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been stolen and the other person was not a principal or | | accomplice in the commission of the crime. |
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| | | 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. |
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| | | 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. |
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| | | Sec. 8. 17-A MRSA §1202, sub-§1-B, as amended by PL 2003, c. 154, §1, | | is repealed and the following enacted in its place: |
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| | | 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. |
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| | | A.__As used in this subsection, the following definitions | | apply. |
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| | | (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. |
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| | | (2)__"Family or household member" has the same meaning | | as in Title 19-A, section 4002, subsection 4. |
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| | | 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. |
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| | | Sec. 9. 17-A MRSA §1205-C, sub-§6, as enacted by PL 1999, c. 246, §3, | | is amended to read: |
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| | | 6. Failure to comply with the time limits set forth in this | | section is not grounds for dismissal of a motion for probation |
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