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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 2one 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. In determining the sentence for a violation of this paragraph the court shall impose a sentence of imprisonment by using a 2-step process. In the first step the court shall determine a base term of imprisonment of one year. In the 2nd step the court shall determine and impose a term of imprisonment for the defendant the length of which is appropriate for the defendant after consideration of the factors required by section 1252, subsection 5-D and aggravating and mitigating factors, including, but not limited to, the character of the defendant and the defendant's criminal history, the effect of the offense on the victim and the protection of the public interest.
 
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. In determining the sentence for a violation of this paragraph the court shall impose a sentence of imprisonment by using a 2-step process. In the first step the court shall determine a base term of imprisonment of 2 years. In the 2nd step the court shall determine and impose a term of imprisonment for the defendant the length of which is appropriate for the defendant after consideration of the factors required by section 1252, subsection 5-D and aggravating and mitigating factors, including, but not limited to, the character of the defendant and the defendant's criminal history, the effect of the offense on the victim and the protection of the public interest.
 
Effective 90 days following adjournment of the 127th Legislature, First Regular Session, unless otherwise indicated.