This bill clarifies that when 2 or more provisions in Title 17-A, section 1252 are pled and proved by the State to enhance the class of the crime these provisions may be applied successively as long as those to be made successive contain different class enhancement factors. For example, if the State pled and proved that the Class D crime of reckless conduct was committed with the use of a dangerous weapon and, at the time of its commission, the defendant had been convicted of 2 or more qualifying crimes, the class of the reckless conduct would be elevated successively from Class D to Class C and from Class C to Class B because subsections 4 and 4-A constitute enhancement factors reflecting different public policy concerns.

This bill removes the current exception for eligibility for deferred disposition, which is that the crime expressly provides that one or more punishment alternatives it authorizes may not be suspended. It also is important to remove this exception in order to allow the flexibility in sentencing options now available under Title 17-A, section 1348-B, subsection 1 and to recognize the fact that the Legislature also recently added a mandatory minimum fine to the Maine Criminal Code crime for assault and all drug crimes in Title 17-A, chapter 45.

The bill removes that portion of the paragraph authorizing judicial fact-finding at the sentencing hearing and requires instead that "accompanied by sexual assault" be pleaded and proved beyond a reasonable doubt to the fact-finder at the trial. The change is required under both the United States Constitution and the Constitution of Maine because "accompanied by sexual assault" is a fact incident to attempted murder or murder that makes the person a "repeat sexual assault offender" who consequently is subject to a term of imprisonment for any term of years rather than a lesser definite term as specified under Title 17-A, section 1252, subsection 2. See Blakely v. Washington, 542 U.S. 296 (2004); State v. Schofield, 2005 ME 82, 876 A.2d 43.