B. "Accompanied by sexual assault" as used with respect to attempted murder, murder and crimes involving substantially similar conduct in other jurisdictions is satisfied if the sentencing court at the time of sentence imposition makes such a finding it was definitionally an element of the crime or was pleaded and proved beyond a reasonable doubt at trial by the State or other jurisdiction.

Sec. 20. 17-A MRSA §1252, sub-§9 is enacted to read:

9.__Subsections in this section that make the sentencing class for a crime one class higher than it would otherwise be when pled and proved may be applied successively if the subsections to be applied successively contain different class enhancement factors.

Sec. 21. 17-A MRSA §1348, as enacted by PL 2003, c. 711, Pt. A, §19, is amended to read:

§1348. Eligibility for deferred disposition

A person who has pled guilty to a Class C, Class D or Class E crime, except a crime expressly providing that one or more punishment alternatives it authorizes may not be suspended, and who consents to a deferred disposition in writing, is eligible for a deferred disposition.

SUMMARY

This bill amends the law regarding possession by prohibited persons of firearms or crossbows to:

1. Conform the terminology regarding the affirmative defense of insanity to that recently adopted in the Maine Revised Statutes, Title 17-A, sections 39 and 40 in the statute governing possession by prohibited persons of firearms or crossbows. This change is made pursuant to Public Law 2005, chapter 263, sections 5 to 7;

2. Add a reference to parole, supervised release for sex offenders and administrative release; and

3. Change a cross-reference for the definition of "not criminally responsible by reason of insanity" and remove language no longer needed because of this change.