PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:
‘Sec. 1. 17-A MRSA §207-A  is enacted to read:
§ 207-A.  Domestic violence assault
 
1.      A person is guilty of domestic violence assault if:
 
A.  The person violates section 207 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 paragraph A and at the time of the offense:
 
(1) The person has one or more prior convictions for violating paragraph A or for violating section 209-A, 210-B, 210-C or 211-A or one or more prior convictions for engaging in conduct substantially similar to that contained in paragraph A or in section 209-A, 210-B, 210-C or 211-A in another jurisdiction;
 
(2) Has one or more prior convictions for violating Title 19-A, section 4011, subsection 1 or one or more prior convictions for engaging in conduct substantially similar to that contained in Title 19-A, section 4011, subsection 1 in another jurisdiction; or
 
(3) Has one or more prior convictions for violating Title 15, section 1026, subsection 3, paragraph A, subparagraph (5) or subparagraph (8) when the alleged victim in the case for which the defendant was on bail was a family or household member as defined in Title 19-A, section 4002, subsection 4.
 
Violation of this paragraph is a Class C crime.
 
2.      Section 9-A governs the use of prior convictions when determining a sentence.
Sec. 2. 17-A MRSA §209-A  is enacted to read:
§ 209-A.  Domestic violence criminal threatening
 
1.      A person is guilty of domestic violence criminal threatening if:
 
A.  The person violates section 209 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 paragraph A and at the time of the offense:
 
(1) The person has one or more prior convictions for violating paragraph A or for violating section 207-A, 210-B, 210-C or 211-A or one or more prior convictions for engaging in conduct substantially similar to that contained in paragraph A or in section 207-A, 210-B, 210-C or 211-A in another jurisdiction;
 
(2) Has one or more prior convictions for violating Title 19-A, section 4011, subsection 1 or one or more prior convictions for engaging in conduct substantially similar to that contained in Title 19-A, section 4011, subsection 1 in another jurisdiction; or
 
(3) Has one or more prior convictions for violating Title 15, section 1026, subsection 3, paragraph A, subparagraph (5) or subparagraph (8) when the alleged victim in the case for which the defendant was on bail was a family or household member as defined in Title 19-A, section 4002, subsection 4.
 
Violation of this paragraph is a Class C crime.
 
2.      Section 9-A governs the use of prior convictions when determining a sentence.
Sec. 3. 17-A MRSA §210-B  is enacted to read:
§ 210-B.  Domestic violence terrorizing
 
1.      A person is guilty of domestic violence terrorizing if:
 
A.  The person violates section 210 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 paragraph A and at the time of the offense:
 
(1) The person has one or more prior convictions for violating paragraph A or for violating section 207-A, 209-A, 210-C or 211-A or one or more prior convictions for engaging in conduct substantially similar to that contained in paragraph A or in section 207-A, 209-A, 210-C or 211-A in another jurisdiction;
 
(2) Has one or more prior convictions for violating Title 19-A, section 4011, subsection 1 or one or more prior convictions for engaging in conduct substantially similar to that contained in Title 19-A, section 4011, subsection 1 in another jurisdiction; or
 
(3) Has one or more prior convictions for violating Title 15, section 1026, subsection 3, paragraph A, subparagraph (5) or subparagraph (8) when the alleged victim in the case for which the defendant was on bail was a family or household member as defined in Title 19-A, section 4002, subsection 4.
 
Violation of this paragraph is a Class C crime.
 
2.      Section 9-A governs the use of prior convictions when determining a sentence.
Sec. 4. 17-A MRSA §210-C  is enacted to read:
§ 210-C.  Domestic violence stalking
 
1.      A person is guilty of domestic violence stalking if:
 
A.  The person violates section 210-A 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 paragraph A and at the time of the offense:
 
(1) The person has one or more prior convictions for violating paragraph A or for violating section 207-A, 209-A, 210-B or 211-A or one or more prior convictions for engaging in conduct substantially similar to that contained in paragraph A or in section 207-A, 209-A, 210-B or 211-A in another jurisdiction;
 
(2) Has one or more prior convictions for violating Title 19-A, section 4011, subsection 1 or one or more prior convictions for engaging in conduct substantially similar to that contained in Title 19-A, section 4011, subsection 1 in another jurisdiction; or
 
(3) Has one or more prior convictions for violating Title 15, section 1026, subsection 3, paragraph A, subparagraph (5) or subparagraph (8) when the alleged victim in the case for which the defendant was on bail was a family or household member as defined in Title 19-A, section 4002, subsection 4.
 
Violation of this paragraph is a Class C crime.
 
2.      Section 9-A governs the use of prior convictions when determining a sentence.
Sec. 5. 17-A MRSA §211-A  is enacted to read:
§ 211-A.  Domestic violence reckless conduct
 
1.      A person is guilty of domestic violence reckless conduct if:
 
A.  The person violates section 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 paragraph A and at the time of the offense:
 
(1) The person has one or more prior convictions for violating paragraph A or for violating section 207-A, 209-A, 210-B or 210-C or one or more prior convictions for engaging in conduct substantially similar to that contained in paragraph A or in section 207-A, 209-A, 210-B or 210-C in another jurisdiction;
 
(2) Has one or more prior convictions for violating Title 19-A, section 4011, subsection 1 or one or more prior convictions for engaging in conduct substantially similar to that contained in Title 19-A, section 4011, subsection 1 in another jurisdiction; or
 
(3) Has one or more prior convictions for violating Title 15, section 1026, subsection 3, paragraph A, subparagraph (5) or subparagraph (8) when the alleged victim in the case for which the defendant was on bail was a family or household member as defined in Title 19-A, section 4002, subsection 4.
 
Violation of this paragraph is a Class C crime.
 
2.     Section 9-A governs the use of prior convictions when determining a sentence.’
 
SUMMARY
This amendment replaces the bill. It specifies, using unique statutory citations to conform to technical drafting standards, each crime: domestic violence assault, domestic violence criminal threatening, domestic violence terrorizing, domestic violence stalking and domestic violence reckless conduct. As in the bill, each offense is a Class D crime of domestic violence that is committed against a person who is a family or household member. The amendment also retains an aggravated Class C version of each offense if the person: has one or more prior convictions for one of the domestic violence crimes or one or more prior convictions for engaging in conduct substantially similar to these crimes in another jurisdiction; has one or more prior convictions for violating the Maine Revised Statutes, Title 19-A, section 4011, subsection 1 or one or more prior convictions for engaging in conduct substantially similar to that contained in Title 19-A, section 4011, subsection 1 in another jurisdiction; or has one or more prior convictions for violating Title 15, section 1026, subsection 3, paragraph A, subparagraph (5) or subparagraph (8) when the alleged victim in the case for which the defendant was on bail was a family or household member as defined in Title 19-A, section 4002, subsection 4.