HP1127
LD 1654
Session - 127th Maine Legislature
 
LR 2667
Item 1
Bill Tracking, Additional Documents Chamber Status

An Act To Strengthen Protection from Abuse Laws

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

Sec. 1. 19-A MRSA §4011, sub-§§5 and 6  are enacted to read:

5 Mandatory minimum sentences.   The court shall impose a term of imprisonment for a person who violates a protective order or agreement as provided in subsection 1 as follows.
A For a first conviction of a violation under subsection 1, the court shall impose a definite term of imprisonment of not less than 30 days.
B If a person has one prior conviction of a violation under subsection 1, the court shall impose a definite term of imprisonment of not less than 90 days.
C If a person has 2 or more prior convictions of a violation under subsection 1, the court shall impose a definite term of imprisonment of not less than 365 days.

Title 17-A, section 9-A governs the use of prior convictions when determining a sentence, except that, for purposes of this subsection, the date of each prior conviction may precede the commission of the offense being enhanced by more than 10 years.

6 Mandatory minimum sentences for reckless conduct or assault.   The court shall impose a term of imprisonment for a person who commits a violation under subsection 4 as follows.
A For a first conviction of a violation under subsection 4, the court shall impose a definite term of imprisonment of not less than 2 years.
B If a person has one prior conviction of a violation under subsection 4, the court shall impose a definite term of imprisonment of not less than 3 years.
C If a person has 2 or more prior convictions of a violation under subsection 4, the court shall impose a definite term of imprisonment of not less than 4 years.

Title 17-A, section 9-A governs the use of prior convictions when determining a sentence, except that, for purposes of this subsection, the date of each prior conviction may precede the commission of the offense being enhanced by more than 10 years.

Sec. 2. 19-A MRSA §4015  is enacted to read:

§ 4015 False claim

1 Crime.   A person who knowingly makes a false claim of abuse or neglect or abandonment, as defined in Title 22, section 4002, subsections 1 and 1-A; sexual exploitation of a minor, as set out in Title 17-A, section 282; aggravated sex trafficking as set out in Title 17-A, section 852; sex trafficking as set out in Title 17-A, section 853; or patronizing prostitution of a minor or person with a mental disability as set out in Title 17-A, section 855, subsections 1 and 3 in any proceeding conducted under this chapter is guilty of the crime of false claim if the false claim was made in order to gain an advantage in divorce proceedings.
2 Penalty.   False claim is a Class C crime.

summary

This bill requires a court to sentence a person convicted of violating a protective order or court-approved consent agreement, currently a Class D crime, to a minimum term of imprisonment of 30 days. Subsequent convictions of violating a protective order or court-approved consent agreement are subject to enhanced minimum sentences.

This bill also requires a court to sentence a person convicted of violating a protective order through conduct that is reckless and that creates a substantial risk of death or serious bodily injury to the plaintiff named in the protective order or who assaults the plaintiff named in the protective order, currently a Class C crime, to a minimum term of imprisonment of 2 years; subsequent convictions are subject to enhanced minimum sentences.

This bill also creates the Class C crime of false claim, which occurs when a person during a proceeding for a protection from abuse petition makes a false claim of abuse or neglect or abandonment of a child or alleges sexual exploitation of a minor, sex trafficking, aggravated sex trafficking or patronizing prostitution of a minor or person with a mental disability and that claim or allegation is made for the purpose of gaining an advantage in a divorce proceeding.


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