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| 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. |
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| | | 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. |
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| | | 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. |
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| | | Sec. 7. 17-A MRSA §201, sub-§2, as repealed and replaced by PL 1977, | | c. 510, §38, is amended to read: |
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| | | 2. The sentence for murder shall be is as authorized in | chapter 51 52-A. |
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| | | Sec. 8. 17-A MRSA §1251, as repealed and replaced by PL 1983, c. | | 673, §3, is repealed. |
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| | | Sec. 9. 17-A MRSA §1252-B, sub-§2, as enacted by PL 1995, c. 433, §1, | | is amended to read: |
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| | | 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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