Previous PageTable Of ContentsNext Page

PUBLIC LAWS
First Special Session of the 122nd

CHAPTER 447
H.P. 680 - L.D. 970

An Act To Improve Sentencing for Serious Offenders

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 17-A MRSA §1252, sub-§4-A, as repealed and replaced by PL 2003, c. 688, Pt. A, §14, is amended to read:

     4-A. If the State pleads and proves that, at the time any crime, excluding murder, under chapter 9, 11, 13 or 27 or; 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 or; 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.

     Sec. 2. 17-A MRSA §1322, sub-§3, as repealed and replaced by PL 1993, c. 305, §1, is amended by amending the first paragraph to read:

     3. Economic loss. "Economic loss" includes economic detriment consisting of environmental clean-up expense, property loss, allowable expense, work loss, replacement services loss and, if injury causes death, dependent's economic loss and dependent's replacement services loss. Noneconomic detriment is not loss. Economic detriment is loss although caused by pain and suffering or physical impairment. "Economic loss" includes expenses of an emergency response by any public agency and critical investigation expenses.

     Sec. 3. 17-A MRSA §1322, sub-§3, ¶A-1 is enacted to read:

Effective September 17, 2005.

Revisor of Statutes Homepage Subject Index Search 122nd Laws of Maine Maine Legislature

About the 1st Regular & 1st Special Session Laws Of Maine

Previous PageTop Of PageTable Of ContentsNext Page

Office of the Revisor of Statutes
State House, Room 108
Augusta, Maine 04333

Contact the Office of the Revisor of Statutes