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accomplice's knowledge is armed with a firearm or other dangerous | | weapon. |
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| | | Sec. 18. 17-A MRSA §1252, sub-§4-A, as amended by PL 2005, c. 447, §1, | | is further amended to read: |
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| | | 4-A. If the State pleads and proves that, at the time any | | crime, excluding murder, under chapter 9, 11, 13 or 27; section | | 402-A, subsection 1, paragraph A; or section 752-A or 752-C was | | committed, the defendant had been convicted of 2 or more crimes | | violating chapter 9, 11, 13 or 27; section 402-A, subsection 1, | | paragraph A; or section 752-A or 752-C or essentially similar | | crimes in other jurisdictions, the sentencing class for the crime | | is one class higher than it would otherwise be. In the case of a | | Class A crime, the sentencing class is not increased, but the | | prior record must be given serious consideration by the court | | when imposing a sentence. Section 9-A governs the use of prior | | convictions when determining a sentence, except that, for the | | purposes of this subsection, for violations under chapter 11, the | | dates of prior convictions may have occurred at any time. This | | subsection does not apply to section 210-A if the prior | | convictions have already served to enhance the sentencing class | | under section 210-A, subsection 1, paragraph C or any other | | offense in which prior convictions have already served to enhance | | the sentencing class. |
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| | | Sec. 19. 17-A MRSA §1252, sub-§4-B, ¶B, as enacted by PL 1999, c. 788, | | §8, is amended to read: |
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| | | B. "Accompanied by sexual assault" as used with respect to | | attempted murder, murder and crimes involving substantially | similar conduct in other jurisdictions is satisfied if the | sentencing court at the time of sentence imposition makes | such a finding | | or was pleaded and proved beyond a reasonable doubt at trial | | by the State or other jurisdiction. |
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| | | Sec. 20. 17-A MRSA §1252, sub-§9 is enacted to read: |
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| | | 9.__Subsections in this section that make the sentencing class | | for a crime one class higher than it would otherwise be when pled | | and proved may be applied successively if the subsections to be | | applied successively contain different class enhancement factors. |
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| | | Sec. 21. 17-A MRSA §1348, as enacted by PL 2003, c. 711, Pt. A, | | §19, is amended to read: |
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| | | §1348. Eligibility for deferred disposition |
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