CHAPTER 426
H.P. 240 - L.D. 292
An Act to Add Prior Conviction for Burglary of a Motor Vehicle to Enhancement of Theft Penalties and to Include Burglary of a Motor Vehicle in the Presumption Provision for Theft
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §361, sub-§2, as amended by PL 1975, c. 740, §58, is further amended to read:
2. Proof that the defendant was in exclusive possession of property that had recently been taken under circumstances constituting a violation of this chapter or of chapter 27 shall give gives rise to a presumption that the defendant is guilty of the theft or robbery of the property, as the case may be, and proof that the theft or robbery occurred under circumstances constituting a violation of section 401 or 405 also shall give gives rise to a presumption that the defendant in exclusive possession of property recently so taken is guilty of the burglary or burglary of a motor vehicle, as the case may be.
Sec. 2. 17-A MRSA §362, sub-§3-A, as amended by PL 1987, c. 12, is further amended to read:
3-A. Theft, or any attempt at theft, is a Class C crime if the actor has 2 prior Maine convictions for any combination of theft, any violation of section 405, 702, 703 or 708 or any violation of section 401 in which the crime intended to be committed inside the structure is theft or of section 405 in which the crime intended to be committed inside the motor vehicle is theft, any violation of section 651 or attempts thereat. For purposes of this subsection, the dates of both of the prior convictions must precede the commission of the offense being enhanced by no more than 10 years, although both prior convictions may have occurred on the same day. This subsection does not apply if the commission of the 2 prior offenses occurred within a 3-day period. The date of a conviction shall be is deemed the date that sentence is imposed, even though an appeal was taken. The date of a commission of prior offenses shall be is presumed to be that stated in the complaint, information or indictment, notwithstanding the use of the words "on or about" or the equivalent.
Effective September 21, 2001, unless otherwise indicated.
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