LD 970
pg. 1
LD 970 Title Page An Act To Improve Sentencing for Serious Offenders Page 2 of 3
Download Bill Text
LR 1728
Item 1

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

 
Sec. 1. 17-A MRSA §1203, sub-§1-A, ¶D is enacted to read:

 
D.__If a person is sentenced to a term of imprisonment, none
of which is suspended, which is followed by one or more
consecutive terms of imprisonment that are suspended either
in whole or in part, the court may revoke probation in any
of the consecutive sentences for criminal conduct committed
during any period of imprisonment that precedes commencement
of the period of probation.

 
Sec. 2. 17-A MRSA §1252, sub-§4-A, as repealed and replaced by PL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. 3. 17-A MRSA §1256, sub-§1, as amended by PL 1999, c. 458, §1, is
further amended to read:

 
1. Other provisions of this section notwithstanding, when a
person subject to an undischarged term of imprisonment is
convicted of a violation of section 752-A, 755 or 757 or of any
other crime against the person of a member of the staff of the
institution in which the convicted person was imprisoned or of a
violation of section 806 involving government property in the
institution in which the convicted person was imprisoned or any
other crime against government property in the institution in
which the convicted person was imprisoned, any new crime or of an
attempt to commit any of the crimes mentioned in this subsection
new crime, the sentence is not concurrent with the undischarged
terms of imprisonment. The court may order that the undischarged
terms of imprisonment be tolled and service of the nonconcurrent


LD 970 Title Page Top of Page Page 2 of 3