Maine LD 431: An Act To Strengthen the Laws Prohibiting Stalking

LD 431 (subjects: CRIMES , STALKING )

Official bill page at mainelegislature.org: http://www.mainelegislature.org/legis/bills/display_ps.asp?ld=431&PID=1456&snum=127


Sponsors | Actions | Bill Text & Amendments | Patterns of Support


Sponsors

Principal Sponsor: Sen. David Burns of Washington: (R – District 6) — e-mail | Twitter | Facebook

9 Cosponsors:

Actions

Chamber

Action
2/24/2015 Senate Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY
suggested and ordered printed
On motion by Senator Rosen of Hancock REFERRED to the Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY
Ordered sent down forthwith for concurrence.
2/24/2015 House Bill REFERRED to the Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY.
In concurrence. ORDERED SENT FORTHWITH.
4/28/2015 Senate Report READ and ACCEPTED.
READ ONCE.
Committee Amendment “A” (S-49) READ and ADOPTED.
ASSIGNED FOR SECOND READING NEXT LEGISLATIVE DAY.
4/29/2015 Senate COMMITTEE ON BILLS IN THE SECOND READING REPORTS NO FURTHER VERBAL AMENDMENTS NECESSARY, Senator Saviello, Senate Chair. REPORT ACCEPTED.
READ A SECOND TIME and PASSED TO BE ENGROSSED AS AMENDED BY Committee Amendment “A” (S-49).
Ordered sent down forthwith for concurrence.
4/30/2015 House CONSENT CALENDAR – FIRST DAY
Under suspension of the rules
CONSENT CALENDAR – SECOND DAY.
The Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment “A” (S-49).
In concurrence. ORDERED SENT FORTHWITH.
5/5/2015 House PASSED TO BE ENACTED.
Sent for concurrence. ORDERED SENT FORTHWITH.
5/6/2015 Senate On motion by Senator HAMPER of Oxford PLACED ON THE SPECIAL APPROPRIATIONS TABLE pending , in concurrence.
6/30/2015 Senate On Motion by Senator HAMPER of Oxford taken from the SPECIAL APPROPRIATIONS TABLE. PASSED TO BE ENACTED , in concurrence.

Bill Text & Amendments

Important Note: The bill text below presents L.D. 431 as originally introduced. L.D. 431 was changed by the legislature through amendment. To understand the impact of this legislation in proper context, be sure to read adopted amendment text, available here: C-A (S-49) .

An Act To Strengthen the Laws Prohibiting Stalking

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 17-A MRSA 210-A, sub- 1, A, as amended by PL 2007, c. 685, 1, is further amended to read:

A. The actor intentionally or knowingly engages in a course of conduct directed at or concerning a specific person that would cause a reasonable person:

(1) To suffer serious inconvenience or emotional distress;

(2) To fear bodily injury or to fear bodily injury to a close relation;

(3) To fear death or to fear the death of a close relation;

(4) To fear damage or destruction to or tampering with property; or

(5) To fear injury to or the death of an animal owned by or in the possession and control of that specific person.

Violation of this paragraph is a Class D crime; or

Sec. 2. 17-A MRSA 210-A, sub- 1, C, as amended by PL 2009, c. 336, 11, is further amended to read:

C. The actor violates paragraph A and has 2 one or more prior convictions in this State or another jurisdiction. Notwithstanding section 2, subsection 3-B, as used in this paragraph, “another jurisdiction” also includes any Indian tribe.

Violation of this paragraph is a Class C crime , with a minimum term of imprisonment of one year, which may not be suspended.

For the purposes of this paragraph, “prior conviction” means a conviction for a violation of this section; Title 5, section 4659; Title 15, section 321; former Title 19, section 769; Title 19-A, section 4011; Title 22, section 4036; any other temporary, emergency, interim or final protective order; an order of a tribal court of the Passamaquoddy Tribe or the Penobscot Nation; any similar order issued by any court of the United States or of any other state, territory, commonwealth or tribe; or a court-approved consent agreement. Section 9-A governs the use of prior convictions when determining a sentence . ;

Sec. 3. 17-A MRSA 210-A, sub- 1, D and E are enacted to read:

D. The actor violates paragraph A and the course of conduct is directed at or concerning 2 or more specific persons that are members of an identifiable group.

Violation of this paragraph is a Class C crime; or

E. The actor violates paragraph C and at least one prior conviction was for a violation of paragraph D.

Violation of this paragraph is a Class B crime, with a minimum term of imprisonment of 2 years, which may not be suspended.

SUMMARY

This bill expands the crime of stalking to include conduct directed at or concerning a group of persons. This new classification of stalking is a Class C crime, as opposed to a Class D crime for stalking a single individual. This bill also changes the escalation of criminal penalties for subsequent convictions of stalking, with one prior conviction for stalking or violation of a protective order sufficient to enhance penalties, as opposed to the current 2 prior convictions. Subsequent convictions are still a Class C crime, but the bill adds a mandatory minimum sentence of one year. Prior conviction of stalking a group of persons escalates the penalty to that for a Class B crime, with a mandatory minimum sentence of 2 years.

Patterns of Support

Pattern of Cosponsorship by Region:

Pattern of Cosponsorship by Gender:

Pattern of Cosponsorship by Party:

Pattern of Cosponsorship by Campaign Finance Classification:

Note: Maine Clean Elections Act (MCEA) Qualified candidates only accept a small dollar value of initial contributions early in their campaigns, pledge not to accept further campaign contributions from private sources, and receive public funding for their campaigns. MCEA Non-Qualified candidates choose not to obtain public funding and instead are free to accept campaign contributions from individuals, party committees, political action committees and business sources.


This information about LD 431 was last updated on 2016-05-12.
The Open Maine Politics website is in a beta release and results should not be taken as definitive. Please visit the official website of the Maine State Legislature for entirely verifiable information.

Be the first to comment on "Maine LD 431: An Act To Strengthen the Laws Prohibiting Stalking"

Leave a comment

Democracy thrives on participation; please share your thoughts!
Your email address will not be published. Required fields are marked *

Your email address will not be published.


*