SP0681
LD 1873
First Special Session - 123rd Legislature - Text: MS-Word, RTF or PDF LR 1001
Item 6
Bill Tracking Chamber Status

Amend the amendment by striking out all of the first 6 indented paragraphs (page 1, lines 11 to 28 in amendment) and inserting the following:

Amend the bill in section 1 in §210-A in subsection 1 by striking out all of paragraph C (page 1, lines 22 to 39 and page 2, lines 1 to 13 in L.D.) and inserting the following:

C. The actor violates paragraph A and has 2 or more prior convictions in this State or another jurisdiction.

Violation of this paragraph is a Class C crime. The court shall impose a sentencing alternative involving a term of imprisonment of at least 6 months, of which 14 days may not be suspended, and may order the person to attend an abuser education program approved by the court.

For the purposes of this paragraph, "prior conviction" means a conviction for a violation of this section; Title 5, section 4659; Title 15, section 321; former Title 19, section 769; Title 19-A, section 4011; Title 22, section 4036; any other temporary, emergency, interim or final protective order; an order of a tribal court of the Passamaquoddy Tribe or the Penobscot Nation; any similar order issued by any court of the United States or of any other state, territory, commonwealth or tribe; or a court-approved consent agreement. Section 9-A governs the use of prior convictions when determining a sentence.

Amend the amendment on page 2 by striking out all of the 2nd indented paragraph (page 2, line 3 in amendment)

Amend the amendment by striking out all of section 4.

summary

This amendment clarifies that a person is guilty of stalking if that person violates the Maine Revised Statutes, Title 17-A, section 210-A, subsection 1, paragraph A and has 2 or more prior convictions in this State or another jurisdiction. The amendment removes the provision that requires the imposition of a sentencing alternative. The amendment also adds convictions for a violation of Title 22, section 4036 to the definition of "prior conviction." The amendment also strikes the appropriations and allocations section.


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