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| 1.__Automatic sentence review.__When a person is sentenced to | | death, the Supreme Judicial Court shall review the sentence in | | accordance with this section.__The sentence review is automatic and | | in addition to a consideration of any errors raised on direct | | appeal.__If a direct appeal is taken, the appeal and the sentence | | review are consolidated.__For purposes of the sentence review, the | | entire record of the proceedings of the trial court is transmitted | | to the Supreme Judicial Court. |
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| | | 2.__Excessive or disproportionate sentence.__With regard to | | the review of the sentence, the Supreme Judicial Court shall | | determine whether the sentence is excessive or disproportionate | | to the sentence imposed in similar cases, if any, considering | | both the crime and the defendant.__If the Supreme Judicial Court | | finds the sentence excessive or disproportionate to the sentence | | imposed in similar cases, the court may, in addition to any of | | its other powers, set aside the sentence and remand the case to | | the trial court for the imposition of a sentence of life | | imprisonment. |
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| | | 3.__Direct appeal.__The sentence review and the direct appeal, | | if any, have priority over other cases and must be heard in | | accordance with any rules that the Supreme Judicial Court may | | prescribe to implement this section.__A sentence of death may not | | be executed unless the sentence is reviewed and affirmed in | | accordance with this section. |
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| | | Sec. 7. 17-A MRSA §201, sub-§2, as amended by PL 2001, c. 383, §8 and | | affected by §156, is further amended to read: |
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| | | 2. The sentence for murder is as authorized in chapter 51 | | except that, if the State pleads and proves that the crime of | | murder was committed against a family or household member, the | | sentence is as authorized in chapter 52-A. |
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| | | Sec. 8. 17-A MRSA §201, sub-§6 is enacted to read: |
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| | | 6.__For the purposes of this section, "family or household | | member" has the same meaning as in Title 19-A, section 4002, | | subsection 4. |
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| | | Sec. 9. 17-A MRSA §1152, sub-§2, ¶¶K and L, as enacted by PL 2003, c. | | 711, Pt. A, §9, are amended to read: |
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| | | K. A fine, suspended in whole or in part, with, at the | | court's discretion, administrative release as authorized by | chapter 54-G; or |
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| | | L. A suspended term of imprisonment with administrative | release as authorized by chapter 54-G.; or |
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