H.P. 950 - L.D. 1347
An Act Addressing an Allegation of Prior Conviction When the Sentence Is Enhanced
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 15 MRSA §757, as repealed and replaced by PL 1981, c. 679, §1, is repealed.
Sec. 2. 17-A MRSA §9-A is enacted to read:
9-A. Allegation of prior conviction when sentence enhanced
1. Except as otherwise provided by law, a prior conviction must be specially alleged if the sentencing provision of a crime requires that a present sentence be enhanced because the person has been previously convicted of a specified crime. For the purpose of this section, a sentence is enhanced only if the maximum sentence that may be imposed is increased or a mandatory minimum nonsuspendable sentence must be imposed. The Supreme Judicial Court shall provide by rule the manner of alleging the prior conviction in a charging instrument and conditions for using that prior conviction at trial.
2. If the name and date of birth of the person charged with the current principal offense are the same as those of the person who has been convicted of the prior offense, it is presumed that the person charged with the current principal offense is the same person as that person convicted of the prior offense.
Sec. 3. 29-A MRSA §2412-A, sub-§3, as amended by PL 1995, c. 645, Pt. B. §19, is further amended by amending the last paragraph to read:
A separate reading of the allegation and a separate trial as are not required by Title 15, section 757 do not apply to a proceeding under this subsection.
Sec. 4. 29-A MRSA §2433, sub-§1, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
1. Permissible considerations. Notwithstanding the provisions of Title 15 17-A, section 757 9-A, in determining the appropriate sentence, the court shall consider whether the defendant operated with a passenger under 16 years of age, the record of convictions for criminal traffic offenses, adjudications of traffic infractions or suspensions of license for failure to submit to a test.
In determining the appropriate sentence, the court may rely on oral representations based on records maintained by the courts, the State Bureau of Identification or the Secretary of State, including telecommunications of records maintained by the Secretary of State.
If the defendant disputes the accuracy of a representation concerning a conviction or adjudication, the court shall grant a continuance to determine the accuracy of the record.
Effective September 18, 1999, unless otherwise indicated.
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