LD 2214
pg. 8
Page 7 of 11 An Act to Reinstate the Death Penalty Page 9 of 11
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LR 2885
Item 1

 
1.__Automatic sentence review.__When a person is sentenced to
death, the Supreme Judicial Court shall review the sentence in
accordance with this section.__The sentence review is automatic and
in addition to a consideration of any errors raised on direct
appeal.__If a direct appeal is taken, the appeal and the sentence
review are consolidated.__For purposes of the sentence review, the
entire record of the proceedings of the trial court is transmitted
to the Supreme Judicial Court.

 
2.__Excessive or disproportionate sentence.__With regard to
the review of the sentence, the Supreme Judicial Court shall
determine whether the sentence is excessive or disproportionate
to the sentence imposed in similar cases, if any, considering
both the crime and the defendant.__If the Supreme Judicial Court
finds the sentence excessive or disproportionate to the sentence
imposed in similar cases, the court may, in addition to any of
its other powers, set aside the sentence and remand the case to
the trial court for the imposition of a sentence of life
imprisonment.

 
3.__Direct appeal.__The sentence review and the direct appeal,
if any, have priority over other cases and must be heard in
accordance with any rules that the Supreme Judicial Court may
prescribe to implement this section.__A sentence of death may not
be executed unless the sentence is reviewed and affirmed in
accordance with this section.

 
Sec. 7. 17-A MRSA §201, sub-§2, as repealed and replaced by PL 1977,
c. 510, §38, is amended to read:

 
2. The sentence for murder shall be is as authorized in
chapter 51 52-A.

 
Sec. 8. 17-A MRSA §1251, as repealed and replaced by PL 1983, c.
673, §3, is repealed.

 
Sec. 9. 17-A MRSA §1252-B, sub-§2, as enacted by PL 1995, c. 433, §1,
is amended to read:

 
2. For persons who commit crimes on or after October 1, 1995,
section 1253, subsection 8 substantially reduces the statutory
deductions available under subsections 3 and 3-B for good time
and under subsections 4 and 5 for meritorious good time. The
change is intended to ensure that the term of imprisonment
imposed closely approximates what will in fact be served and to
abandon administrative awards that have seriously imperiled the
State's statutory scheme relative to authorized terms of
imprisonment for murder under section 1251 1271 and for crimes
other than murder under section 1252, subsection 2. At


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