Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas, protection from abuse and protection from harassment actions inherently involve a potential for violence and further intimidation; and

Whereas, a judge, with access to court security, is best able to ensure the physical and psychological safety of parties and their families in such actions; 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. 5 MRSA §4652, as amended by PL 1995, c. 650, §2, is further amended by adding after the first paragraph a new paragraph to read:

Proceedings under this chapter must be presided over by a judge or justice and may not be referred to a referee unless both parties agree and the court provides the equivalent of court security for all proceedings conducted by the referee.

Sec. 2. 19-A MRSA §4003, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended by adding after the first paragraph a new paragraph to read:

Proceedings under this chapter must be presided over by a judge or justice and may not be referred to a referee unless both parties agree and the court provides the equivalent of court security for all proceedings conducted by the referee.

Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

SUMMARY

This bill requires that protection from harassment proceedings and protection from abuse proceedings may be referred to a referee only if all the parties agree and the court provides the equivalent of court security for the proceedings conducted by the referee.