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upon release from commitment under Title 15, section 101-B or | upon discharge under Title 15, section 104-A; |
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| | Sec. 16. 17-A MRSA §1175, sub-§4, ķA, as enacted by PL 1995, c. 680, | §5, is amended to read: |
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| A. Notice has been provided of an unconditional release or | discharge upon the expiration of the sentence or upon | release under Title 15, section 101-B or upon discharge | under Title 15, section 104-A; or |
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| | Sec. 17. 17-A MRSA §1252, sub-§4, as amended by PL 1977, c. 510, §78, | is further amended to read: |
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| | 4. If the State pleads and proves that a Class B, C, D or E | crime was committed with the use of a dangerous weapon then the | sentencing class for such crime is one class higher than it would | otherwise be. In the case of a Class A crime committed with the | use of a dangerous weapon, such use should be given serious | consideration by the court in exercising its sentencing | discretion. This subsection shall does not apply to a violation | or an attempted violation of section 208, to any other offenses | to which use of a dangerous weapon serves as an element or to any | offense for which the sentencing class is otherwise increased | because the actor or an accomplice to his that actor's or | accomplice's knowledge is armed with a firearm or other dangerous | weapon. |
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| | Sec. 18. 17-A MRSA §1252, sub-§4-A, as amended by PL 2005, c. 447, §1, | 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; 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; 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 or any other | offense in which prior convictions have already served to enhance | the sentencing class. |
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