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already in execution of an undischarged term of imprisonment on a | | sentence in the State, that court may order that the undischarged | | term of imprisonment be tolled for the duration of the coercive | | imprisonment. |
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| | | Sec. 9. 17-A MRSA §1252, sub-§4-A, as amended by PL 2003, c. 1, §10, | | is further amended to read: |
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| | | 4-A. If the State pleads and proves that, at the time any | | crime, excluding murder, under chapter 9, 11, 13 or 27 was | | committed, the defendant had been convicted of 2 or more crimes | | violating chapter 9, 11, 13 or 27 or essentially similar crimes | | in other jurisdictions, the sentencing class for the crime is one | | class higher than it would otherwise be. In the case of a Class | | A crime, the sentencing class is not increased, but the prior | | record must be given serious consideration by the court when | | imposing a sentence. Section 9-A governs the use of prior | | convictions when determining a sentence, except that, for the | | purposes of this subsection, for violations under chapter 11, the | | dates of prior convictions may have occurred at any time. This | | subsection does not apply to section 210-A if the prior | | convictions have already served to enhance the sentencing class | | under section 210-A, subsection 1, paragraph C. |
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| | | Sec. 10. 17-A MRSA §1252-B, as repealed and replaced by PL 1995, c. | | 433, §1, is repealed. |
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| | | Sec. 11. 17-A MRSA §1302, sub-§1, as enacted by PL 1999, c. 367, §3, | | is amended to read: |
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| | | 1. In determining the amount of a fine, unless the fine | | amount is mandatory, and in determining the method of payment of | | a fine, the court shall take into account the present and future | | financial capacity of the offender to pay the fine and the nature | | of the financial burden that payment of the fine will impose on | | the offender or a dependent of the offender, if any. |
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| | | Sec. 12. 17-A MRSA §1352, sub-§3, as enacted by PL 1975, c. 740, §124, | | is amended to read: |
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| | | 3. In the event of the death or resignation of any | the vacancy for hisshall | | filled by the Attorney General. |
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| | | Sec. 13. 17-A MRSA §1355, sub-§1, as enacted by PL 1975, c. 740, §124, | | is amended to read: |
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| | | 1. The Attorney General shall notify all members of the time | | and place of the first meeting. At that time the commission shall | organize, elect a chairmanvice-chairman |
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