An Act Regarding Prosecution Standards for Nonfatal
Maine Legislature, Session 132, LD 1572
Committee: Judiciary
Sponsors: STOVER, NANGLE
Amends: 15 MRSA §1032, 16 MRSA §62, 17-A MRSA §20, 17-A MRSA §208, 17-A MRSA §208-D

Legislative Document
No. 1572
H.P. 1030
House of Representatives, April 10, 2025
An Act Regarding Prosecution Standards for Nonfatal 
Strangulation or Suffocation in Domestic Violence Cases
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative STOVER of Boothbay.
Cosponsored by Senator NANGLE of Cumberland and
Representatives: GRAMLICH of Old Orchard Beach, MALON of Biddeford, MASTRACCIO 
of Sanford, MEYER of Eliot, MOONEN of Portland, PLUECKER of Warren, SAYRE of 
Kennebunk, Senator: ROTUNDO of Androscoggin.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  15 MRSA §1032 is enacted to read:
§1032.  Domestic assault
In a domestic assault matter under Title 17-A, section 207-A, 208-C, 208-D, 208-E or 
208-F, bail may not be posted by the victim or a family or household member of the victim 
as defined in Title 19-A, section 4102, subsection 6 or a dating partner of the victim as 
defined in Title 19-A, section 4102, subsection 4.
Sec. 2.  16 MRSA §62 is enacted to read:
§62.  Domestic violence victim testimony in criminal matters
Notwithstanding any provision of law to the contrary, a victim of domestic violence in 
a criminal matter may not be compelled to testify, and the complete record of the victim's 
oral or recorded statements in any initial or follow-up interviews with a law enforcement 
officer, attorney for the State or employee or agent of a law enforcement agency or 
prosecutorial office taken as part of the investigation or preparation for prosecution of the 
matter is not hearsay and may be admitted in court without the presence of the victim.
Sec. 3.  17-A MRSA §20 is enacted to read:
§20.  Matters related to nonfatal strangulation or suffocation
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Dispatcher" has the same meaning as in Title 5, section 18313, subsection 1.
B.  "Prosecutor" means the attorney for the State prosecuting a criminal matter.
C.  "Strangulation" or "suffocation" has the same meaning as in section 208, subsection 
1, paragraph C.
2.  Court action in matters related to aggravated domestic violence nonfatal 
strangulation or suffocation.  The court may not dismiss or allow unnecessary delay of 
the disposition of a case alleging domestic violence aggravated assault involving nonfatal 
strangulation or suffocation under section 208-D, subsection 1, paragraph D.
3.  Prosecution of matters related to aggravated domestic violence nonfatal 
strangulation or suffocation.  In a criminal matter involving nonfatal strangulation or 
suffocation of a family or household member as defined in Title 19-A, section 4102, 
subsection 6 or a dating partner as defined in Title 19-A, section 4102, subsection 4, the 
prosecutor:
A.  May not dismiss the charge or cause unnecessary delay in the disposition of the 
matter;
B.  Shall review the case to determine whether the matter is an aggravated offense 
under section 208-D;
C.  May not defer the case or agree to a plea of a lesser assault charge; and
D.  Shall use an expert, when necessary, to assist with testimony of the victim.
4.  Repeat offenders.  A defendant in a criminal matter involving nonfatal 
strangulation or suffocation of a family or household member as defined in Title 19-A, 
section 4102, subsection 6 or a dating partner as defined in Title 19-A, section 4102, 
subsection 4 who has been convicted of an offense under section 207-A, 208-C, 208-D, 
208-E or 208-F or similar domestic violence assault offense may not be offered or enter 
into a plea agreement or any other similar procedure that restricts court process.
5.  Training on nonfatal strangulation or suffocation prevention.  A prosecutor 
shall complete a minimum of 8 hours of certified training on nonfatal strangulation or 
suffocation prevention annually. All judges, justices, law enforcement officers, defense 
attorneys and dispatchers shall complete certified training on nonfatal strangulation or 
suffocation prevention every 2 years.
Sec. 4.  17-A MRSA §208, sub-§1, ¶C, as amended by PL 2019, c. 91, §1, is further 
amended to read:
C.  Bodily injury to another under circumstances manifesting extreme indifference to 
the value of human life. Such circumstances include, but are not limited to, the number, 
location or nature of the injuries, the manner or method inflicted, the observable 
physical condition of the victim or the use of strangulation or suffocation.  For the 
purpose of this paragraph, "strangulation" means impeding the breathing or circulation 
of the blood of another person by intentionally, knowingly or recklessly applying 
pressure on the person's throat or neck, and "suffocation" means impeding the breathing 
or circulation of the blood of another person by intentionally, knowingly or recklessly 
applying pressure on the person's nose or mouth.  Violation of this paragraph is a Class 
B crime.
Sec. 5.  17-A MRSA §208-D, sub-§1, ¶C, as amended by PL 2023, c. 465, §4, is 
further amended to read:
C.  Violates section 208, subsection 1, paragraph B and the victim is a family or 
household member as defined in Title 19‑A, section 4102, subsection 6 or a dating 
partner as defined in Title 19‑A, section 4102, subsection 4. Violation of this paragraph 
is a Class B crime; or
Sec. 6.  17-A MRSA §208-D, sub-§1, ¶D, as amended by PL 2023, c. 465, §4, is 
further amended to read:
D.  Violates section 208, subsection 1, paragraph C and the victim is a family or 
household member as defined in Title 19‑A, section 4102, subsection 6 or a dating 
partner as defined in Title 19‑A, section 4102, subsection 4. Violation of this paragraph 
is a Class B crime.; or
Sec. 7.  17-A MRSA §208-D, sub-§1, ¶E is enacted to read:
E.  Violates section 208, subsection 1, paragraph C and willingly inflicts nonfatal 
strangulation or suffocation on the victim or physical injury resulting in a traumatic 
condition and the victim is a family or household member as defined in Title 19-A, 
section 4102, subsection 6 or a dating partner as defined in Title 19-A, section 4102, 
subsection 4. For purposes of this paragraph, "traumatic condition" means a condition 
of the body such as a wound or external or internal injury caused by physical force. 
Violation of this paragraph is a Class A crime.
SUMMARY
This bill establishes prosecution standards for nonfatal strangulation or suffocation in 
domestic assault criminal matters. It:
1.  Prohibits the victim, victim's family or victim's dating partner from being able to 
post bail for the defendant;
2.  Allows statements made by the victim during the investigation or preparation for 
prosecution to be admitted in court without the presence of the victim being required;
3.  Prohibits the court from dismissing or allowing unnecessary delay of the disposition 
of the matter;  
4.  Prohibits the prosecutor from dismissing, allowing unnecessary delay, deferring or 
agreeing to a plea of a lesser assault charge;
5.  Prohibits a defendant previously convicted of a domestic violence assault charge 
from entering into a plea agreement;
6.  Requires prosecutors, judges, justices, law enforcement officers, defense attorneys 
and dispatchers to receive training on nonfatal strangulation or suffocation prevention; and
7.  Makes domestic violence aggravated assault by means of nonfatal strangulation or 
suffocation a Class A crime.