| 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| | Sec. 1. 15 MRSA §757, as repealed and replaced by PL 1981, c. 679, | §1, is repealed.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, last ¶, as amended by PL 1995, c. 645, | Pt. B. §19, is further amended 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. |
|
|