| | | 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 harassment orders were not amended to | | allow for service by court security officers when the statutory | | authority for those officers was established and when the law was | | amended to clarify the laws governing service of protection from | | abuse orders in court; 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 harassment 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 harassment 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. 5 MRSA §4654, sub-§5, as enacted by PL 1987, c. 515, §1, is | | amended to read: |
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| | | 5. Service of order. If the court issues a temporary order | or orders emergency or interim relief, it | | 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 petition and the summons. To protect the | | plaintiff, the court may order the omission or deletion of the | | plaintiff's address from any papers served on the defendant. |
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| | | Sec. 2. 5 MRSA §4655, sub-§6, as enacted by PL 1987, c. 515, §1, is | | amended to read: |
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| | | 6. Law enforcement agency to serve defendant. The court | | shall order a law enforcement agency or, if the defendant is | | present in the courthouse, a court security officer qualified |
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