An Act To Strengthen Protection from Abuse Laws
Sec. 1. 19-A MRSA §4011, sub-§§5 and 6 are enacted to read:
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.
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
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.