| | | 4-A. If the State pleads and proves that, at the time any | | crime, excluding murder, under chapter 9, 11, 13 or 27 was | | committed, the defendant had been convicted of 2 or more | | crimes violating chapter 9, 11, 13 or 27 or essentially | | similar crimes in other jurisdictions, the sentencing class | | for the crime is one class higher than it would otherwise be. | | In the case of a Class A crime, the sentencing class is not | | increased, but the prior record must be given serious | | consideration by the court when imposing a sentence. Section | | 9-A governs the use of prior convictions when determining a | | sentence, except that, for the purposes of this subsection, | | the dates of prior convictions may have occurred at any time. | | This subsection does not apply to section 210-A if the prior | | convictions have already served to enhance the sentencing | | class under section 210-A, subsection 1, paragraph C. |
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| | | Sec. 13. 17-A MRSA §1252-B, as repealed and replaced by PL 1995, | | c. 433, §1, is repealed. |
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| | | Sec. 14. 17-A MRSA §1302, sub-§1, as enacted by PL 1999, c. 367, §3, | | is amended to read: |
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| | | 1. In determining the amount of a fine, unless the fine | | amount is mandatory, and in determining the method of payment | | of a fine, the court shall take into account the present and | | future financial capacity of the offender to pay the fine and | | the nature of the financial burden that payment of the fine | | will impose on the offender or a dependent of the offender, if | | any. |
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| | | Sec. 15. 17-A MRSA §1352, sub-§3, as enacted by PL 1975, c. 740, | | §124, is amended to read: |
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| | | 3. In the event of the death or resignation of any | member, the vacancy for hisshall | | must be filled by the Attorney General. |
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| | | Sec. 16. 17-A MRSA §1355, sub-§1, as enacted by PL 1975, c. 740, | | §124, is amended to read: |
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| | | 1. The Attorney General shall notify all members of the | | time and place of the first meeting. At that time the | commission shall organize, elect a chairmanvice- | chairman | | to the administration of the commission and its affairs. The | | commission shall maintain such financial records as may be | | required by the State Auditor. |
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| | | Sec. 17. Effective date. That section of this Act that repeals the | | Maine Revised Statutes, Title 17-A, section 1252-B takes | | effect January 1, 2004. |
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