Sec. A-1. 15 MRSA c. 16 is enacted to read:
COMMUNITY PROTECTION ORDERS
§ 401. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
The fact that an individual has been released from a mental health facility or has a mental illness that is currently controlled by medication does not establish that the individual presents an immediate and present danger of serious bodily injury or death to the individual or to another individual for the purposes of this chapter.
ISSUE OF TEMPORARY COMMUNITY PROTECTION ORDERS
§ 411. Petition
A law enforcement officer or a family or household member of a high-risk individual may file a petition requesting that the court issue a temporary community protection order prohibiting and enjoining the high-risk individual who is the subject of the petition from having in that individual's custody or control or purchasing, possessing or receiving a firearm or attempting to purchase or receive a firearm.
§ 412. Procedure for issuance of temporary community protection order
For the purposes of this subsection, "recent" means within the 6 months prior to the filing of the petition.
§ 413. Contents of order
A temporary community protection order issued pursuant to this subchapter must include all of the following:
"To (name of restrained individual): A hearing will be held, in the District Court, on the question whether the District Court should issue an extended community protection order against you. You are required to surrender all firearms that you possess in accordance with the Maine Revised Statutes, Title 15, section 414 and you may not have a firearm in your custody or control or purchase, possess or receive or attempt to purchase or receive a firearm while this order is in effect. You may seek the advice of an attorney as to any matter connected with the order."
§ 414. Effect of temporary community protection order; surrender of firearm
§ 415. Term of order
A temporary community protection order expires 14 days from the date the order is issued.
§ 416. Law enforcement officer responsibilities
Following the issuance of a temporary community protection order by a court pursuant to this subchapter, the court shall order a law enforcement officer to serve the community protection order. The law enforcement officer shall:
ISSUE OF EXTENDED COMMUNITY PROTECTION ORDERS
§ 421. Hearing
§ 422. Extended community protection order
§ 423. Law enforcement officer responsibilities
Following the issuance of an extended community protection order by a court pursuant to this subchapter, a law enforcement officer must be directed to serve the community protection order. The law enforcement officer shall:
§ 424. Dissolution of community protection order
RETENTION AND RETURN OF FIREARM
§ 431. Retention and return of firearm
§ 441. Offense
An individual who possesses a firearm knowing that the individual is prohibited from doing so by a temporary community protection order issued pursuant to subchapter 3 or an extended community protection order issued after notice and a hearing pursuant to subchapter 5 commits a Class D crime. As part of any sentence, the court shall prohibit the individual from having in the individual's custody or control, purchasing, possessing, receiving or attempting to purchase or receive a firearm for a 2-year period to commence upon the expiration of the community protection order.
Sec. A-2. 25 MRSA §2804-C, sub-§2-C, as amended by PL 2013, c. 147, §30, is further amended to read:
In developing materials for training in domestic violence issues, the Maine Criminal Justice Academy may consult with a statewide organization involved in advocacy for victims of domestic violence and with an organization having statewide membership representing the interests of firearms owners.
A law enforcement officer who receives custody of a firearm pursuant to Title 19-A, section 4006, subsection 2-A or , Title 19-A, section 4007, subsection 1, paragraph A-1 or Title 15, chapter 16 shall exercise reasonable care to avoid loss, damage or reduction in value of the firearm and may not permanently mark the firearm or fire the firearm unless there is reasonable suspicion that the firearm has been used in the commission of a crime. Any liability for damage or reduction in value to such a firearm is governed by Title 14, chapter 741.
Sec. B-1. 15 MRSA §393, sub-§1, ¶E, as amended by PL 2015, c. 470, §1, is further amended to read:
(1) Committed involuntarily to a hospital pursuant to an order of the District Court under Title 34-B, section 3864 because the person was found to present a likelihood of serious harm, as defined under Title 34-B, section 3801, subsection 4-A, paragraphs A to C;
(2) Found not criminally responsible by reason of insanity with respect to a criminal charge; or
(3) Found not competent to stand trial with respect to a criminal charge . ; or
(4) Ordered to participate in a progressive treatment program pursuant to Title 34-B, section 3873-A and, as part of that order, directed not to possess firearms pursuant to Title 34-B, section 3873-A, subsection 7-A.
Violation of this paragraph is a Class D crime;
Sec. B-2. 34-B MRSA §3873-A, sub-§5, ¶A-1 is enacted to read:
Sec. B-3. 34-B MRSA §3873-A, sub-§§7-A and 7-B are enacted to read:
If the court prohibits the patient from possessing a firearm, muzzle-loading firearm, bow, crossbow or other dangerous weapon, the court shall notify the patient that possession of a firearm by the person is prohibited pursuant to Title 15, section 393. The court also shall direct the patient to relinquish, within 24 hours after service of the order on the patient or such earlier time as the court specifies in the order, all firearms, muzzle-loading firearms, bows, crossbows and specified dangerous weapons in the possession of the patient to a law enforcement officer or other individual for the duration of the order. If the weapons are relinquished to an individual other than a law enforcement officer, the patient must file, within 24 hours after such relinquishment, with the court or local law enforcement agency designated in the order a written statement that contains the name and address of the individual holding the weapons and a description of all weapons held by that individual.
The duties and liability of a law enforcement agency with respect to firearms surrendered pursuant to this subsection are governed by Title 25, section 2804-C, subsection 2-C.
The abstract required by this subsection is confidential and is not a public record as defined in Title 1, chapter 13; however, a copy of the abstract may be provided by the State Bureau of Identification to a criminal justice agency for legitimate law enforcement purposes, to the Federal Bureau of Investigation, National Instant Criminal Background Check System or to an issuing authority for the purpose of processing concealed firearm permit applications.
For the purposes of this subsection, "criminal justice agency" means a federal, state, tribal, district, county or local government agency or any subunit of those entities that performs the administration of criminal justice under a statute or executive order and that allocates a substantial part of its annual budget to the administration of criminal justice. Courts and the Department of the Attorney General are considered criminal justice agencies. "Criminal justice agency" also includes any equivalent criminal justice agency at any level of Canadian government.
Sec. C-1. Appropriations and allocations. The following appropriations and allocations are made.
Courts - Supreme, Superior and District 0063
Initiative: Appropriates funds on a one-time basis for programming and related information technology costs for case management system changes.
|GENERAL FUND TOTAL||$0||$281,000|