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motion to terminate or convert and any objection to the motion by a | | victim.__If a hearing is held on the motion by the court and the | | victim is present in court, the victim may address the court at | | that time. |
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| | | Sec. 7. 17-A MRSA §1201, sub-§1, ķA-1, as enacted by PL 2003, c. 711, | | Pt. A, §10, is amended to read: |
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| | | A-1. The conviction is for a Class D or Class E crime other | than any Class D crime committed against a family or | household member under chapter 9 or 13 or section 506-B, | 554, 555 or 758; any Class D or Class E crime in chapter 11 | or 12; a Class D or Class E crime under section 556, 854, | excluding subsection 1, paragraph A, subparagraph (1), or | 855; and the Class D or Class E crime under Title 29-A, | section 2411, subsection 1-A, paragraph B. As used in this | paragraph, "family or household member" has the same meaning | as in Title 19-A, section 4002, subsection 4;: |
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| | | (1)__A Class D or Class E crime relative to which, | | based upon both the written agreement of the parties | | and a court finding, the facts and circumstances of the | | underlying criminal episode giving rise to the | | conviction generated probable cause to believe the | | defendant had committed a Class A, Class B or Class C | | crime in the course of that criminal episode and, as | | agreed upon in writing by the parties and found by the | | court, the defendant has no prior conviction for murder | | or for a Class A, Class B or Class C crime and has not | | been placed on probation pursuant to this subparagraph | | on any prior occasion; |
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| | | (2)__A Class D crime committed against a family or | | household member under chapter 9 or 13 or section 506- | | B, 554, 555 or 758.__As used in this subparagraph, | | "family or household member" has the same meaning as in | | Title 19-A, section 4002, subsection 4; |
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| | | (3)__A Class D or Class E crime in chapter 11 or 12; |
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| | | (4)__A Class D crime under section 210-A; |
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| | | (5)__A Class D or Class E crime under section 556, | | section 854, excluding subsection 1, paragraph A, | | subparagraph (1), or section 855; |
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| | | (6)__A Class D crime in chapter 45 relating to a | | schedule W drug; or |
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