An Act To Ensure Proper Prosecution of Crimes Involving Domestic Violence and Enhance Protection of Victims of Domestic Violence

Emergency preamble. Whereas,  acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas,  to ensure the necessary and proper prosecution of crimes in the State involving domestic violence and to enhance the protection of victims of domestic violence from their abusers, this legislation must take effect immediately; 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,

Sec. 1. 17-A MRSA §§208-D, 208-E and 208-F  are enacted to read:

§ 208-D.  Domestic violence aggravated assault

§ 208-E.  Domestic violence elevated aggravated assault

§ 208-F.  Domestic violence elevated aggravated assault on pregnant person

Sec. 2. 19-A MRSA §4011, sub-§5  is enacted to read:

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.

summary

This bill creates the crimes of domestic violence aggravated assault, domestic violence elevated aggravated assault and domestic violence elevated aggravated assault on a pregnant person. The bill also makes violation of a protection from abuse order a Class C crime if the person has 2 or more prior convictions for violating a protection from abuse order.