LD 2001
pg. 8
Page 7 of 12 An Act To Implement Recommendations of the Criminal Law Advisory Commission ... Page 9 of 12
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LR 3078
Item 1

 
upon release from commitment under Title 15, section 101-B or
upon discharge under Title 15, section 104-A;

 
Sec. 16. 17-A MRSA §1175, sub-§4, ķA, as enacted by PL 1995, c. 680,
§5, is amended to read:

 
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

 
Sec. 17. 17-A MRSA §1252, sub-§4, as amended by PL 1977, c. 510, §78,
is further amended to read:

 
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.

 
Sec. 18. 17-A MRSA §1252, sub-§4-A, as amended by PL 2005, c. 447, §1,
is further amended to read:

 
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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