CHAPTER 507
H.P. 1317 - L.D. 1867
Mandate preamble. This measure requires one or more local units of government to expand or modify activities so as to necessitate additional expenditures from local revenues but does not provide funding for at least 90% of those expenditures. Pursuant to the Constitution of Maine, Article IX, Section 21, two thirds of all of the members elected to each House have determined it necessary to enact this measure.
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 19-A MRSA §652, sub-§8, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
8. Parties under 18 years of age. The clerk may not issue a marriage license to a person under 16 18 years of age without:
A. The written consent of that minor's parents, guardians or persons to whom a court has given custody;
B. Notifying the judge of probate in the county in which the minor resides of the filing of this intention; and
C. Receipt of that judge of probate's written consent to issue the license. If written consent from the judge has not been received by the 10th day from the filing of notice of the intention of marriage, consent is deemed to have been received and the clerk shall issue the license. The judge of probate shall base a decision on whether to issue consent on the best interest of the parties under 18 years of age and shall consider the age of both parties and any criminal record of a party who is 18 years of age or older. The judge of probate, in the interest of public welfare, may order, after notice and opportunity for hearing, that a license not be issued. The judge of probate shall issue a decision within 30 days of receiving the notification under paragraph B.
Sec. 2. 19-A MRSA §4013, sub-§1, ķA, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
A. The Governor shall name the chair from among the following members:
(1) Two members, appointed by the Governor, who are representatives of the statewide coalition of family crisis services;
(2) Two members, appointed by the Governor, one of whom has experience counseling abusers, who are representatives of the family counseling profession;
(3) One member, appointed by the Governor, who is a representative of victims of domestic violence;
(4) Two members, appointed by the Governor, one of whom has experience representing victims of domestic abuse, who are attorneys with experience in domestic relations cases;
(5) One person, appointed by the Governor, who was a victim of domestic abuse and used the court system;
(6) One member, appointed by the Governor, who is a district attorney or assistant district attorney;
(7) One member, appointed by the Governor, who is chief of a municipal police department;
(8) One member, appointed by the Governor, who is a county sheriff; and
(9) The Commissioner of Public Safety or the commissioner's designee.; and
(10) Up to 8 members-at-large, appointed by the Governor.
Sec. 3. 19-A MRSA §4013, sub-§4 is enacted to read:
4. Domestic Abuse Homicide Review Panel. The commission shall establish the Domestic Abuse Homicide Review Panel, referred to in this subsection as the "panel," to review the deaths of persons who are killed by family or household members as defined by section 4002.
A. The chair of the commission shall appoint members of the panel who have experience in providing services to victims of domestic abuse and shall include at least the following: the Chief Medical Examiner, a physician, a nurse, a law enforcement officer, the Commissioner of Human Services, the Commissioner of Corrections, the Commissioner of Public Safety, a judge as assigned by the Chief Justice of the Supreme Judicial Court, a representative of the Maine Prosecutors Association, an assistant attorney general responsible for the prosecution of homicide cases designated by the Attorney General, an assistant attorney general handling child protection cases designated by the Attorney General, a victim-witness advocate, a mental health service provider, a facilitator of a certified batterers' intervention program under section 4014 and 3 persons designated by a statewide coalition for family crisis services. Members who are not state officials serve a 2-year term without compensation, except that of those initially appointed by the chair, 1/2 must be appointed for a one-year term.
B. The panel shall recommend to state and local agencies methods of improving the system for protecting persons from domestic abuse, including modifications of laws, rules, policies and procedures following completion of adjudication.
C. The panel shall collect and compile data related to domestic abuse.
D. In any case subject to review by the panel, upon oral or written request of the panel, any person that possesses information or records that are necessary and relevant to a homicide review shall as soon as practicable provide the panel with the information and records. Persons disclosing or providing information or records upon the request of the panel are not criminally or civilly liable for disclosing or providing information or records in compliance with this paragraph.
E. The proceedings and records of the panel are confidential and are not subject to subpoena, discovery or introduction into evidence in a civil or criminal action. The commission shall disclose conclusions of the review panel upon request, but may not disclose information, records or data that are otherwise classified as confidential.
The commission shall submit a report on the panel's activities, conclusions and recommendations to the joint standing committee of the Legislature having jurisdiction over judiciary matters by January 1, 1999 and annually thereafter.
Sec. 4. Effective date. Those sections of this Act that repeal the Maine Revised Statutes, Title 19-A, section 652, subsection 7, amend Title 19-A, section 652, subsection 8 and enact Title 19-A, section 4013, subsection 4 take effect October 1, 1997.
Effective September 19, 1997, unless otherwise indicated, unless otherwise indicated.
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