C. In the case of a crime of gross sexual assault rape, if the State pleads and proves that at the time of the crime the victim had not attained 12 years of age and that the defendant has previously been convicted and sentenced for committing gross sexual assault, rape or gross sexual misconduct against a victim who had not attained 12 years of age, the period of probation may be life or any term of years. In addition to any conditions imposed under section 1204, the court shall attach as a condition of probation that the convicted person participate in counseling or treatment to the satisfaction of the probation officer.

Sec. 11. 17-A MRSA §1252, sub-§4-B, ¶A, as amended by PL 2003, c. 711, Pt. B, §19, is further amended to read:

A. As used in this section, "repeat sexual assault offender" means a person who commits a new gross sexual assault rape after having been convicted previously and sentenced for any of the following:

(1) Gross Rape, formerly denominated as gross sexual assault, formerly denominated and as gross sexual misconduct;

(2) Rape;

(3) Attempted murder accompanied by sexual assault;

(4) Murder accompanied by sexual assault; or

(5) Conduct substantially similar to a crime listed in subparagraph (1), (2), (3) or (4) that is a crime under the laws of the United States or any other state.

The date of sentencing is the date of the oral pronouncement of the sentence by the trial court, even if an appeal is taken.

Sec. 12. 17-A MRSA §1252, sub-§4-C, as enacted by PL 2003, c. 711, Pt. B, §20, is amended to read:

4-C. If the State pleads and proves that a Class A crime of gross sexual assault rape was committed by a person who had previously been convicted and sentenced for a Class B or Class C crime of unlawful sexual contact, or an essentially similar crime in another jurisdiction, that prior conviction must be given