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An Act To Ensure Proper Prosecution of Crimes Involving Domestic Violence and Enhance Protection of Victims of Domestic Violence
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas,  to ensure the necessary and proper prosecution of crimes in the State involving domestic violence and to enhance the protection of victims of domestic violence from their abusers, this legislation must take effect immediately; and
Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  17-A MRSA §§208-D, 208-E and 208-F  are enacted to read:
§ 208-D. Domestic violence aggravated assault
 
1.      A person is guilty of domestic violence aggravated assault if:
 
A.  The person violates section 208; and
 
B.  The victim is a family or household member as defined in Title 19-A, section 4002, subsection 4.
 
2.      Violation of this section is a Class B crime.
§ 208-E. Domestic violence elevated aggravated assault
 
1.      A person is guilty of domestic violence elevated aggravated assault if:
 
A.  The person violates section 208-B; and
 
B.  The victim is a family or household member as defined in Title 19-A, section 4002, subsection 4.
 
2.      Violation of this section is a Class A crime.
§ 208-F. Domestic violence elevated aggravated assault on pregnant person
 
1.      A person is guilty of domestic violence elevated aggravated assault on a pregnant person if:
 
A.  The person violates section 208-C; and
 
B.  The victim is a family or household member as defined in Title 19-A, section 4002, subsection 4.
 
2.      Violation of this section is a Class A crime.
Sec. 2.  19-A MRSA §4011, sub-§5  is enacted to read:
 
5.  Repeat violations.     A person who commits a violation under subsection 1 and has 2 or more prior convictions under subsection 1 or for engaging in substantially similar conduct in another jurisdiction commits a Class C crime. Title 17-A, section 9-A governs the use of prior convictions when determining a sentence.
Emergency clause.  In view of the emergency cited in the preamble, this legislation takes effect when approved.
 
SUMMARY
This bill creates the crimes of domestic violence aggravated assault, domestic violence elevated aggravated assault and domestic violence elevated aggravated assault on a pregnant person. The bill also makes violation of a protection from abuse order a Class C crime if the person has 2 or more prior convictions for violating a protection from abuse order.