| | | Emergency preamble. Whereas, Acts of the Legislature do not become | | effective until 90 days after adjournment unless enacted as | | emergencies; and |
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| | | Whereas, it has recently become apparent that the laws governing | | service of protection from abuse orders were not amended to allow | | for service by court security officers when the statutory | | authority for those officers was established; and |
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| | | Whereas, in many counties, court security officers are often the | | only law enforcement personnel in a courthouse during civil | | proceedings, including protection from abuse cases; and |
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| | | Whereas, the best opportunity for service on a defendant is | | often when the defendant is in court and the opportunity for | | service may be lost if a court security officer is not authorized | | to handle this task; and |
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| | | Whereas, the safety and security of a person who has been issued | | a protection from abuse order may be at greater risk while the | | order is unserved; and |
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| | | 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, |
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| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 19-A MRSA §4006, sub-§6, as enacted by PL 1995, c. 694, Pt. B, | | §2 and affected by Pt. E, §2, is amended to read: |
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| | | 6. Service of order. If the court issues a temporary order | or orders emergency or interim relief, it | | an appropriate law enforcement agency, or, if the defendant is | | present in the courthouse, a court security officer qualified | | pursuant to Title 4, section 17, subsection 15, to serve the | | defendant personally with the order, the complaint and the | | summons. To protect the plaintiff, the court may order the | | omission or deletion of the plaintiff's address from papers | | served on the defendant. The court shall cause the order to be | | delivered to the law enforcement agency or court security officer | | as soon as practicable following the issuance of the order and | | the law enforcement agency or court security officer shall make a | | good faith effort to serve process expeditiously. |
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| | | Sec. 2. 19-A MRSA §4007, sub-§6, as enacted by PL 1995, c. 694, Pt. B, | | §2 and affected by Pt. E, §2, is amended to read: |
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