| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 17-A MRSA §1256, sub-§2, as amended by PL 1983, c. 408, §4, is | further amended to read: |
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| | 2. In all other cases, the court shall state in the sentence | of imprisonment whether a sentence shall must be served | concurrently with or consecutively to any other sentence | previously imposed or to another sentence imposed on the same | date. The sentences must be consecutive for murder and Class A, | B and C crimes absent a reason stated on the record. The | sentences shall for Class D and E crimes must be concurrent | unless, in considering the following factors, the court decides | to impose sentences consecutively: |
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| A. That the convictions are for offenses based on different | conduct or arising from different criminal episodes; |
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| B. That the defendant was under a previously imposed | suspended or unsuspended sentence and was on probation, | under incarceration or on a release program at the time the | person committed a subsequent offense; |
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| C. That the defendant had been released on bail when that | person committed a subsequent offense, either pending trial | of a previously committed offense or pending the appeal of | previous conviction; or |
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| D. That the seriousness of the criminal conduct involved in | either a single criminal episode or in multiple criminal | episodes or the seriousness of the criminal record of the | convicted person, or both, require a sentence of | imprisonment in excess of the maximum available for the most | serious offense. |
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| | Sec. 2. 17-A MRSA §1256, sub-§§3 and 4, as enacted by PL 1981, c. 324, | §34, are amended to read: |
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| | 3. A Notwithstanding subsection 2, a defendant may not be | sentenced to consecutive terms for crimes arising out of the same | criminal episode when: |
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| A. One crime is an included crime of the other; |
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| B. One crime consists only of a conspiracy, attempt, | solicitation or other form of preparation to commit, or | facilitation of, the other; |
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