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An Act To Protect Families and Enhance Public Safety by Making Domestic Violence a Crime
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §214  is enacted to read:
§ 214.  Domestic violence
 
1.      A person is guilty of domestic violence if:
 
A.  The person violates section 207, 209, 210, 210-A or 211 and the victim is a family or household member as defined in Title 19-A, section 4002, subsection 4. Violation of this paragraph is a Class D crime; or
 
B.  The person violates subsection 1 and, at the time of the offense, if:
 
(1) The person has one or more prior convictions or for engaging in substantially similar conduct in another jurisdiction, where the victim was a family or household member as defined in Title 19-A, section 4002, subsection 4.
 
(2) Has one or more prior convictions for a violation under title 19-A, section 4011, subsection 1 or for engaging in substantially similar conduct in another jurisdiction;
 
(3) Has one or more prior convictions for violating Title 15, section 1026, subsection 3, paragraph A, subparagraph (5) or subparagraph (8); or
 
(4) Has been a defendant against whom a qualifying protective order has been issued within the past 3 years. for the purposes of this paragraph, a "qualifying protective order" means an order issued in the State or another jurisdiction after a full hearing on the merits at which both parties were present and that contains a finding that the defendant abused another person or presents a credible threat to the safety of another person or a minor child. This provision applies regardless of the status of the protective order at the time of the offense.
 
A violation under this paragraph is a Class C crime.
 
2.      Section 9-A governs the use of prior convictions when determining a sentence.
 
SUMMARY
This bill creates the Class D crime of domestic violence that includes certain criminal offenses against a person who is a family or household member and an elevated category that is a Class C crime if the person has certain past convictions of a qualifying protection order issued against the person.