
connected with this order. An attorney may be appointed at the discretion of the 
judge to represent you if you cannot afford one." 
B. An order issued pursuant to this section must include the following statement: 
"VIOLATION OF TIIlS ORDER IS A CRIME SUBJECT TO A TERM OF 
IMPRISONMENT OR A FINE, OR BOTH, AS PROVIDED BY THE MAINE 
REVISED STATUTES, TITLE 15, SECTION 393, AND MAY ALSO RESULT IN 
SANCTIONS FOR CONTEMPT PURSUANT TO THE MAINE RULES OF CML 
PROCEDURE, RULE 66." 
If a court denies a petition filed pursuant to this subsection, the court shall state the reason 
for the denial. 
3. Duration. The duration of an emergency crisis intervention order issued pursuant 
to this section is as follows. 
A. Unless the petition is voluntarily dismissed pursuant to paragraph B, the court shall 
hold a hearing within 14 days after the issuance of an emergency crisis intervention 
order to determine if a crisis intervention order should be issued, If not voluntarily 
dismissed, the emergency crisis intervention order expires when• the court grants or 
denies a motion for a crisis intervention order in accordance with section 2244, 
subsection 3. 
B. The petitioner may voluntarily dismiss a petition filed pursuant to this section at 
any time prior to the hearing required under paragraph A if the petitioner determines 
the respondent no longer poses an imminent and significant danger of causing severe 
harm to the respondent or to another person by purchasing. possessing or receiving a 
dangerous weapon or by having or attempting to have custody or control of a dangerous 
weapon. If the petitioner voluntarily dismisses the petition pursuant to this paragraph, 
the court shall vacate the emergency crisis intervention order and direct a law 
enforcement agency in possession of a dangerous weapon belonging to the respondent 
to return it to the respondent consistent with section 2250. 
4. Other remedies unaffected, The decision of a court to grant or to deny a petition 
brought under this section does not preclude a law enforcement officer from taking the 
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respondent into protective custody in accordance with Title 34-B, section 3862, subsection 
.L. 
§2246. Termination and renewal motions 
1. Motions to terminate. A motion to terminate a crisis intervention order issued 
pursuant to section 2244 is subject to the provisions of this subsection. 
A. The respondent may file a motion to terminate a crisis intervention order issued 
pursuant to section 2244 or an order renewed under subsection 2. A motion to 
terminate may not be filed more than once during the effective period of the order. 
B. The motion to terminate and notice of a hearing on the motion must be served on 
the petitioner pursuant to section 2247. 
C. The court shall grant a motion to terminate a crisis intervention order if it finds by 
clear and convincing evidence that the respondent no longer poses a significant danger 
of causing severe harm to the respondent or to another person by purchasing, 
possessing or receiving a dangerous weapon or by having or attempting to have custody 
or control of a dangerous weapon. 
D. An order on a motion to terminate must state the reason for the denial or granting 
of the motion. 
E. The court shall provide forms to a party filing a motion to terminate a crisis 
intervention order. The form provided by the court must be uniform throughout the 
State. 
2. Motions to renew. A motion to renew a crisis intervention order issued pursuant 
to section 2244 is subject to the provisions of this subsection. 
A. A petitioner may file a motion requesting that the court renew a crisis intervention 
order issued pursuant to section 2244 or renewed pursuant to this subsection for an 
additional period of up to one year. The motion must be accompanied by an affidavit 
and must be filed not more than 30 days and not less than 14 days before the expiration 
date of the order. The motion and affidavit must comply with the requirements of 
section 2244, subsection 1. 
B. The court shall hold a hearing within 14 days after a motion to renew under 
paragraph A is filed. Notice of the hearing must be served pursuant to section 224 7. 
The court may extend a crisis intervention order at the time of expiration, upon motion 
of the petitioner. for additional time as the court determines necessary to hold a hearing 
on a motion to renew. 
C. The court may grant relief only after notice to the respondent and an opportunity 
for a hearing. The court may grant the motion and renew a crisis intervention order for 
an additional period of up to one year if it finds by clear and convincing evidence that 
the respondent continues to pose a significant danger of causing severe harm to the 
respondent or to another person by purchasing, possessing or receiving a dangerous 
weapon or by having or attempting to have custody or control of a dangerous weapon. 
An order on a motion to renew must comply with the requirements of section 2244, 
subsection 3. 
D. The court shall provide forms to a party filing a motion to renew a crisis intervention 
order. The form provided by the court must be uniform throughout the State. 
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§2247. Service 
1. Form of service; transmittal. A petition, emergency crisis intervention order, 
crisis intervention order or notice of a hearing issued pursuant to this chapter must be served 
by a law enforcement officer in accordance with the Maine Rules of. Civil Procedure. A 
court that issues an order under this chapter shall promptly transmit the order electronically 
or by other means to a law enforcement agency for service and shall deliver a copy to the 
appropriate law enforcement agency. 
2. Service· on respondent. A respondent who attends a hearing held under section 
2244. 2245 or 2246 at which an emergency crisis intervention order or crisis intervention 
order is issued and who receives notice from the court at the hearing that the order has been 
issued is deemed to have been served. Regardless of whether the court has previously 
notified the respondent of the order, the court shall transmit the order for service on the 
respondent by a law enforcement agency. 
3. Performance of service. A petition, emergency crisis intervention order. crisis 
intervention order or notice of a hearing issued pursuant to this chapter must be served in 
a manner calculated to ensure the safety of the parties. Law enforcement agencies must 
have a written policy that prioritizes methods of service that do not involve advance 
notification of a request for an emergency crisis intervention order to the respondent. The 
law enforcement agency shall make a good faith effort to serve process expeditiously. The 
law enforcement officer making service shall file a return of service with the court stating 
the date, time and place at which the order was delivered personally to the respondent. 
4. Service of termination and renewal. A motion to terminate or renew a crisis 
intervention order must be served by a law enforcement officer in accordance with the 
Maine Rules of Civil Procedure. A notice of hearing may be provided in accordance with 
the Maine Rules of Civil Procedure. 
§2248.Procedure 
1. Fees. A fee may not be charged for forms or for filing a petition, motion or other 
request for relief under this chapter. 
2. Rules; other actions not barred. Proceedings commenced under this chapter must 
be in accordance with the Maine Rules of Civil Procedure. A proceeding under this chapter 
is in addition to any other available civil or criminal remedies. This chapter may not be 
construed to be applicable to actions under Title 19-A, chapter 103. 
3. Assistance by law enforcement. Law enforcement agencies shall assist in canying 
out the intent of this subsection. 
§2249. Enforcement and entering of orders 
1. Law enforcement officers and agencies. Law enforcement officers are authorized 
to enforce orders issued pursuant to this chapter. Law enforcement agencies shall adopt a 
written policy on the enforcement of this chapter and the handling of crisis intervention 
orders. 
2. Failure to comply with order, A person who knowingly violates a crisis 
intervention order issued pursuant to section 2244 or 2245 or renewed pursuant to section 
2246 is subject to sanctions for contempt pursuant to the Maine Rules of Civil Procedure. 
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Rule 66 and prosecution pursuant to state law, including, butnotlimited to, Title 15, section 
393. 
• 
3. Notice to State Bureau ofldentification; national background check. The court 
clerk shall forward a copy of a crisis intervention order or emergency crisis intervention 
order issued pursuant to this chapter the same day the order is issued to the Department of 
Public Safety, Bureau of.State Police, State Bureau of Identification. Upon receipt of the 
copy of the order, the Department of Public Safety, Bureau of State Police, State Bureau of 
Identification shall enter the order into the Federal Bureau of Investigation, National Instant 
Criminal Background Check System, any other federal or state computer-based systems 
used by law enforcement agencies or others·to identify prohibited purchasers of dangerous 
weapons and any computer-based criminal intelligence information system available in the 
State used by law enforcement agencies. The order must remain in each system for the 
duration of time it is in effect, and the law enforcement agency shall promptly remove 
expired or terminated orders. 
4. Penalty for submitting false information. A person who submits materially false 
information in support of or in opposition to a petition for a crisis intervention order under 
this chapter, knowing that material information in the petition or the affidavit is false or 
that the petition or affidavit is submitted with the intent to harass, is guilty of a Class C 
crime. 
5. Warrantless arrest. Notwithstanding any provision of law to the contrary, an arrest 
for criminal violation of an order issued pursuant to this chapter may be without warrant 
upon probable cause whether or not the violation is committed in the presence of a law 
enforcement officer. The law enforcement officer may verify, if necessary, the existence 
of the order, including by telephone or radio communication with a law enforcement 
agency with knowledge of the order. 
§2250. Relinquishment of dangerous weapon 
1. Relinquishment by respondent. A respondent who is required to relinquish a 
dangerous weapon in the respondent's possession, custody or control under a crisis 
intervention order issued pursuant to this chapter, upon service of the order, shall 
immediately relinquish the dangerous weapon to the law enforcement officer serving the 
order. A respondent notified by the court at a hearing is required to immediately comply 
with the provisions of the order. 
2. 
Search warrant authorizing seizure. A court may issue a search warrant 
authorizing a law enforcement agency to seize any dangerous weapons at any location if a 
law enforcement agency demonstrates that there is probable cause to believe that any 
dangerous weapons have not been relinquished by the respondent. 
3. Treatment of seized dangerous weapon. A law enforcement agency that takes 
possession of a dangerous weapon may store the dangerous weapon at the agency's facility, 
or a tribal, regional or state public safety facility. 
4. Lawful sale of dangerous weapons not affected. This section may not be 
construed to prohibit the lawful sale of a dangerous weapon by the lawful owner. 
5, Release of dangerous weapon within 3 days. A law enforcement agency may 
release to the respondent a dangerous weapon relinquished pursuant to a crisis intervention 
order issued pursuant to this chapter upon expiration of the crisis intervention order in effect 
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at the time of the request by the respondent and completion of a background check using 
the Federal Bureau of Investigation, National Instant Criminal Background Check System 
in a manner consistent with federal law. The dangerous weapon must be returned within 3 
business days of the request. 
6. When return prohibited. Notwithstanding any provision of this chapter to the 
contrary: 
A. A dangerous weapon may not be returned to the respondent if the respondent's 
possession of the dangerous weapon is prohibited by state or federal law: and 
B. A dangerous weapon may not be returned pursuant to this section if the dangerous 
weapon is evidence in a pending criminal matter. 
§2251. Appeals 
A crisis intervention order issued pursuant to this chapter is a final order for the 
purposes of appeal. 
§2252. Data and reporting 
1. Annual report; submission to Legislature, The State Court Administrator, acting 
at the direction of the Chief Justice of the Supreme Judicial Court, shall prepare an annual 
report on and relating to the application of this chapter by the courts. By October 1, 2025 
and annually thereafter, the State Court Administrator shall prepare and submit the report 
to the joint standing committee of the Legislature having jurisdiction over civil rights 
matters. 
2. Report requirements. The report required by this section must contain all of the 
following: 
A. The number of petitions filed for a crisis intervention order: 
B. The number of petitions filed that included a request for an emergency crisis 
intervention order; 
C. The number of crisis intervention orders issued and the number denied; 
D. The number of emergency crisis intervention orders issued without notice and the 
number denied; 
E. The number of crisis intervention orders that are voluntarily dismissed by the 
petitioner: 
F. The number of emergency crisis intervention orders entered without notice that are 
voluntarily dismissed by the petitioner: 
G. The number of motions filed to renew a crisis intervention order: 
H. The number of crisis intervention orders that are renewed: 
I. The number of motions filed to terminate a crisis intervention order: 
J. The number of motions filed to terminate a crisis intervention order that resulted in 
termination of an order prior to the original expiration date: and 
K. To the extent ascertainable from available state court data, the number of 
respondents subject to a crisis intervention order who, within 30 days after entry of the 
order, have been charged with a criminal offense, including the nature of the criminal 
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offense, whether the offense was a violation of the crisis intervention order and the 
disposition or status of the offense. 
Sec. 7. 34-B MRSA §3862, sub-§1, as amended by PL 2021, c. 377, §1, is further 
amended by enacting at the end a new last blocked paragraph to read: 
Every law enforcement agency shall adopt a written policy governing probable cause 
determinations under this section. The policy must require that law enforcement officers 
prioritize probable cause determinations and that. if a 3rd-party informant requests that a 
law enforcement officer take a person into protective custody under this section, the law 
enforcement officer must decide whether to take the person into protective custody within 
a reasonable amount of time. 
Sec. 8. 34-B MRSA §3862, sub-§1-B is enacted to read: 
1-B. Show cause order. If the 3rd-party informant who provides information to a law 
enforcement officer seeking a probable cause determination under subsection 1 is a family 
or household member of the person and the law enforcement officer does not make a 
determination of whether to take the person into custody within a reasonable amount of 
time, that family or household member may petition the District Court for an order directing 
the law enforcement officer to make a determination of whether to take the person into 
protective custody. Upon the filing of the petition, the District Court shall issue an order 
directing the law enforcement officer to appear in District Court on the day fixed in the 
order and show cause why the petition should not be granted. 
Sec. 9. Department of Public Safety to obtain federal funding; report. By 
December 15, 2024, the Department of Public Safety shall report to the joint standing 
committee of the Legislature having jurisdiction over civil rights matters the status of the 
state-level process currently underway to obtain federal funding for storing dangerous 
weapons in the custody of state, county and municipal law enforcement agencies. The joint 
standing committee may report out legislation in response to this report to the 132nd 
Legislature in 2025. 
Sec. 10. Appropriations and allocations. The following appropriations and 
allocations are made. 
JUDICIAL DEPARTMENT 
Courts - Supreme, Superior and District 0063 
Initiative: Establishes one Judge position, one Marshal position and one Assistant Clerk 
position in fiscal year 2024-25 and provides funding for related All Other costs. 
GENERAL FUND 
2023-24 
POSITIONS - LEGISLATIVE COUNT 
0.000 
Personal Services 
$0 
All Other 
$0 
GENERAL FUND TOTAL 
$0 
Courts - Supreme, Superior and District 0063 
2024-25 
3.000 
$534,865 
$28,176 
$563,041 
Initiative: Provides funding for contracted temporary staffing to handle increased 
paperwork during the programming of multiple systems. 
COMMITTEE AMENDMENT 
~as 
COMMITTEE AMENDMENT"· B" to H.P. 1470, L.D. 2283 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Courts - Supreme, Superior and District 0063 
2023-24 
$0 
$0 
2024-25 
$56,000 
$56,000 
Initiative: Provides one-time funding for costs associated with programming multiple 
systems. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
JUDICIAL DEPARTMENT 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL-ALL FUNDS 
2023-24 
$0 
$0 
2023-24 
$0 
$0 
2024-25 
$20,000 
$20,000 
2024-25 
$639,041 
$639,041 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment, which is a minority report of the committee, replaces the bill and 
enacts the Crisis Intervention Order Act. Under the Act, a petition for a crisis intervention 
order, which prohibits the purchase, possession or control of a dangerous weapon, may be 
sought if a person is suspected of posing a significant danger of causing severe harm to the 
person or to another person. A significant danger of causing severe harm to the person or 
another person is demonstrated by establishing that the person has: inflicted or attempted 
to inflict bodily harm on another person; placed another person in reasonable fear of 
physical harm; by action or inaction, presented a danger to persons in the person's care; or 
threatened or attempted suicide or has threatened or attempted serious bodily harm. The 
petition may be filed by a family or household member of the person or by a law 
enforcement agency or a law enforcement officer and must be supported by an affidavit 
stating the facts to support the allegations, identifying any firearms believed to be in the 
person's possession and stating whether the person is already the subject of an existing 
protection from harassment or protection from abuse order. Upon receipt of the petition 
and affidavit, the District Court is required to schedule a hearing, which must be held within 
days of the filing of the petition, and provide notice of the hearing to the person who is 
the subject of the requested crisis intervention order. Following the hearing, if the court 
finds by clear and convincing evidence that the person poses a significant risk of causing 
severe harm to the person or to another person, the court must issue an order prohibiting, 
for up to one year, the person from purchasing, possessing or receiving a dangerous 
COMMITTEE AMENDMENT 
""' 
~,...,.,.,.o-~ 
-.~ ~-
COMMITTEE AMENDMENT ··1?' to H.P. 1470, L.D. 2283 
weapon, attempting to purchase, possess or receive a dangerous weapon or having custody 
or control of a dangerous weapon. 
The amendment allows a court to issue an emergency crisis intervention order without 
prior notice to the person who is the subject of the requested order. A hearing must be 
scheduled no later than 14 days after the order is issued. 
A crisis intervention order may be terminated upon the request of the person who is the 
subject of the order if that person shows by clear and convincing evidence that the person 
no longer poses a significant danger of causing severe harm to the person or another person. 
A crisis intervention order may be renewed for an additional period ofup to one year. 
A person who is the subject of a crisis intervention order immediately must surrender 
all dangerous weapons in that person's possession, custody or control to a law enforcement 
agency or a federally licensed firearm dealer, manufacturer or importer. 
The amendment directs the Department of Public Safety to submit a report on the status 
of obtaining federal funding related to storing dangerous weapons in the custody of law 
enforcement agencies and authorizes the committee to report out legislation to the 132nd 
Legislature. 
Finally, the amendment requires law enforcement agencies to prioritize probable cause 
determinations under the State's so-called yellow flag law. The amendment also allows a 
3rd-party informant who is a family or household member to seek a show cause order if 
the law enforcement officer is unable or unwilling to make a determination of whether to 
take the person into protective custody. If the law enforcement officer is unable or 
unwilling to make that determination, the family or household member may seek a crisis 
intervention order or emergency crisis intervention order. The amendment also provides 
that, regardless of whether a crisis intervention order or emergency crisis intervention order 
is issued, the law enforcement officer may still take the person into protective custody. 
The amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/15/24 feac:.. 
LD 2283 
LR 3177(04) 
An Act to Enact the Crisis Intervention Order Act to Protect the Safety of the Public 
Fiscal Note for Bill as Amended by Committee Amendment B-CH-117 7) 
Committee: Judiciary 
Net Cost (Savings) 
General Fµnd 
Appropriations/ Allocations 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2023-24 
FY 2024-25 
$0 
$639,041 
$0 
$639,041 
Projections 
FY 2025-26 
$566,148 
$566,148 
Projections 
FY 2026-27 
$586,097 
$586,097 
This bill includes ongoing General Fund appropriations to the Judicial Department of $563,041 in fiscal year 2024-25 
to establish one Judge position, one Marshal position and one Assistant Clerk position effective July 1, 2024, to 
handle the increased workload related to the Crisis Intervention Order process. It also includes one-time General Fund 
appropriations of $76,000 in fiscal year 2024-25 for contracted temporary staffing and for progra1mning multiple 
systems. 
Any additi•onal costs to the Department of Public Safety associated with the implementation of this legislation are 
expected to be minor and can be absorbed within existing budgeted resources. 
There may be additional costs to the State to provide counsel to represent indigent individuals in crisis intervention 
order hearings. 
LR3 l 77(04) - Fiscal Note - Page 1 of 1