123rd Legislative Session Highlights

The first session of the 123rd Legislature was exciting and turbulent.  MCEDV developed a Domestic Violence package which included three important bills.  The intention of LD 1039, sponsored by Deborah Simpson (D-Auburn), was to institute law enforcement agency policies and education in regards to proper Predominant Aggressor identification and enforcement.  By collaborating with Anne Jordan, the Commissioner of Public Safety, and John Rogers, Director of the Maine Criminal Justice Academy all law enforcement officer will have this important training and all law enforcement agencies will have policies in place.

Because Maine does not have criminal laws specific to domestic violence, the MCEDV Legislative Committee looked to University of Maine School of Law, Associate Law Professor, Deborah Tuerkheimer for her knowledge of prosecuting domestic violence cases, her research and her article "Recognizing and Remedying the Harm of Battering: A Call to Criminalize Domestic Violence," published in the Journal of Criminal Law and Criminology.  Our final bill language LD 1627, sponsored by Senate President Beth Edmonds (D-Cumberland), created five new laws, domestic violence assault, domestic violence criminal threatening, domestic violence terrorizing, domestic violence stalking and domestic violence reckless conduct.  This bill also created a second strike felony for domestic violence cases.

The third bill of our package LD 1224, sponsored by Senator Bill Diamond (D- Cumberland), was collaboration between MCEDV and the Maine Coalition Against Sexual Assault (MECASA) to increase funding for prevention services.  The Appropriations Committee agreed that additional prevention services are needed and granted MCEDV & MECASA $1.9 million over the biennium; $900,000 in year 1 (2008) and $1,000,000 in year 2 (2009). 

MCEDV also provided active support, as well as opposition, on a number of bills, while keeping an eye on many others. We acted in support of LD 988 An Act To Improve the Protection from Abuse Laws; LD 1873 An Act To Amend the Laws Governing Stalking; LD 375 An Act To Amend the Family Medical Leave Laws; LD 583 An Act To Permit Medical and Social Service Professionals To Report Animal Cruelty; and LD 584 An Act Concerning Animal Control Officers as Reporters of Abuse.  We successfully defeated LD 477 An Act To Deter Parental Alienation. 

MCEDV Bills:

LD 1039 Resolve, Directing the Maine Criminal Justice Academy Board of Trustees To Develop and Implement Law Enforcement Training Regarding the Determination of the Predominant Aggressor in Domestic Violence Situations

Outcome: Passed as a Resolve

Signed on June 20, 2007, this resolve will:

Sec. 1. Board of Trustees of Maine Criminal Justice Academy to establish and implement training regarding determination of predominant aggressors in domestic violence situations. Resolved: That the Board of Trustees of the Maine Criminal Justice Academy is directed to establish and implement training regarding the determination of predominant aggressors in domestic violence situations for law enforcement officers no later than June 30, 2008; and be it further

Sec. 2. Report. Resolved: That the Board of Trustees of the Maine Criminal Justice Academy is directed to report its progress regarding the implementation of training regarding the determination of predominant aggressors in domestic violence situations to law enforcement officers to the Joint Standing Committee on Criminal Justice and Public Safety no later than April 1, 2008.

LD 1224 An Act To Prevent Violence against Maine Families and To Provide Adequate Intervention in Cases of Domestic Violence and Sexual Assault

Outcome: Passed

The final figure for MCEDV & MECASA in the budget is $1.9 million over the biennium; $900,000 in year 1 (2008) and $1,000,000 in year 2 (2009).  $100,000 of our allotted $2 million was given to Women Working Community.  Domestic Violence received 56% ($1.9 million / 2 yrs x 56% = $532,000) & Sexual Assault received 44% ($1.9 million / 2 yrs X 44% = $418,000)   These are additional funds for the Department of Health and Human Services to contract with Domestic Violence & Sexual Assault agencies to provide school-based and community-based education, prevention and provision of direct services.

LD 1627 An Act To Protect Families and Enhance Public Safety by Making Domestic Violence a Crime

Outcome: Passed

Signed into law June 27, 2007, this amendment specifies, using unique statutory citations to conform to technical drafting standards, each crime: domestic violence assault, domestic violence criminal threatening, domestic violence terrorizing, domestic violence stalking and domestic violence reckless conduct. As in the bill, each offense is a Class D crime of domestic violence that is committed against a person who is a family or household member. The amendment also retains an aggravated Class C version of each offense if the person: has one or more prior convictions for one of the domestic violence crimes or one or more prior convictions for engaging in conduct substantially similar to these crimes in another jurisdiction; has one or more prior convictions for violating the Maine Revised Statutes, Title 19-A, section 4011, subsection 1 or one or more prior convictions for engaging in conduct substantially similar to that contained in Title 19-A, section 4011, subsection 1 in another jurisdiction; or has one or more prior convictions for violating Title 15, section 1026, subsection 3, paragraph A, subparagraph (5) or subparagraph (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 4002, subsection 4.

Although the MCEDV Legislative Committee followed a number of bills, the following are bills acted upon most often.

DV/SA Commission Bill:

LD 988 An Act To Improve the Protection from Abuse Laws

Outcome: Passed

MCEDV Supported

Signed into law June 20, 2007, this bill allows current and former dating partners, whether or not sexual partners, and stalking and sexual assault victims to seek relief under the protection from abuse laws. 

Attorney General’s Office Bill:

LD 1873 An Act To Amend the Laws Governing Stalking

Outcome: Carried Over

MCEDV Supported

Appropriations carried the bill over to the second session of the 123rd Legislature, June 21, 2007, placing a fiscal note on the bill. 

This bill amends the stalking laws by expanding the prohibited conduct and providing for additional aggravating factors that elevate an offense to a Class C crime. The bill removes specific sentencing requirements. This bill also requires judges to give special weight in sentencing to the fact that a Class C or higher crime was committed by a person while that person was stalking a victim.

Additional Bills:

LD 375 An Act To Amend the Family Medical Leave Laws

Outcome: Passed

MCEDV Supported

This bill, signed into law, June 8, 2007, adds domestic partner to the list of family members an employee may utilize the family medical leave laws to care for when ill. It also adds a definition for domestic partner.

LD 477 An Act To Deter Parental Alienation

Outcome: Defeated

MCEDV Opposed

This bill which, would require that a protection order granting relief not be issued with a finding of abuse against the minor child when the protection order is sought on behalf of a minor child and the only evidence of abuse is from one parent of the minor child against the other parent of the minor child, was defeated June 18, 2007.

LD 583 An Act To Permit Medical and Social Service Professionals To Report Animal Cruelty

Outcome: Passed

MCEDV Supported

Signed into law, June 22, 2007 this bill gives mandated reporters of adult or child abuse, neglect or exploitation, social service agencies under contract with, and employees of the Department of Health and Human Services the option of disclosing confidential information related to a reasonable suspicion of animal cruelty, abuse or neglect to a local animal control officer or the animal welfare program of the Department of Agriculture to begin an investigation. In addition, this bill extends the existing good faith immunity provision to these reporters.

LD 584 An Act Concerning Animal Control Officers as Reporters of Abuse

Outcome: Passed

MCEDV Supported

Signed into law, June 22, 2007, this bill allows municipal animal control officers to report suspected adult abuse, neglect or exploitation and suspected child abuse or neglect to the Department of Health and Human Services.

Return to Newsletter Index.