DV Legislation

LD 1990 Resolve, To Prevent Domestic Violence and Protect Our Citizens

Preamble. Whereas, the effects of deadly domestic violence and its impact on the State’s public health system and social services system are far-reaching; and

Whereas, it is imperative that the State explore adoption of a comprehensive strategy and network to address the many challenges of preventing domestic violence and protecting the State’s citizens and communities; now, therefore, be it

Sec. 1 Review of supports and protections. Resolved: That the Domestic Abuse Homicide Review Panel, established in the Maine Revised Statutes, Title 19-A, section 4013, subsection 4 and referred to in this resolve as “the panel,” shall undertake a comprehensive review of the measures currently in place to support and protect victims and potential victims of domestic violence. In undertaking this review, the panel shall specifically consider:
A. The ability of domestic violence advocacy offices in the counties of the State to provide sufficient support, referrals, resources and protection for domestic violence victims given current levels of funding;
B. The establishment of a program to provide to victims, free of charge, the services of attorneys trained in domestic violence matters;
C. The assignment of a trained domestic violence law enforcement officer in each county or town;
D. The feasibility of providing increased funding for safe houses and crisis assistance for victims and their families; and
E. The feasibility of providing increased funding for free and accessible counseling and support services for victims, including regular funding for support vouchers for child care, housing, education and other needs of victims; and be it further

Sec. 2 Review domestic violence laws. Resolved: That the panel shall undertake a comprehensive review of the provisions of the criminal code related to domestic violence. In undertaking this review, the panel shall specifically consider the need for:
A. The establishment of a statewide registry of perpetrators of domestic violence;
B. Increasing penalties and periods of incarceration for convicted perpetrators of domestic violence; and
C. The imposition of measures on convicted perpetrators of domestic violence such as mandatory counseling, police visits, automatic restraining orders and the use of mandatory monitoring and tracking devices; and be it further

Sec. 3 Report. Resolved: That the panel shall submit a report of its findings, including any necessary implementing legislation, to the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters no later than December 10, 2008. After receipt and review of the report, the joint standing committee may submit legislation based on the report to the First Regular Session of the 124th Legislature.

SUMMARY
This resolve directs the Domestic Abuse Homicide Review Panel, established in the Maine Revised Statutes, Title 19-A, section 4013, subsection 4, to undertake a comprehensive review of the measures currently in place to support and protect victims and potential victims of domestic violence. In addition, the panel is directed to review the provisions of the criminal code related to domestic violence. The panel is authorized to submit a report of its findings, including any necessary implementing legislation, to the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters.

for more information about this and other bills in the Maine State Legislature, visit http://www.maine.gov/legis/

2007 DV Legislation

Domestic Violence made the front page of the weekend Bangor Daily for April 28-29, 2007. Gouldsboro Police Chief Guy Wycoff noted in his statement of probable cause that both physical and sexual assaults were ongoing in the marriage. In fact, they “had been going on since the couple moved to Gouldsboro in 2004” and the defendant’s wife had “kept a journal of how often the assaults occurred.” This news story, as well as other recent accounts, shows just how necessary new domestic violence legislation is. We’ve reached a wall in domestic violence criminal prosecution, and it is now time to break that wall down. The Maine Coalition to End Domestic Violence is working on a three-bill package that effectively removes bricks from the wall, but your help is needed! Please contact your legislators and tell them how important these pieces of domestic violence legislation are.

The first bill (LD 1627) is “An Act to Protect the Public Safety by Making Battering a Crime.” By recognizing that domestic violence is a pattern of behavior, prosecution of domestic violence crimes can move away from the incident-based model currently in use, and look at domestic violence as it actually exists – a pattern of conduct that occurs over time.

The second bill (LD 1039), “An Act to Enhance Law Enforcement’s Ability to Determine the Predominant Aggressor in Domestic Violence Situations” takes another step toward the reality of domestic violence. In several states across the country, law enforcement academies train agents and officers to arrest the “primary aggressor” in domestic violence situations. For many officers, “primary” means “the first to take a swing.” This is a dangerous assumption in domestic violence situations because, after months (or even years) of emotional battering and abuse that occurs “under the radar,” many victims will finally lash out and take a swing – the moment many abusers wait for so that they can report an incident of abuse against themselves and claim self defense when they retaliate with brutal physical violence. The state of Maine has been using “predominant aggressor” language, however, this bill provides better guidelines for analyzing and evaluating who the predominant physical aggressor is in the situation after self-defense has been ruled out. By training law enforcement agents in the power differential between abuser and victim, this bill takes a step toward better understanding of and reaction to domestic violence.

The third bill (LD 1224) before the legislature is a funding bill that will help restore funds that were previously enacted and then cut. We have been receiving increased federal aid to make up the difference, but this has left us flat funded for almost five years, while our costs continue to rise unavoidably. We are all nearing a true budget crisis. While the State budget forecast is still a challenge, the costs to Maine residents because of domestic violence grow more every day. Maine Coalition members, advocates, and friends are asking for Maine residents to contact their legislators and tell them to vote against any budget that does not provide a significant restoration of funds for Domestic Violence and Sexual Assault.

You can locate your representatives on the web at http://janus.state.me.us/house/townlist.htm

Please use the letter below as a model for contacting your legislators about the need for adequate funding for domestic violence agencies in Maine:

June 1, 2007

[Your Name]