HP1375
LD 1857
Second Regular Session - 125th Maine Legislature
 
LR 2663
Item 1
Bill Tracking, Additional Documents Chamber Status

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.


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