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An Act To Strengthen Protection from Abuse Laws
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  19-A MRSA §4011, sub-§§5 and 6  are enacted to read:
 
5.  Mandatory minimum sentences.     The court shall impose a term of imprisonment for a person who violates a protective order or agreement as provided in subsection 1 as follows.
 
A.  For a first conviction of a violation under subsection 1, the court shall impose a definite term of imprisonment of not less than 30 days.
 
B.  If a person has one prior conviction of a violation under subsection 1, the court shall impose a definite term of imprisonment of not less than 90 days.
 
C.  If a person has 2 or more prior convictions of a violation under subsection 1, the court shall impose a definite term of imprisonment of not less than 365 days.
 
Title 17-A, section 9-A governs the use of prior convictions when determining a sentence, except that, for purposes of this subsection, the date of each prior conviction may precede the commission of the offense being enhanced by more than 10 years.
 
6.  Mandatory minimum sentences for reckless conduct or assault.     The court shall impose a term of imprisonment for a person who commits a violation under subsection 4 as follows.
 
A.  For a first conviction of a violation under subsection 4, the court shall impose a definite term of imprisonment of not less than 2 years.
 
B.  If a person has one prior conviction of a violation under subsection 4, the court shall impose a definite term of imprisonment of not less than 3 years.
 
C.  If a person has 2 or more prior convictions of a violation under subsection 4, the court shall impose a definite term of imprisonment of not less than 4 years.
 
Title 17-A, section 9-A governs the use of prior convictions when determining a sentence, except that, for purposes of this subsection, the date of each prior conviction may precede the commission of the offense being enhanced by more than 10 years.
Sec. 2.  19-A MRSA §4015  is enacted to read:
§ 4015. False claim
 
1.  Crime.     A person who knowingly makes a false claim of abuse or neglect or abandonment, as defined in Title 22, section 4002, subsections 1 and 1-A; sexual exploitation of a minor, as set out in Title 17-A, section 282; aggravated sex trafficking as set out in Title 17-A, section 852; sex trafficking as set out in Title 17-A, section 853; or patronizing prostitution of a minor or person with a mental disability as set out in Title 17-A, section 855, subsections 1 and 3 in any proceeding conducted under this chapter is guilty of the crime of false claim if the false claim was made in order to gain an advantage in divorce proceedings.
 
2.  Penalty.     False claim is a Class C crime.
 
SUMMARY
This bill requires a court to sentence a person convicted of violating a protective order or court-approved consent agreement, currently a Class D crime, to a minimum term of imprisonment of 30 days. Subsequent convictions of violating a protective order or court-approved consent agreement are subject to enhanced minimum sentences.
This bill also requires a court to sentence a person convicted of violating a protective order through conduct that is reckless and that creates a substantial risk of death or serious bodily injury to the plaintiff named in the protective order or who assaults the plaintiff named in the protective order, currently a Class C crime, to a minimum term of imprisonment of 2 years; subsequent convictions are subject to enhanced minimum sentences.
This bill also creates the Class C crime of false claim, which occurs when a person during a proceeding for a protection from abuse petition makes a false claim of abuse or neglect or abandonment of a child or alleges sexual exploitation of a minor, sex trafficking, aggravated sex trafficking or patronizing prostitution of a minor or person with a mental disability and that claim or allegation is made for the purpose of gaining an advantage in a divorce proceeding.