CHAPTER 460
H.P. 229 - L.D. 293
An Act to Create a Repeat Offender Provision Addressing Crimes of Violence against Persons
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA �212, as amended by PL 1995, c. 694, Pt. D, �23 and affected by Pt. E, �2, is repealed.
Sec. 2. 17-A MRSA �254, sub-�3, ��A and B, as repealed and replaced by PL 1995, c. 104, �3, are amended to read:
A. The actor was more than 10 years older than the other person; or
B. The actor knew the other person was related to the actor within the 2nd degree of consanguinity; or.
Sec. 3. 17-A MRSA �254, sub-�3, �C, as repealed and replaced by PL 1995, c. 104, �3, is repealed.
Sec. 4. 17-A MRSA �255, sub-�2, as amended by PL 1995, c. 104, �7, is further amended to read:
2. Unlawful sexual contact is a Class D crime, except that a violation of subsection 1, paragraph J is a Class E crime and except that a violation of subsection 1, paragraph C, G or H is a Class C crime, and a violation of this section when the actor has 2 or more prior Maine convictions for violations of this section is a Class C crime. 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 5 years, although both prior convictions may have occurred on the same day. The date of a conviction is deemed to be the date that sentence is imposed, even though an appeal was taken. The date of a commission of an offense is presumed to be that stated in the complaint, information or indictment, notwithstanding the use of the words "on or about" or the equivalent.
Sec. 5. 17-A MRSA �1252, sub-�4-A is enacted 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 was committed, the defendant had been convicted of 2 or more crimes violating chapter 9, 11, 13 or 27 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. For purposes of this subsection, the dates 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 date. This subsection does not apply if the 2 prior offenses were committed within a 3-day period. The date of a conviction is deemed to be the date that sentence is imposed, even though an appeal was taken. The date an offense was committed is presumed to be the date stated in the complaint, information or indictment, notwithstanding the use of the words "on or about" or the equivalent.
Effective September 19, 1997, unless otherwise indicated.
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