M.__A sentence of death as authorized by chapter 52-A.

Sec. 11. 17-A MRSA c. 52-A is enacted to read:

CHAPTER 52-A

CAPITAL PUNISHMENT

§1271.__Authorized sentence

A person who is convicted of murder under section 201 of a family or household member is sentenced to death.

§1272.__Appeal of prior murder conviction

If a person has been convicted of murder under section 201 and the offense upon which the conviction was based is finally invalidated as a result of an appeal or collateral proceeding and retrial, if any, the person may petition a court of competent jurisdiction to be resentenced.__If a subsequent conviction under section 201 results in the imposition of a sentence of death pursuant to section 1271 and the conviction for the prior offense is on appeal or is the subject of a collateral proceeding, the sentence of death may not be executed until after the final disposition of the appeal, collateral proceeding and retrial, if any.

SUMMARY

This bill reinstates the death penalty only for persons who murder family or household members.