An Act to Ensure Due Process for Recipients of No Trespass Orders on Certain State Properties

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132nd MAINE LEGISLATURE
FIRST SPECIAL SESSION-2025
Legislative Document No. 1958
S.P. 765 In Senate, May 7, 2025
An Act to Ensure Due Process for Recipients of No Trespass Orders
on Certain State Properties
Reference to the Committee on Judiciary suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator GROHOSKI of Hancock.
Cosponsored by Representative MILLIKEN of Blue Hill and
Senators: BENNETT of Oxford, HICKMAN of Kennebec, TALBOT ROSS of Cumberland,
TIPPING of Penobscot, Representatives: HASENFUS of Readfield, HENDERSON of
Rumford, LEE of Auburn, POIRIER of Skowhegan.

Page 1 - 132LR2114(01)
1Be it enacted by the People of the State of Maine as follows:
2CONCEPT DRAFT
3SUMMARY
4 This bill is a concept draft pursuant to Joint Rule 208.
5 The bill would ensure due process for a recipient of a no trespass order from a State
6 Government entity that prohibits the recipient of the order from accessing certain state
7 properties.
8 1. The legislation is limited to state properties where the public accesses state services
9 and where the public has a reasonable expectation of entry.
10 2. The no trespass order must include a reason for the order that is available to the
11 recipient of the order upon request of the recipient of the order.
12 3. The allowable reasons to serve such a no trespass order are harassment of the State
13 Government entity as defined in the Maine Revised Statutes, Title 5, section 4651,
14 subsection 2 or a refusal to leave the state property upon request 3 or more times in a one-
15 month period.
16 4. The recipient of the no trespass order may contest the order within 14 days of the
17 receipt of the order.
18 5. The court must set a date for return within 7 days of the recipient's contesting the
19 order.
20 6. In a court proceeding on the issuance of such a no trespass order, the court must use
21 the procedure as described for the issuance of a protection from abuse order under Title
22 19-A, chapter 103 and ensure that a defendant in a proceeding on the issuance of a no
23 trespass order receives the same due process protections as a defendant in a proceeding on
24 the issuance of a protection from abuse order.
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