Sec. 1. 17-A MRSA §254, sub-§4 is enacted to read:

4.__If an actor convicted of a violation under subsection 1 has one or more prior convictions under subsection 1, the court shall sentence the actor to a mandatory term of imprisonment and order the actor to receive counseling.__The sentencing class for violation of subsection 1 is one class higher than it would otherwise be under subsection 3 if the State pleads and proves that the actor has been convicted twice or more of crimes under subsection 1.

Sec. 2. 17-A MRSA §255, sub-§4 is enacted to read:

4.__If an actor convicted of a violation under subsection 1, paragraph D or I has one or more prior convictions under subsection 1, paragraph D or I the court shall sentence the actor to a mandatory term of imprisonment and order the actor to receive counseling.__The sentencing class for violation of subsection 1, paragraph D or I is one class higher than it would otherwise be under subsection 2 if the State pleads and proves that the actor has been convicted twice or more of crimes under subsection 1, paragraph D or I.

SUMMARY

This bill requires a court to impose a mandatory jail sentence and order counseling for a person convicted of sexual abuse of a minor if that person has one or more prior convictions of sexual abuse of a minor. The bill also requires a court to impose a mandatory jail sentence and order counseling for a person convicted of unlawful sexual contact with a person who suffers from a mental disability if the person convicted has one or more prior convictions of that crime. The bill also raises the sentencing class by one class if the State pleads and proves that the person has been convicted twice or more for the same crime.