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An Act To Ensure the Safety of the Public and of Victims of Sexual Assault
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas,  the Legislature finds that the current criminal justice system does not provide adequate notice and protection to victims of sexual assault and to other members of the public regarding convicted sex offenders in the community; and
Whereas,  this legislation provides immediate additional protections to victims and others in the community; 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. 17-A MRSA §261  is enacted to read:
§ 261.   Standing criminal restraining order
 
1.     As part of the sentence for a violation of an offense under this chapter or under chapter 12, the court shall issue a standing criminal restraining order under this section.
 
2.     A standing criminal restraining order takes effect when a person is released from confinement or at the time of sentencing if no period of confinement is ordered.
 
3.     A standing criminal restraining order must include, but is not limited to, enjoining a person from:
 
A.   Residing within 10 miles of the victim's residence;
 
B.   Residing within 10 miles of where the offense was committed; and
 
C.   If the person resides in a community with fewer than 30,000 residents, residing within 1,000 feet of the real property comprising:
 
(1) A public or private elementary or secondary school;
 
(2) A child care facility licensed pursuant to Title 22, section 8301-A; or
 
(3) A playground or other place where persons under 16 years of age are likely to gather.
 
4.     A standing criminal restraining order remains in effect until modified or revoked by the court for good cause shown.
 
5.     Violation of a standing criminal restraining order is a Class D crime.
 
6.     A standing criminal restraining order must contain the following language: "This order remains in effect until modified or revoked by the court for good cause shown. In accordance with the Maine Revised Statutes, Title 17-A, section 261, violation of a standing criminal restraining order is a Class D crime."
Emergency clause.  In view of the emergency cited in the preamble, this legislation takes effect when approved.
 
SUMMARY
This bill is an emergency bill that requires the court to issue a standing criminal restraining order that applies to persons convicted of sex offenses under the Maine Revised Statutes, Title 17-A, chapters 11 and 12. The standing criminal restraining order takes effect when the defendant is released from confinement or at the time of sentencing if no confinement is ordered and continues until modified or revoked by the court for good cause shown. The order must include, but is not limited to, enjoining the defendant from residing within 10 miles of the victim's residence, within 10 miles of where the offense occurred and within 1,000 feet of a school, day care or playground if there are fewer than 30,000 residents in that community. Violation of the order is a Class D crime.