LD 1501
pg. 8
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LR 506
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 amended by PL 2001, c. 383, §8 and
affected by §156, is further amended to read:

 
2. The sentence for murder is as authorized in chapter 51
except that, if the State pleads and proves that the crime of
murder was committed against a family or household member, the
sentence is as authorized in chapter 52-A.

 
Sec. 8. 17-A MRSA §201, sub-§6 is enacted to read:

 
6.__For the purposes of this section, "family or household
member" has the same meaning as in Title 19-A, section 4002,
subsection 4.

 
Sec. 9. 17-A MRSA §1152, sub-§2, ¶¶K and L, as enacted by PL 2003, c.
711, Pt. A, §9, are amended to read:

 
K. A fine, suspended in whole or in part, with, at the
court's discretion, administrative release as authorized by
chapter 54-G; or

 
L. A suspended term of imprisonment with administrative
release as authorized by chapter 54-G.; or


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