LD 884
pg. 1
LD 884 Title Page An Act To Protect Motherhood Page 2 of 2
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LR 1211
Item 1

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

 
PART A

 
Sec. A-1. 19-A MRSA §4013, sub-§4, ¶C, as amended by PL 2001, c. 240,
§2, is further amended to read:

 
C. The panel shall collect and compile data related to
domestic and sexual abuse, including data relating to deaths
resulting from domestic abuse when the victim was pregnant
at the time of death.

 
Sec. A-2. 22 MRSA §3028, sub-§12 is enacted to read:

 
12.__Report to domestic abuse panel.__If the Chief Medical
Examiner determines that a death resulted from criminal conduct
and that the victim was pregnant at the time of death, the Chief
Medical Examiner shall send a copy of any report prepared under
this section to the Domestic Abuse Homicide Review Panel created
pursuant to Title 19-A, section 4013.

 
PART B

 
Sec. B-1. 17-A MRSA §1251, 2nd ¶, as enacted by PL 1999, c. 536, §1,
is amended to read:

 
In setting the length of imprisonment, if the victim is a
child who had not in fact attained the age of 6 years at the time
the crime was committed or if the victim is a woman that the
convicted person knew or should have known to be in fact pregnant
at the time the crime was committed, a court shall assign special
weight to this objective fact in determining the basic sentence
in the first step of the sentencing process. The court shall
assign special weight to any subjective victim impact in
determining the final sentence in the 2nd and final step in the
sentencing process. Nothing in this paragraph may be construed
to restrict a court in setting the length of imprisonment from
considering the age of the victim in other circumstances when
relevant.

 
SUMMARY

 
This bill adds to the duties of the Maine Commission on
Domestic and Sexual Abuse. It requires the commission's Domestic
Abuse Homicide Review Panel to collect and review data relating
to the death of a pregnant woman when death results from criminal


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