CHAPTER 542
H.P. 1624 - L.D. 2271
An Act to Clarify the Laws Governing Service of Protection from Harassment Orders in Court
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, it has recently become apparent that the laws governing service of protection from harassment orders were not amended to allow for service by court security officers when the statutory authority for those officers was established and when the law was amended to clarify the laws governing service of protection from abuse orders in court; and
Whereas, in many counties, court security officers are often the only law enforcement personnel in a courthouse during civil proceedings, including protection from harassment cases; and
Whereas, the best opportunity for service on a defendant is often when the defendant is in court and the opportunity for service may be lost if a court security officer is not authorized to handle this task; and
Whereas, the safety and security of a person who has been issued a protection from harassment order may be at greater risk while the order is unserved; 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,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §4654, sub-§5, as enacted by PL 1987, c. 515, §1, is amended to read:
5. Service of order. If the court issues a temporary order or orders emergency or interim relief, it the court shall order a law enforcement agency or, if the defendant is present in the courthouse, a court security officer qualified pursuant to Title 4, section 17, subsection 15 to serve the defendant personally with the order, the petition and the summons. To protect the plaintiff, the court may order the omission or deletion of the plaintiff's address from any papers served on the defendant.
Sec. 2. 5 MRSA §4655, sub-§6, as enacted by PL 1987, c. 515, §1, is amended to read:
6. Law enforcement agency to serve defendant. The court shall order a law enforcement agency or, if the defendant is present in the courthouse, a court security officer qualified pursuant to Title 4, section 17, subsection 15 to serve the defendant personally with any protective order or consent decree.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective March 6, 2000.
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