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person must be released from custody and any record of that custody | | must show that the person was released for that reason. If, upon | | trial for violating subsection 2, a person is acquitted on the | ground that the evidence of the person's correct name and | | and date of birth was accurate, the record of acquittal must show | | that that was the ground. |
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| | | Sec. 5. 17-A MRSA §751, sub-§1, as amended by PL 1997, c. 351, §2, is | | further amended to read: |
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| | | 1. A person is guilty of obstructing government | administration if the person uses | force, violence or intimidation or engages in any criminal act | with the intent to interfere | | servant performing or purporting to perform an official function. |
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| | | Sec. 6. 17-A MRSA §1158, as amended by PL 2003, c. 143, §7, is | | repealed. |
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| | | Sec. 7. 17-A MRSA §1158-A is enacted to read: |
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| | | §1158-A.__Forfeiture of firearms |
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| | | 1.__As part of every sentence imposed, except as provided in | | subsection 2, a court shall order that a firearm must be | | forfeited to the State if: |
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| | | A.__That firearm constitutes the basis for conviction under: |
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| | | (1)__Title 15, section 393; |
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| | | (2)__Section 1105-A, subsection 1, paragraph C-1; |
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| | | (3)__Section 1105-B, subsection 1, paragraph C; |
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| | | (4)__Section 1105-C, subsection 1, paragraph C-1; or |
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| | | (5)__Section 1105-D, subsection 1, paragraph B-1; or |
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| | | B.__The State pleads and proves that the firearm is used by | | the defendant or an accomplice during the commission of any | | murder or Class A, Class B or Class C crime or any Class D | | crime defined in chapter 9, 11 or 13. |
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| | | 2.__Except as provided in subsection 3, a court may not order | | the forfeiture of a firearm otherwise qualifying for forfeiture | | under subsection 1 if another person can satisfy the court by a | | preponderance of the evidence and prior to the imposition of the | | defendant's sentence that: |
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