‘An Act To Increase Safety for Victims of Domestic Violence and Victims of Sexual Assault’
| SP0649 LD 1656 |
Session - 126th Maine Legislature C "A", Filing Number S-409, Sponsored by
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LR 2494 Item 2 |
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| Bill Tracking, Additional Documents | Chamber Status | ||
Amend the bill by striking out the title and substituting the following:
‘An Act To Increase Safety for Victims of Domestic Violence and Victims of Sexual Assault’
Amend the bill by inserting after the title and before the enacting clause the following:
‘Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, a victim of domestic violence or sexual assault is further traumatized when the alleged offender engages in unwanted contact with the victim; and
Whereas, current law does not prohibit a person accused of domestic violence or sexual assault from contacting the victim prior to the setting of bail; and
Whereas, the protection of a victim of domestic violence or sexual assault from unwanted contact by the alleged offender is paramount to a successful prosecution of the criminal conduct and the ability of the victim to repair the victim's life; 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,’
Amend the bill by striking out all of section 2 and inserting the following:
‘Sec. 2. 15 MRSA §1094-B is enacted to read:
§ 1094-B. Improper contact with a family or household member prior to the setting of preconviction bail
As used in this subsection, "family or household member" has the same meaning as in Title 19-A, section 4002, subsection 4.
Amend the bill in section 6 in subsection 1-A in the 4th line (page 2, line 18 in L.D.) by inserting after the following: " domestic violence" the following: ' or a victim of sexual assault'
Amend the bill by adding after section 6 the following:
‘Sec. 7. 19-A MRSA §4002, sub-§4, as amended by PL 2011, c. 640, Pt. C, §1, is further amended to read:
Sec. 8. Uniform policy. No later than June 1, 2014, the State Board of Corrections shall establish a minimum, uniform policy for notifying defendants detained at a county jail or other correctional facility after being arrested for an offense under the Maine Revised Statutes, Title 15, section 1023, subsection 4, paragraph B-1 and prior to the setting of preconviction bail by a justice or judge that it is a crime to make direct or indirect contact with a victim who is a member of the defendant's family or household.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.’
summary
The bill creates the new crime of improper contact with a family or household member prior to the setting of preconviction bail, which applies in cases of domestic violence and sexual assault. The amendment:
1. Changes the title of the bill to include victims of sexual assault; and
2. Provides that prior to criminal liability for the crime, county jail staff must notify a defendant arrested for a domestic violence offense or sexual assault and prior to the setting of bail not to make direct or indirect contact with a specifically identified family or household member who is the victim of the offense.
The bill permits a law enforcement agency to share confidential criminal history record information with an advocate for the sole purpose of planning for the safety of a victim of domestic violence. This amendment also allows the sharing of this information with an advocate of a victim of sexual assault for the same purpose.
This amendment also directs the State Board of Corrections to establish a minimum, uniform policy by June 1, 2014 for notifying defendants detained at a county jail or other correctional facility after being arrested for a domestic violence offense or sexual assault and prior to the setting of preconviction bail by a justice or judge that it is a crime to make direct or indirect contact with a victim who is a member of the defendant's family or household.
Finally, the amendment adds an emergency preamble and emergency clause.