LD 1740
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LD 1740 Title Page An Act to Implement Recommendations of the MCJUSTIS Board Pursuant to the Study... Page 2 of 2
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LR 300
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 17-A MRSA §2, sub-§9, ¶D, as repealed and replaced by PL 1977,
c. 510, §10, is amended to read:

 
D. For purposes of this subsection, proof that a thing is
presented in a covered or open manner as a dangerous weapon
shall be presumed to be gives rise to a permissible
inference under the Maine Rules of Evidence, Rule 303 that
it, in fact, is a dangerous weapon.

 
Sec. 2. 17-A MRSA §7, sub-§3, as amended by PL 1979, c. 512, §18, is
further amended to read:

 
3. When the crime is homicide, a person may be convicted
under the laws of this State if either the death of the victim or
the bodily impact causing death occurred within the State or had
a territorial relationship to the State. If Proof that the body
of a homicide victim is found within this State, it is presumed
gives rise to a permissible inference under the Maine Rules of
Evidence, Rule 303 that such death or impact occurred within the
State. When the crime is theft, a person may be convicted under
the laws of this State if he that person obtained property of
another, as defined in chapter 15, section 352, outside of this
State and brought the property into the State.

 
Sec. 3. 17-A MRSA §9-A, sub-§2, as enacted by PL 1999, c. 196, §2, is
amended to read:

 
2. If Proof that 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 gives rise to a permissible inference under__the Maine
Rules of Evidence, Rule 303 that the person charged with the
current principal offense is the same person as that person
convicted of the prior offense.

 
Sec. 4. 17-A MRSA §9-A, sub-§§3 and 4 are enacted to read:

 
3.__Prior convictions may be considered for purposes of
enhancing a present sentence if the date of each prior conviction
precedes the commission of the offense being enhanced by no more
than 10 years, except as otherwise provided by law.__More than
one prior conviction may have occurred on the same day.__The date
of conviction is deemed to be the date that the sentence is
imposed, even though an appeal was taken.

 
4.__Proof of the date stated in a complaint, information,
indictment or other formal charging instrument gives rise to a
permissible inference under the Maine Rules of Evidence, Rule 303


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