H.P. 963 - L.D. 1361
An Act to Increase the Requirement that Drugs be Confiscated from 48 Hours to 6 Months
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §1103, sub-§5, as enacted by PL 1989, c. 924, §9, is repealed.
Sec. 2. 17-A MRSA §1106-A is enacted to read:
§1106-A. Aggregation of amounts of drugs seized
1. Quantities of scheduled drugs involved in violations of section 1103, 1105 or 1106 committed pursuant to one scheme or course of conduct and confiscated within a 6-month period may be aggregated to charge a single violation of appropriate class. Subject to the requirement that the conduct of the defense may not be prejudiced by lack of fair notice or by surprise, the court may at any time order that a single aggregate count be considered as separate violations. An aggregate count of violations may not be deemed duplicative because of such an order and no election may be required. Prosecution may be brought in any venue in which one of the violations aggregated was committed.
2. Quantities of scheduled drugs involved in violation of section 1107 committed pursuant to one scheme or course of conduct and confiscated within a 48-hour period may be aggregated to charge a single violation of appropriate class. Subject to the requirement that the conduct of the defense may not be prejudiced by lack of fair notice or by surprise, the court may at any time order that a single aggregate count be considered as separate violations. An aggregate count of violations may not be deemed duplicative because of such an order and no election may be required. Prosecution may be brought in any venue in which one of the violations aggregated was committed.
Effective September 18, 1999, unless otherwise indicated.
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