(b)__ A 3-month to 6-month suspension of a license or permit to operate a motor vehicle, the right to operate a motor vehicle or the right to apply for and obtain an operator's license.__The court shall issue an order to prevent the issuance or renewal of licenses under this division.__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; and

(c)__Specified work for the benefit of the State, the municipality or other public entity or a charitable institution.__This penalty may be applied as an alternative to or in addition to the forfeiture and license suspension permitted by divisions (a) and (b); or

(3)__For all subsequent offenses:

(a)__A forfeiture of $500 that may not be suspended, except as provided in division (c);

(b)__A one-year suspension of a license or permit to operate a motor vehicle, the right to operate a motor vehicle or the right to apply for and obtain an operator's license.__The court shall issue an order to prevent the issuance or renewal of licenses under this division.__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; and

(c)__Specified work for the benefit of the State, the municipality or other public entity or a charitable institution.__This penalty may be applied as an alternative to or in addition to the forfeiture and license suspension permitted by divisions (a) and (b).

C.__A person who violates subsection 6 commits a civil violation for which a forfeiture of not less than $50 nor more than $200 may be adjudged for any one offense.

Sec. 2. 28-A MRSA §2051, sub-§2, as amended by PL 1997, c. 373, §146, is repealed and the following enacted in its place:

2.__Violation.__A minor who violates this section commits a civil violation for which the following penalties may be adjudged:

A.__For a violation of subsection 1, paragraph A, B, C, D-2, E or F:

(1)__For a first offense:

(a)__A forfeiture of not less than $100 nor more than $300; and

(b)__Specified work for the benefit of the State, the municipality or other public entity or a charitable institution.__This penalty may be applied as an alternative to or in addition to the forfeiture permitted by division (a);

(2)__For a 2nd offense:

(a)__A forfeiture of not less than $200 nor more than $500 that may not be suspended, except as provided in division (b); and

(b)__Specified work for the benefit of the State, the municipality or other public entity or a charitable institution.__This penalty may be applied as an alternative to or in addition to the forfeiture permitted by division (a); or

(3)__For all subsequent offenses:

(a)__A forfeiture of $500 that may not be suspended, except as provided in division (b); and

(b)__Specified work for the benefit of the State, the municipality or other public entity or a charitable institution.__This penalty may be applied as an alternative to or in addition to the forfeiture permitted by division (a); and

B.__For a violation of subsection 1, paragraph D or D-1:

(1)__For a first offense:

(a)__A forfeiture of not less than $100 nor more than $300;

(b)__A one-month to 3-month suspension of a license or permit to operate a motor vehicle, the right to operate a motor vehicle or the right to apply for and obtain an operator's license.__The court shall issue an order to prevent the issuance or renewal of licenses under this division.__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; and

(c)__Specified work for the benefit of the State, the municipality or other public entity or a charitable institution.__This penalty may be applied as an alternative to or in addition to the forfeiture and license suspension permitted by divisions (a) and (b);

(2)__For a 2nd offense:

(a)__A forfeiture of not less than $200 nor more than $500 that may not be suspended, except as provided in division (c);

(b)__A 3-month to 6-month suspension of a license or permit to operate a motor vehicle, the right to operate a motor vehicle or the right to apply for and obtain an operator's license.__The court shall issue an order to prevent the issuance or renewal of licenses under this division.__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; and

(c)__Specified work for the benefit of the State, the municipality or other public entity or a charitable institution.__This penalty may be applied as an alternative to or in addition to the forfeiture and license suspension permitted by divisions (a) and (b); and

(3)__For all subsequent offenses:

(a)__A forfeiture of $500 that may not be suspended, except as provided in division (c);

(b)__A one-year suspension of a license or permit to operate a motor vehicle, the right to operate a motor vehicle or the right to apply for and obtain an operator's license.__The court shall issue an order to prevent the issuance or renewal of licenses under this division.__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; and

(c)__Specified work for the benefit of the State, the municipality or other public entity or a charitable institution.__This penalty may be applied as an alternative to or in addition to the forfeiture and license suspension permitted by divisions (a) and (b).

When a person is adjudged to have committed a first offense under this section, the judge shall inform that person that the forfeitures for the 2nd and subsequent offenses are mandatory and can not be suspended, except as otherwise provided.__Failure to inform the first offender that subsequent forfeitures are mandatory is not a ground for suspension of any subsequent forfeiture.

SUMMARY

The bill adds motor vehicle license suspension as a penalty option for minors who use false identification to obtain tobacco or alcohol. A court may impose a one-month to 3-month suspension for a first offense, a 3-month to 6-month suspension for a 2nd offense and a one-year suspension for any subsequent offense.