An Act to Update Maine's Domestic Violence and Stalking Laws
Maine Legislature, Session 131, LD 2085
Committee Amendment CA_A_S528 (Senate)

COMMITTEE AMENDMENT "ft " to S.P. 878, L.D. 2085, "An Act to Update
Maine's Domestic Violence and Stalking Laws"
Amend the bill in section 1 in subsection 1 in the 4th line (page 1, line 22 in L.D.) by
inserting after the following: "disregarding a" the following; 'substantial'
Amend the bill in section 2 in paragraph A in subparagraph (3) in the first line (page 1,
line 36 in L.D.) by inserting after the following: "disregarding a" the following: 'substantial'
Amend the bill in section 2 in paragraph A in subparagraph (4) in the first line (page 1,
line 39 in L.D.) by inserting after the following: "disregarding a" the following: 'substantial'
Amend the bill in section 3 in paragraph A in subparagraph (2) in the first line (page 2,
line 10 in L.D.) by inserting after the following: "disregard of a" the following: 'substantial'
Amend the bill in section 4 in paragraph B in the 4th line (page 2, line 18 in L.D.) by
inserting after the following: "disregarded_a" the following: 'substantial'
Amend the bill in section 5 in paragraph E in the 3rd line (page 2, line 24 in L.D.) by
inserting after the following: "disregard of a" the following: 'substantial'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment more closely aligns the provisions of the bill with the federal standard
set by Counterman v. Colorado, 600 U.S. 66 (2023) by specifying that, for an actor to
commit "abuse" within the meaning of the protection from abuse laws based on the content
of the actor's speech or for an actor to commit the crime of terrorizing, domestic violence
teirorizing, stalking, domestic violence stalking or harassment by telephone based on the
content of the actor's speech, the actor must have consciously disregarded a substantial risk
that the actor's speech would place a reasonable person in fear of bodily injury,
3 FISCAL NOTE REQmRED
(See attached)
COMMITTEE AMENDMENT
Approved: 02/07/24 ^K?ct
LD 2085 LR 2832(02)
An Act to Update Maine's Domestic Violence and Stalking Laws
Fiscal Note for Bill as Amended by Committee Amendment "/^'/<.<
Committee: Judiciary
Fiscal Note Required: Yes
Fiscal Note
Current biennium savings - General Fund
Ivlinor cost increase - General Fund
Minor revenue increase - General Fund
Minor revenue increase - Other Special Revenue Funds
Correctional and Judicial Impact Statements
This bill adds a requirement to the stalking, terrorizing and harassment laws for Class C, D and E crimes that the
person must have consciously disregarded a substantial risk that the person's speech would place a reasonable person
in fear of bodily injury. It is unclear how many individuals may not be convicted of a Class C crime who otherwise
would have been. The current average cost of incarcerating one individual for a single year is $55,203. No
appropriations are reduced in this bill to reflect potential cost savings to the Department of Corrections.
The additional workload associated with the minimal number of new cases filed in the court system does not require
additional funding at this time.
The collection of additional fines will increase General Fund or other dedicated revenue by minor .amounts.
LR2832(02) - Fiscal Note - Page 1 of 1