| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 17-A MRSA §1203, sub-§1-A, ¶D is enacted to read: |
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| D.__If a person is sentenced to a term of imprisonment, none | of which is suspended, which is followed by one or more | consecutive terms of imprisonment that are suspended either | in whole or in part, the court may revoke probation in any | of the consecutive sentences for criminal conduct committed | during any period of imprisonment that precedes commencement | of the period of probation. |
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| | Sec. 2. 17-A MRSA §1252, sub-§4-A, as repealed and replaced by PL | 2003, c. 688, Pt. A, §14, is 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 or; | section 402-A, subsection 1, paragraph A; or section 752-A or | 752-C was committed, the defendant had been convicted of 2 or | more crimes violating chapter 9, 11, 13 or 27 or; section 402-A, | subsection 1, paragraph A; or section 752-A or 752-C 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. 3. 17-A MRSA §1256, sub-§1, as amended by PL 1999, c. 458, §1, is | further amended to read: |
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| | 1. Other provisions of this section notwithstanding, when a | person subject to an undischarged term of imprisonment is | convicted of a violation of section 752-A, 755 or 757 or of any | other crime against the person of a member of the staff of the | institution in which the convicted person was imprisoned or of a | violation of section 806 involving government property in the | institution in which the convicted person was imprisoned or any | other crime against government property in the institution in | which the convicted person was imprisoned, any new crime or of an | attempt to commit any of the crimes mentioned in this subsection | new crime, the sentence is not concurrent with the undischarged | terms of imprisonment. The court may order that the undischarged | terms of imprisonment be tolled and service of the nonconcurrent |
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