|
been stolen and the other person was not a principal or | accomplice in the commission of the crime. |
|
| | 3.__The Attorney General shall adopt rules governing the | disposition to state, county and municipal agencies of firearms | forfeited under this section.__A handgun not excepted under | subsection 2, paragraph C must be destroyed by the State. |
|
| | 4.__As used in this section, "handgun" means a firearm, | including a pistol or revolver, that has a short stock and is | designed to be held and fired by the use of a single hand. |
|
| | Sec. 8. 17-A MRSA §1202, sub-§1-B, as amended by PL 2003, c. 154, §1, | is repealed and the following enacted in its place: |
|
| | 1-B.__Notwithstanding subsection 1, if the State pleads and | proves that the enumerated Class D or Class E crime was committed | by the person against a family or household member, and if the | court orders the person to complete a certified batterers' | intervention program as defined in Title 19-A, section 4014, the | person may be placed on probation for a period not to exceed 2 | years, except that the term of probation must be terminated by | the court when the probationer has served at least one year of | probation, has completed the certified batterers' intervention | program and has met all other conditions of probation. |
|
| A.__As used in this subsection, the following definitions | apply. |
|
| (1)__"Enumerated Class D or Class E crime" means any | Class D crime in chapter 9, any Class D or Class E | crime in chapter 11, the Class D crimes described in | section 506-B and the Class D crimes described in | sections 554, 555 and 758. |
|
| (2)__"Family or household member" has the same meaning | as in Title 19-A, section 4002, subsection 4. |
|
| B.__Termination under this subsection requires a judicial | finding that the probationer has served at least one year of | probation, has successfully completed a certified batterers' | intervention program and has met all other conditions of | probation. |
|
| | Sec. 9. 17-A MRSA §1205-C, sub-§6, as enacted by PL 1999, c. 246, §3, | is amended to read: |
|
| | 6. Failure to comply with the time limits set forth in this | section is not grounds for dismissal of a motion for probation |
|
|