SP0588, LD 1637, item 2, Document Text

Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:

‘Sec. 1. 15 MRSA §3314, sub-§3-A, as corrected by RR 2009, c. 2, §36, is amended to read:

3-A. Operator's license suspension for certain drug offenses. The court may suspend for a period of up to 6 months the license or permit to operate, right to operate a motor vehicle and right to apply for and obtain a license of any person who , in the absence of compelling circumstances warranting an exception, violates Title 17-A, chapter 45; Title 22, section 2383, unless the juvenile is authorized to possess marijuana for medical use pursuant to Title 22, chapter 558-C; Title 22, section 2389, subsection 2 ; or Title 28-A, section 2052 and is adjudicated pursuant to this chapter to have committed a juvenile crime.

The court shall give notice of suspension and take physical custody of an operator's license or permit as provided in Title 29-A, section 2434. The court shall immediately forward the operator's license and a certified abstract of suspension to the Secretary of State.

Sec. 2. 15 MRSA §3314, sub-§3-B, as enacted by PL 2005, c. 328, §13, is amended to read:

3-B. Operator's license suspension for drug trafficking. If a juvenile uses a motor vehicle to facilitate the trafficking of a scheduled drug, the court may shall, in the absence of compelling circumstances warranting an exception, in addition to other authorized penalties, suspend the juvenile's operator's license, permit, privilege to operate a motor vehicle or right to apply for or obtain a license for a period not less than 6 months and not to exceed more than one year. A suspension may not begin until after any period of incarceration is served. If the court suspends a juvenile's operator's license, permit, privilege to operate a motor vehicle or right to apply for or obtain a license, the court shall notify the Secretary of State of the suspension and the court shall take physical custody of the juvenile's operator's license. The Secretary of State may not reinstate the juvenile's operator's license, permit, privilege to operate a motor vehicle or right to apply for or obtain a license unless the juvenile demonstrates that after having been released and discharged from any period of incarceration that may have been ordered, the juvenile has served the period of suspension ordered by the court.

Sec. 3. 15 MRSA §3314, sub-§3-C is enacted to read:

3-C. Mandatory operator's license suspension for certain drug offenses. The court shall, in the absence of compelling circumstances warranting an exception, suspend for a period of 6 months the license or permit to operate, right to operate a motor vehicle and right to apply for and obtain a license of any person who violates Title 17-A, chapter 45 or Title 22, section 2383, unless the juvenile is authorized to possess marijuana for medical use pursuant to Title 22, chapter 558-C.

Sec. 4. 17-A MRSA §1125 is enacted to read:

§ 1125. Mandatory driver's license suspension; mandatory delay in license issuance or reinstatement

1. In the absence of compelling circumstances warranting an exception, the court shall suspend for 6 months the driver's license of a person convicted of a crime under this chapter, except for a conviction under section 1116.

2. In the absence of compelling circumstances warranting an exception, if a person convicted of violating a provision of this chapter, except for a conviction under section 1116, does not have a driver's license, or the person's driver's license is suspended at the time of conviction, the court shall order that the issuance or reinstatement of a driver's license to the person be delayed for 6 months after the person applies for issuance or reinstatement of a driver's license.

Sec. 5. 29-A MRSA §2411, sub-§5, ¶A, as amended by PL 2013, c. 389, §1 and affected by §7, is further amended to read:

A. For a person having no previous OUI offenses within a 10-year period:

(1) A fine of not less than $500, except that if the person failed to submit to a test, a fine of not less than $600;

(2) A court-ordered suspension of a driver's license for a period of 150 180 days . If the court finds compelling circumstances warranting an exception to the 180-day suspension period, the court shall order suspension of the person's driver's license for 150 days; and

(3) A period of incarceration as follows:

(a) Not less than 48 hours when the person:

(i) Was tested as having an alcohol level of 0.15 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath;

(ii) Was exceeding the speed limit by 30 miles per hour or more;

(iii) Eluded or attempted to elude an officer; or

(iv) Was operating with a passenger under 21 years of age; and

(b) Not less than 96 hours when the person failed to submit to a test at the request of a law enforcement officer;

Sec. 6. 29-A MRSA §2451, sub-§3, ¶A, as repealed and replaced by PL 2015, c. 329, Pt. A, §17, is amended to read:

A. One hundred fifty eighty days, if the person has one OUI conviction within a 10-year period . If the court finds compelling circumstances warranting an exception to the 180-day suspension period, the court shall order a suspension period of 150 days;

Sec. 7. 29-A MRSA §§2451-A and 2451-B are enacted to read:

§ 2451-A. Suspension for drug offense

1. Recording and notice by Secretary of State. On receipt of an attested copy of the court record of a suspension of the driver's license of a person convicted of violating the federal Controlled Substances Act of 1970, 21 United States Code, Section 801 et seq. or of any criminal offense specified in Title 17-A, chapter 45, except for a conviction under Title 17-A, section 1116, the Secretary of State shall immediately record the suspension and send written notice of the suspension to the person whose driver's license has been suspended.

2. Suspension, recording and notice by Secretary of State. Except as provided in subsection 1, on receipt of an attested copy of the court record of a conviction of a person of a violation of the federal Controlled Substances Act of 1970, 21 United States Code, Section 801 et seq. or of any criminal offense specified in Title 17-A, chapter 45, except for a conviction under Title 17-A, section 1116, the Secretary of State shall suspend the driver's license of the person, immediately record the suspension and send written notice of the suspension to the person whose driver's license has been suspended.

3. Suspension period. The period of the driver's license suspension recorded pursuant to subsection 1 is that ordered by the court under subsection 1 or the Secretary of State under subsection 2.

§ 2451-B. Delayed issuance or reinstatement of driver's license for drug offense

1. Court record of delay in issuance or reinstatement. On receipt of an attested copy of the court record of a delay in the issuance or reinstatement of a driver's license of a person convicted of violating the federal Controlled Substances Act of 1970, 21 United States Code, Section 801 et seq. or of any criminal offense specified in Title 17-A, chapter 45, except for a conviction under Title 17-A, section 1116, the Secretary of State shall immediately record the court-ordered delay and send written notice to the person whose driver's license is the subject of the court-ordered delay that the issuance or reinstatement of the person's driver's license will be delayed for the time ordered by the court after the person applies for the issuance or reinstatement of that person's driver's license.

2. Court record of conviction. On receipt of an attested copy of the court record of a conviction of a person of a violation of the federal Controlled Substances Act of 1970, 21 United States Code, Section 801 et seq. or of any criminal offense specified in Title 17-A, chapter 45, except for a conviction under Title 17-A, section 1116, the Secretary of State shall immediately order a delay in the issuance or reinstatement of a driver's license, record the delay and send written notice to the person whose driver's license is the subject of the delay that the issuance or reinstatement of the person's driver's license will be delayed for the time ordered by the Secretary of State after the person applies for the issuance or reinstatement of that person's driver's license.

Sec. 8. 29-A MRSA §2508, sub-§1, ¶A-1, as enacted by PL 2013, c. 389, §3 and affected by §7, is amended to read:

A-1. The license of a person with one OUI offense may be reinstated after 30 days of the suspension period has run if the person has installed for a period of 150 180 days or the length of time remaining for a suspension imposed pursuant to section 2411, subsection 5, paragraph A, subparagraph (2), whichever is shorter, an ignition interlock device approved by the Secretary of State in the motor vehicle the person operates. If the 180-day period applies to the person and the court finds compelling circumstances warranting an exception to the 180-day period, the court shall order a period of 150 days.

Sec. 9. Appropriations and allocations. The following appropriations and allocations are made.

SECRETARY OF STATE, DEPARTMENT OF

Administration - Motor Vehicles 0077

Initiative: Provides a one-time allocation for computer updates.

HIGHWAY FUND 2017-18 2018-19

All Other
$5,597 $0

inline graphic sline.gif

HIGHWAY FUND TOTAL $5,597 $0

’

summary

This amendment is the minority report of the committee and replaces the bill. The amendment brings Maine's driver's license suspension provisions into compliance with the federal Controlled Substances Act of 1970. The amendment provides a mandatory 6-month driver's license suspension or delay in issuance or reinstatement for certain drug convictions and operating under the influence convictions, providing an exception for compelling circumstances. The amendment enacts similar penalties and exceptions for certain juvenile drug crime convictions and adjudications. The amendment provides for notice to the Secretary of State when a court suspends or delays a driver's license under the law, recording of the suspension and a procedure for notice to the driver. The amendment provides for notice to and suspension by the Secretary of State when a court enters a judgment of conviction under the law.

The amendment also adds an appropriations and allocations section.

FISCAL NOTE REQUIRED

(See attached)

SP0588 LD 1637	Session - 128th Maine Legislature C "A", Filing Number S-310, Sponsored by		LR 2381 Item 2
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HIGHWAY FUND	2017-18	2018-19
All Other	$5,597	$0

HIGHWAY FUND TOTAL	$5,597	$0