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| | | An Act To Improve Sentencing for Serious Offenders |
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| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 17-A MRSA §1252, sub-§4-A, as repealed and replaced by PL | | 2003, c. 688, Pt.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 | | 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| | | Sec. 2. 17-A MRSA §1322, sub-§3, as repealed and replaced by PL 1993, | | c. 305, §1, is amended by amending the first paragraph to read: |
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