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PUBLIC LAWS OF MAINE
First Regular Session of the 119th

CHAPTER 67

H.P. 798 - L.D. 1121

An Act to Clarify the Laws Governing Service of Protection from Abuse 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 abuse orders were not amended to allow for service by court security officers when the statutory authority for those officers was established; and

     Whereas, in many counties, court security officers are often the only law enforcement personnel in a courthouse during civil proceedings, including protection from abuse 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 abuse 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. 19-A MRSA §4006, sub-§6, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:

     6. Service of order. If the court issues a temporary order or orders emergency or interim relief, it the court shall order an appropriate 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 complaint and the summons. To protect the plaintiff, the court may order the omission or deletion of the plaintiff's address from papers served on the defendant. The court shall cause the order to be delivered to the law enforcement agency or court security officer as soon as practicable following the issuance of the order and the law enforcement agency or court security officer shall make a good faith effort to serve process expeditiously.

     Sec. 2. 19-A MRSA §4007, sub-§6, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:

     6. Service of order. 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 a protective order or consent decree.

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

Effective April 14, 1999.

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