Sec. 1. 17-A MRSA §1252, sub-§5-B, as enacted by PL 1999, c. 536, §2, is amended to read:

5-B. In using a sentencing alternative involving a term of imprisonment for a person convicted of the attempted murder, manslaughter, elevated aggravated assault or aggravated assault of a child who had not in fact attained the age of 6 years or of a person who had attained 65 years of age at the time the crime was committed, a court shall assign special weight to this objective fact in determining the basic term of imprisonment as the first step in the sentencing process. The court shall assign special weight to any subjective victim impact in determining the maximum period of incarceration in the 2nd step in the sentencing process. The court may not suspend that portion of the maximum term of imprisonment based on objective or subjective victim impact in arriving at the final sentence as the 3rd step in the sentencing process. Nothing in this subsection may be construed to restrict a court in setting a sentence from considering the age of the victim in other circumstances when relevant.

SUMMARY

This bill requires a court, when imposing a sentence of imprisonment, to consider the age of the victim of a crime of attempted murder, manslaughter, elevated aggravated assault or assault if the victim was at least 65 years of age at the time of the crime. The current law already requires that the age of the victim be considered if the victim was less than 6 years of age at the time of the crime.