Sec. 1. 17-A MRSA §1251, as amended by PL 1999, c. 536, §1, is further amended to read:

§1251. Imprisonment for murder

A Notwithstanding section 1252-C, a person convicted of the crime of murder shall must be sentenced to imprisonment for life or, if mitigating circumstances exist, for any term of years that is not less than 25. If mitigating circumstances exist, the court shall specify those circumstances. The sentence of the court shall specify the length of the sentence to be served and shall commit the person to the Department of Corrections.

In setting the length of imprisonment, if the victim is a child who had not in fact attained the age of 6 years at the time the crime was committed, a court shall assign special weight to this objective fact in determining the basic sentence in the first step of the sentencing process. The court shall assign special weight to any subjective victim impact in determining the final sentence in the 2nd and final step in the sentencing process. Nothing in this paragraph may be construed to restrict a court in setting the length of imprisonment from considering the age of the victim in other circumstances when relevant.

SUMMARY

The bill specifies that a person sentenced for the crime of murder must be sentenced to imprisonment for life. Only if mitigating circumstances exist can the court adjust the sentence downward, and if mitigating circumstances exist, the court shall specify those circumstances. If a sentence for murder is adjusted downward, it can not be adjusted below 25 years, which is the current minimum term of imprisonment for murder.