Resolve, To Establish the Commission To Review the Laws Governing Domestic Violence

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

Whereas,  this legislation establishes the Commission To Review the Laws Governing Domestic Violence; and

Whereas,  the study must be initiated before the 90-day period expires in order that the study may be completed and a report submitted in time for submission to the next legislative session; and

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

Sec. 1. Commission established. Resolved: That the Commission To Review the Laws Governing Domestic Violence, referred to in this resolve as "the commission," is established; and be it further

Sec. 2. Commission membership. Resolved: That the commission consists of 11 members appointed as follows:

1. Three members of the Senate, appointed by the President of the Senate, including members from each of the 2 parties holding the largest number of seats in the Legislature. When making the appointments, the President shall give preference to members of the Joint Standing Committee on Criminal Justice and Public Safety and the Joint Standing Committee on Judiciary;

2. Four members of the House of Representatives, appointed by the Speaker of the House, including members from each of the 2 parties holding the largest number of seats in the Legislature. When making the appointments, the Speaker shall give preference to members of the Joint Standing Committee on Criminal Justice and Public Safety and the Joint Standing Committee on Judiciary;

3. The Attorney General or the Attorney General's designee;

4. The Chief of the State Police or the chief's designee;

5. A representative of a statewide organization to end domestic violence and assault, appointed by the Speaker of the House; and

6. A judge or retired judge from the District Court, appointed by the Chief Justice of the Supreme Judicial Court; and be it further

Sec. 3. Chairs. Resolved: That the first-named Senate member is the Senate chair and the first-named House of Representatives member is the House chair of the commission; and be it further

Sec. 4. Appointments; convening of commission. Resolved: That all appointments must be made no later than 30 days following the effective date of this resolve. The appointing authorities shall notify the Executive Director of the Legislative Council once all appointments have been completed. After appointment of all members, the chairs shall call and convene the first meeting of the commission. If 30 days or more after the effective date of this resolve a majority of but not all appointments have been made, the chairs may request authority and the Legislative Council may grant authority for the commission to meet and conduct its business; and be it further

Sec. 5. Duties. Resolved: That the commission shall conduct a comprehensive examination of the laws governing domestic violence in the State to determine whether the principles of ensuring victim safety and batterer accountability are upheld under the existing statutory scheme. The commission shall review the domestic violence laws of other states, invite the participation of experts and interested parties, gather information and request necessary data from public and private entities. As part of its review, the commission shall examine the handling of all aspects of domestic violence cases from investigation to prosecution to movement through the court system and shall evaluate the ways in which the needs of victims of domestic violence are or are not being addressed in the current legal system and the contribution that can be made by laws to deterring batterers' behavior; and be it further

Sec. 6. Staff assistance. Resolved: That the Legislative Council shall provide necessary staffing services to the commission; and be it further

Sec. 7. Report. Resolved: That, no later than December 6, 2017, the commission shall submit a report that includes its findings and recommendations, including suggested legislation, for presentation to the Second Regular Session of the 128th Legislature.

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

SUMMARY

This resolve establishes the Commission To Review the Laws Governing Domestic Violence, which is directed to conduct a comprehensive examination of the laws governing domestic violence in the State to determine whether the principles of ensuring victim safety and batterer accountability are upheld under the existing statutory scheme.