HP1010, LD 1487, item 1, An Act To Amend the Laws on Protection from Abuse and Unauthorized Dissemination of Certain Private Images

An Act To Amend the Laws on Protection from Abuse and Unauthorized Dissemination of Certain Private Images

Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas, Public Law 2015, chapter 339 enacted laws regarding the new crime of unauthorized dissemination of certain private images, to address activity known informally as revenge pornography, effective October 15, 2015; and

Whereas, Public Law 2015, chapter 339 included coordination with some but not all related sections of the laws on protection from abuse; and

Whereas, Public Law 2015, chapter 339 did not include provisions to seal in court records unauthorized private images and written information describing and directly pertaining to the images; and

Whereas, full coordination with the related sections of the protection from abuse laws and enactment of provisions to seal certain images and information in court records are immediately necessary for the effective implementation of Public Law 2015, chapter 339;

Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 17-A MRSA §511-A, sub-§5 is enacted to read:

5. Unauthorized private images that are prohibited under this section and any written information describing and directly pertaining to the images contained in court records must be sealed by the clerk and not disclosed to the public or the media unless the court orders the disclosure to be made after a hearing in which the court determines that disclosure is in the interest of justice.

Sec. 2. 19-A MRSA §4002, sub-§1, ¶¶E and F, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, are amended to read:

E. Communicating to a person a threat to commit, or to cause to be committed, a crime of violence dangerous to human life against the person to whom the communication is made or another, and the natural and probable consequence of the threat, whether or not that consequence in fact occurs, is to place the person to whom the threat is communicated, or the person against whom the threat is made, in reasonable fear that the crime will be committed; or

F. Repeatedly and without reasonable cause:

(1) Following the plaintiff; or

(2) Being at or in the vicinity of the plaintiff's home, school, business or place of employment . ; or

Sec. 3. 19-A MRSA §4002, sub-§1, ¶G is enacted to read:

G. Engaging in the unauthorized dissemination of certain private images as prohibited pursuant to Title 17-A, section 511-A.

Sec. 4. 19-A MRSA §4007, sub-§1, ¶M, as amended by PL 2005, c. 510, §11, is further amended to read:

M. Entering any other orders determined necessary or appropriate in the discretion of the court; or

Sec. 5. 19-A MRSA §4007, sub-§1, ¶N, as enacted by PL 2005, c. 510, §12, is amended to read:

N. Directing the care, custody or control of any animal owned, possessed, leased, kept or held by either party or a minor child residing in the household . ; or

Sec. 6. 19-A MRSA §4007, sub-§1, ¶O is enacted to read:

O. Entering any orders determined necessary or appropriate in the discretion of the court to address the unauthorized dissemination of certain private images as described in Title 17-A, section 511-A, including, but not limited to, ordering the defendant to remove, destroy, return or direct the removal, destruction or return of the private images, ordering the defendant to cease the dissemination of the private images and prohibiting the defendant from disseminating the private images.

Sec. 7. 19-A MRSA §4008-A is enacted to read:

§ 4008-A. Certain private images and written information sealed

If a party alleges in an affidavit or a pleading under oath the unauthorized dissemination of certain private images as described in Title 17-A, section 511-A, the images and any written information describing and directly pertaining to the images contained in an affidavit or pleading or other court records must be sealed by the clerk and not disclosed to the public or the media unless the court orders the disclosure to be made after a hearing in which the court determines that disclosure is in the interest of justice.

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.

SUMMARY

This bill amends the protection from abuse laws and the laws concerning unauthorized dissemination of certain private images. The bill provides a process for sealing certain private images and any written information describing and directly pertaining to the images that are contained in court records. The bill adds unauthorized dissemination of certain private images to the definition of "abuse" for the purposes of the protection from abuse laws. The bill adds to the protection from abuse laws remedies pertinent to the unauthorized dissemination of certain private images.

HP1010 LD 1487	Session - 127th Maine Legislature		LR 2210 Item 1
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