An Act to Make Corrections to Laws in Conflict with MCJUSTIS Changes
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this Act makes corrections to statutory changes enacted by the 120th Legislature that are in conflict with changes recommended by the MCJUSTIS Policy Board and enacted in Public Law 2001, chapter 383; and
Whereas, these errors create uncertainties and confusion in interpreting legislative intent; and
Whereas, it is imperative that these uncertainties be resolved as quickly as possible to prevent any injustice or hardship to the citizens of Maine; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
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Sec. 1. 17-A MRSA §361, sub-§2, as amended by PL 2001, c. 426, §1, is repealed.
Sec. 2. 17-A MRSA §362, sub-§3, as repealed by PL 2001, c. 383, §52 and affected by §156 and amended by c. 389, §3, is repealed.
Sec. 3. 17-A MRSA §362, sub-§3-A, as amended by PL 2001, c. 426, §2, is repealed.
Sec. 4. 17-A MRSA §362, sub-§4, as repealed by PL 2001, c. 383, §52 and affected by §156 and amended by c. 389, §4, is repealed.
Sec. 5. 17-A MRSA §362, sub-§5, as repealed by PL 2001, c. 383, §52 and affected by §156 and amended by c. 389, §5, is repealed.
Sec. 6. 17-A MRSA §708, sub-§4, ¶¶B to D, as amended by PL 2001, c. 389, §7, are repealed.
Sec. 7. 17-A MRSA §1105-A, sub-§1, ¶¶I and J, as enacted by PL 2001, c. 667, Pt. D, §25 and affected by §36, are amended to read:
I. At the time of the offense, the person trafficks in 300 or more pills, capsules, tablets, vials, ampules, syringes or units containing any narcotic drug other than heroin, or any quantity of pills, capsules, tablets, units, compounds, mixtures or substances that, in the aggregate, contains 8,000 milligrams or more of oxycodone or 1,000 milligrams or more of hydromorphone. Violation of this paragraph is a Class A crime; or
J. At the time of the offense, the person trafficks in a quantity of 300 or more pills, capsules, tablets or units containing 3, 4-methylenedioxymethamphetamine, MDMA, or any other drug listed in section 1102, subsection 1, paragraph O. Violation of this paragraph is a Class A crime.
Sec. 8. 17-A MRSA §1105-C, sub-§1, ¶¶I and J, as enacted by PL 2001, c. 667, Pt. D, §32 and affected by §36, are amended to read:
I. At the time of the offense, the person furnishes 300 or more pills, capsules, tablets, vials, ampules, syringes or units containing any narcotic drug other than heroin, or any quantity of pills, capsules, tablets, units, compounds, mixtures or substances that, in the aggregate, contains 8,000 milligrams or more of oxycodone or 1,000 milligrams or more of hydromorphone. Violation of this paragraph is a Class B crime; or
J. At the time of the offense, the person furnishes a quantity of 300 or more pills, capsules, tablets or units containing 3, 4-methylenedioxymethamphetamine, MDMA, or any other drug listed in section 1102, subsection 1, paragraph O. Violation of this paragraph is a Class B crime.
Sec. 9. 17-A MRSA §1109, sub-§1, as repealed and replaced by PL 2001, c. 667, Pt. D, §33 and affected by §36, is amended to read:
1. A person is guilty of stealing drugs if the person violates chapter 15, sections section 353, 355 or 356 356-A knowing or believing that the subject of the theft is a scheduled drug, and it is in fact a scheduled drug, and the theft is from a person authorized to possess or traffick in that scheduled drug.
Sec. 10. 17-A MRSA §1252, sub-§4-A, as repealed and replaced by PL 2001, c. 667, Pt. A, §39 and affected by §40, 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 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. 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.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect January 31, 2003.
Effective January 31, 2003.
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