| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 17-A MRSA §1202, sub-§1-A, śC, as enacted by PL 2003, c. 711, | | Pt. B, §16, is amended to read: |
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| | | C. In the case of a crime of gross sexual assault, 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 beor 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 and that the | | person be subject to supervision by a probation officer that | | includes the best available monitoring technology for the | | duration of the term of probation. |
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| | | Sec. 2. 17-A MRSA §1252, sub-§4-D, as enacted by PL 2003, c. 711, Pt. | | B, §20, is amended to read: |
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| | | 4-D. If the State pleads and proves that a crime under | section 253, subsection 1, paragraph C or under | | subsection 1, paragraph C or F was committed against a person who | | had not attained 12 years of age at the time of the offense, the | | age of the victim must be given serious consideration by the | | court in exercising its sentencing discretion. |
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| | | Sec. 3. 17-A MRSA §1252, sub-§4-E is enacted to read: |
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| | | 4-E.__In the case of a crime of gross sexual assault, if the | | State pleads and proves that at the time of the crime the victim | | had not attained 12 years of age, the court, notwithstanding any | | other provision of this code, shall impose a minimum term of | | imprisonment of 25 years, none of which may be suspended.__When a | | person sentenced under this subsection is released from | | incarceration, the Department of Corrections shall supervise that | | person using the best available monitoring technology pursuant to | | section 1202. |
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| | | Sec. 4. 17-A MRSA §1252, sub-§4-F is enacted to read: |
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| | | 4-F.__In the case of a crime of gross sexual assault, 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 |
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