| SP0074 LD 262 |
Session - 129th Maine Legislature C "A", Filing Number S-74, Sponsored by
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LR 719 Item 2 |
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| Bill Tracking, Additional Documents | Chamber Status | ||
Amend the bill by striking out the title and substituting the following:
‘An Act To Protect Law Enforcement Officers, Corrections Officers, Corrections Supervisors and Staff of Correctional Institutions by Providing a Mandatory Minimum Sentence for Aggravated Assaults against Them That Are Planned or in Which They Are Targeted’
Amend the bill by striking out everything after the enacting clause and inserting the following:
‘Sec. 1. 17-A MRSA §208, sub-§3 is enacted to read:
(1) The court finds by substantial evidence that:
(a) Imposition of a minimum unsuspended term of imprisonment under paragraph B will result in substantial injustice to the defendant;
(b) Failure to impose a minimum unsuspended term of imprisonment under paragraph B will not have an adverse effect on public safety; and
(c) Failure to impose a minimum unsuspended term of imprisonment under paragraph B will not appreciably impair the effect of paragraph B in deterring others from violating this section; and
(2) The court finds that the defendant's background, attitude and prospects for rehabilitation and the nature of the victim and the offense indicate that imposition of a sentence under paragraph B would frustrate the general purposes of sentencing set forth in section 1151.
If the court imposes a sentence under this paragraph, the court shall state in writing its reasons for its findings and for imposing a sentence under this paragraph rather than under paragraph B.’
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
summary
This amendment is the minority report of the committee. The amendment replaces the bill. The amendment provides for a mandatory minimum term of imprisonment for an aggravated assault on a victim who is a law enforcement officer, a corrections officer or corrections supervisor or a member of the staff of a correctional institution who is in the performance of the victim's official duties if the defendant planned the assault prior to the assault or targeted that person because of that person's employment. The amendment provides a procedure and standards for the court to impose a sentence of imprisonment less than the mandatory minimum.