An Act to Amend the Laws Regarding Violations of Condition of Release
Maine Legislature, Session 131, LD 1449
Committee: Judiciary
Sponsors: BEEBE-CENTER, PLUECKER, DUSON, RECKITT
Amends: 15 MRSA §1092, 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

Legislative Document
No. 1449
S.P. 567
In Senate, March 30, 2023
An Act to Amend the Laws Regarding Violations of Condition of 
Release
Reference to the Committee on Judiciary suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BEEBE-CENTER of Knox.
Cosponsored by Representative PLUECKER of Warren and
Senator: DUSON of Cumberland, Representative: RECKITT of South Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  15 MRSA §1092, sub-§1, as amended by PL 2005, c. 449, §2, is further 
amended to read:
1.  Violation of condition of release.  A defendant who has been granted preconviction 
or postconviction bail and who, in fact, violates a condition of release is guilty of:
A.  A Class E crime; or.
B.  A Class C crime if the underlying crime was punishable by a maximum period of 
imprisonment of one year or more and the condition of release violated is one specified 
in section 1026, subsection 3, paragraph A, subparagraph (5), (8), (10-A) or (13).
Sec. 2.  17-A MRSA §207-A, sub-§1, ¶B, as amended by PL 2021, c. 647, Pt. B, 
§18 and affected by §65, 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, former section 
4011, subsection 1 or Title 19‑A, section 4113, subsection 1 or one or more prior 
convictions for engaging in conduct substantially similar to that contained in Title 
19‑A, section 4113, subsection 1 in another jurisdiction; or
 (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 4102, subsection 6; 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 4102, 
subsection 6, 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. 3.  17-A MRSA §209-A, sub-§1, ¶B, as amended by PL 2021, c. 647, Pt. B, 
§23 and affected by §65, 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 
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, former section 
4011, subsection 1 or Title 19‑A, section 4113, subsection 1 or one or more prior 
convictions for engaging in conduct substantially similar to that contained in Title 
19‑A, section 4113, subsection 1 in another jurisdiction; or
 (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 4102, subsection 6; 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 4102, 
subsection 6, 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, ¶B, as amended by PL 2021, c. 647, Pt. B, 
§26 and affected by §65, 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‑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‑F, 209‑A, 210‑C or 211‑A in 
another jurisdiction;
(2)  Has one or more prior convictions for violating Title 19‑A, former section 
4011, subsection 1 or Title 19‑A, section 4113, subsection 1 or one or more prior 
convictions for engaging in conduct substantially similar to that contained in Title 
19‑A, section 4113, subsection 1 in another jurisdiction; or
 (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 4102, subsection 6; 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 4102, 
subsection 6, 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. 5.  17-A MRSA §210-C, sub-§1, ¶B, as amended by PL 2021, c. 647, Pt. B, 
§28 and affected by §65, 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, former section 
4011, subsection 1 or Title 19‑A, section 4113, subsection 1 or one or more prior 
convictions for engaging in conduct substantially similar to that contained in Title 
19‑A, section 4113, subsection 1 in another jurisdiction; or
 (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 4102, subsection 6; 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 4102, 
subsection 6, 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, ¶B, as amended by PL 2021, c. 647, Pt. B, 
§30 and affected by §65, 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, former section 
4011, subsection 1 or Title 19‑A, section 4113, subsection 1 or one or more prior 
convictions for engaging in conduct substantially similar to that contained in Title 
19‑A, section 4113, subsection 1 in another jurisdiction; or
 (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 4102, subsection 6; 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 4102, 
subsection 6, 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.
SUMMARY
This bill removes the provisions under the offense of violation of condition of release 
that increase the offense from a Class E crime to a Class C crime under certain 
circumstances.