This bill repeals the current special sentencing scheme for the Class A crime of attempted murder and creates a new Class A crime of aggravated attempted murder, the authorized punishment for which is imprisonment for life or for any term of years. Imposition of a life sentence for aggravated attempted murder is governed by the law applicable to the imposition of a life sentence for murder under the Maine Revised Statutes, Title 17-A, section 1251. The existence of an aggravating circumstance allows the court to consider whether to impose a life sentence. Unlike the punishment authorized for murder, there is no mandatory minimum term of imprisonment if the court chooses to impose a definite period of years. Further, unlike murder under Title 17-A, section 1201, the person guilty of aggravated attempted murder is eligible for a sentence alternative that includes a period of probation.

The purpose of this bill is to return sentencing for the crime of attempted murder to that authorized for Class A crimes generally and to respond to the fact that the current special penalty provision for attempted murder allowing for the imposition of a life sentence "with proper findings" appears to be unconstitutional in light of Apprendi v. New Jersey, 120 S. Ct. 2348 (2000)(the aggravating circumstances not being alleged, submitted to a jury or proved beyond a reasonable doubt) by creating the new crime of aggravated attempted murder.