| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 17-A MRSA §1201, sub-§1, ķA-1, as enacted by PL 2003, c. 711, | Pt. A, §10, is repealed and the following enacted in its place: |
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| A-1.__The conviction is for a Class D or Class E crime other | than: |
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| (1)__A Class D or Class E crime that was initially | charged by the attorney for the State as a Class A, | Class B or Class C crime; |
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| (2)__A Class D crime committed by a person who has a | prior conviction for a Class A, Class B, Class C or | Class D crime under this Title; a prior conviction | under Title 29-A, section 2411; or a prior conviction | under Title 29-A, chapter 23, subchapter 5; |
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| (3)__A Class D crime committed against a family or | household member under chapter 9 or 13 or section 506- | B, 554, 555 or 758; |
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| (4)__A Class D or Class E crime in chapter 11 or 12; |
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| (5)__A Class D or Class E crime under section 556; 854, | excluding subsection 1, paragraph A, subparagraph (1); | or 855; |
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| (6)__A Class D crime under section 804; |
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| (7)__A Class D crime under section 1107-A, subsection | 1, paragraph C; |
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| (8)__A Class D crime under Title 17, section 1031; and |
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| (9)__A Class D crime under Title 29-A, section 2411, | subsection 1-A, paragraph B. |
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| As used in this paragraph, "family or household member" has | the same meaning as in Title 19-A, section 4002, subsection | 4; |
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| | Sec. 2. 17-A MRSA §1202, sub-§1-A, ķA-1, as enacted by PL 2003, c. 711, | Pt. A, §12, is repealed and the following enacted in its place: |
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| A-1.__If the State pleads and proves that the person was | convicted of a Class A, Class B or Class C crime and has a prior | conviction for a Class A, Class B, Class C or Class D |
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