LD 1020
pg. 5
Page 4 of 11 An Act To Amend the Maine Criminal Code as Recommended by the Criminal Law Advi... Page 6 of 11
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LR 811
Item 1

 
(2) To withhold testimony, information or evidence.

 
Violation of this paragraph is a Class C crime;

 
Sec. 8. 17-A MRSA §1108, sub-§5, as enacted by PL 2001, c. 419, §20,
is amended to read:

 
5. For purposes of the causation required by subsection 1,
engaging in an act of deception described in subsection 2,
paragraph A or B is deemed to have gives rise to a permissible
inference under the Maine Rules of Evidence, Rule 303, that
the act of deception in fact resulted in the acquisition of
any drugs prescribed to that person by that prescribing health
care provider or person acting under the direction or
supervision of that prescribing health care provider.

 
Sec. 9. 17-A MRSA §1158, first ¶, as repealed and replaced by PL 2001,
c. 667, Pt. A, §37 and affected by §38, is amended to read:

 
As part of every judgment of conviction and sentence
imposed, a firearm must be forfeited to the State if that
firearm:

 
Sec. 10. 17-A MRSA §1159 is enacted to read:

 
§1159.__Recalcitrant witness in execution of sentence

 
involving imprisonment

 
In the event a witness in a grand jury or criminal
proceeding has been ordered confined by a court of record in
the State as a remedial sanction for refusing to comply with
an order of the court to testify or provide evidence, and that
witness is already in execution of an undischarged term of
imprisonment on a sentence in the State, that court may order
that the undischarged term of imprisonment be tolled for the
duration of the coercive imprisonment.

 
Sec. 11. 17-A MRSA §1252, sub-§2, ¶A, as amended by PL 1995, c. 473,
§1, is repealed and the following enacted in its place:

 
A.__In the case of a Class A crime, the court shall set a
definite period not to exceed 40 years.__The Supreme
Judicial Court may establish sentencing factors within the
sentencing range;

 
Sec. 12. 17-A MRSA §1252, sub-§4-A, as repealed and replaced by PL
2001, c. 667, Pt. A, §39 and affected by §40, is amended to
read:


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