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An Act To Enhance the Protection of Social Service Home Visitors
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §207, sub-§1, ¶¶A and B, as enacted by PL 2001, c. 383, §10 and affected by §156, are amended to read:
 
A. The person intentionally, knowingly or recklessly causes bodily injury or offensive physical contact to another person. Violation of this paragraph is a Class D crime; or
 
B. The person has attained at least 18 years of age and intentionally, knowingly or recklessly causes bodily injury to another person who is less than 6 years of age. Violation of this paragraph is a Class C crime.; or
Sec. 2.  17-A MRSA §207, sub-§1, ¶C  is enacted to read:
 
C.  The person violates paragraph A and at the time of the crime the other person is:
 
(1) Licensed as a social worker;
 
(2) Acting within the scope of the person's employment as a social worker; and
 
(3) On the premises of a dwelling place occupied by the actor.
 
Violation of this paragraph is a Class D crime for which the court shall impose, in addition to any sentencing alternative required pursuant to subsection 3, a sentencing alternative involving a term of imprisonment of at least 30 days, none of which may be suspended.
Sec. 3.  17-A MRSA §208, sub-§3  is enacted to read:
 
3.    A person is guilty of aggravated assault if that person violates subsection 1 and at the time of the crime the victim of the crime is:
 
A.  Licensed as a social worker;
 
B.  Acting within the scope of the person's employment as a social worker; and
 
C.  On the premises of a dwelling place occupied by the actor.
 
Violation of this subsection is a Class B crime for which the court shall impose a sentencing alternative involving a term of imprisonment of at least 2 years, none of which may be suspended.
Sec. 4.  17-A MRSA §208-B, sub-§3  is enacted to read:
 
3.    A person is guilty of elevated aggravated assault if that person violates subsection 1 and at the time of the crime the victim of the crime is:
 
A.  Licensed as a social worker;
 
B.  Acting within the scope of the person's employment as a social worker; and
 
C.  On the premises of a dwelling place occupied by the actor.
 
Violation of this subsection is a Class A crime for which the court shall impose a sentencing alternative involving a term of imprisonment of at least 3 years, none of which may be suspended.
Sec. 5.  32 MRSA §7006  is enacted to read:
§ 7006. Law enforcement escort for social worker
A person licensed under this chapter may request and an appropriate law enforcement agency shall provide that the person be accompanied by a law enforcement officer on a visit to a dwelling place occupied by a client of that person if that person is sufficiently concerned for that person's safety.
 
SUMMARY
This bill provides mandatory minimum sentences for a person convicted of assault, aggravated assault or elevated aggravated assault against a social worker who is visiting that person at that person's home. It also requires a law enforcement agency to provide a law enforcement officer to accompany a social worker on a home visit to a client at the request of that social worker if the social worker is sufficiently concerned for the social worker's safety.