CHAPTER 334
H.P. 1264 - L.D. 1791
An Act to Bring the State into Conformity with the Firearms Provisions of the Violence against Women Provisions of the Federal Violent Crime Control Act
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 15 MRSA �393, sub-�1, ��B and C, as enacted by PL 1993, c. 368, �1, are amended to read:
B. Has been convicted of a crime, under the laws of the United States, this State or any other state, that was committed with the use of a dangerous weapon or a firearm against a person, except for a violation of former Title 12, chapter 319, subchapter III; or
C. Has been adjudicated in this State or under the laws of the United States or any other state to have engaged in conduct as a juvenile that, if committed by an adult, would have been a disqualifying conviction:
(1) Under paragraph A and bodily injury to another person was threatened or resulted; or
(2) Under paragraph B.; or
Sec. 2. 15 MRSA �393, sub-�1, �D is enacted to read:
D. Is subject to an order of a court of the United States or a state, territory, commonwealth or tribe that restrains that person from harassing, stalking or threatening an intimate partner, as defined in 18 United States Code, Section 921(a), of that person or a child of the intimate partner of that person, or from engaging in other conduct that would place the intimate partner in reasonable fear of bodily injury to the intimate partner or the child, except that this paragraph applies only to a court order that was issued after a hearing for which that person received actual notice and at which that person had the opportunity to participate and that:
(1) Includes a finding that the person represents a credible threat to the physical safety of an intimate partner or a child; or
(2) By its terms, explicitly prohibits the use, attempted use or threatened use of physical force against an intimate partner or a child that would reasonably be expected to cause bodily injury.
Sec. 3. 15 MRSA �393, sub-�8, as enacted by PL 1977, c. 225, �2, is amended to read:
8. Penalty. A violation of subsection 1, paragraph A, B or C is a Class C crime. A violation of subsection 1, paragraph D is a Class D crime.
Sec. 4. 19-A MRSA �4007, sub-�1, as enacted by PL 1995, c. 694, Pt. B, �2 and affected by Pt. E, �2, is amended by amending the first paragraph to read:
1. Protection order; consent agreement. The court, after a hearing and upon finding that the defendant has committed the alleged abuse, may grant a protective order or, upon making that finding, approve a consent agreement to bring about a cessation of abuse. This subsection does not preclude the parties from voluntarily requesting a consent agreement without a finding of abuse. The court may enter a finding that the defendant represents a credible threat to the physical safety of the plaintiff or a minor child residing in the plaintiff's household. Relief granted under this section may include:
Sec. 5. 19-A MRSA �4007, sub-�1, �A-1 is enacted to read:
A-1. Directing the defendant not to possess a firearm or other dangerous weapon for the duration of the order;
Sec. 6. 19-A MRSA �4007, sub-�3, as enacted by PL 1995, c. 694, Pt. B, �2 and affected by Pt. E, �2, is amended to read:
3. Consequences of violation. A protective order or approved consent agreement must indicate, in a clear and conspicuous manner, the potential consequences of violation of the order or agreement, as
provided in section 4011 and Title 15, section 393, subsection 1, paragraph D, if applicable.
Effective September 19, 1997, unless otherwise indicated.
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