Sec. 1. 29-A MRSA §2411, sub-§6, as amended by PL 2001, c. 332, §1, is further amended to read:

6. Aggravated punishment category. An operator commits a Class C offense if the State pleads and proves that the operator, while operating a motor vehicle in violation of this section:

A. In fact caused serious bodily injury as defined in Title 17-A, section 2, subsection 23 to another person or in fact caused the death of another person; or

B. Has either a prior conviction for a Class C crime under this section or a prior criminal homicide conviction involving or resulting from the operation of a motor vehicle while under the influence of intoxicating liquor or drugs or with a blood-alcohol content of 0.08% or greater.

In any prosecution under this subsection, the State need not prove that the defendant's condition of being under the influence of intoxicants or having a blood-alcohol level of 0.08% or more caused the serious bodily injury or death alleged. The State must prove only that the defendant's operation caused the serious bodily injury or death. The court shall apply the definition of causation in Title 17-A, section 33.

In using a sentencing alternative involving a term of imprisonment for a person convicted of violating this section when the person who suffered serious bodily injury or death was a passenger in the driver's motor vehicle, and the passenger was also under the influence of intoxicating liquor or drugs and knew or reasonably should have known that the driver was under the influence of intoxicating liquor or drugs, a court shall assign special weight to this fact in determining the basic term of imprisonment as the first step in the sentencing process.

The sentence must include a period of incarceration of not less than 6 months, a fine of not less than $2,000 and a court-ordered suspension of a driver's license for a period of 6 years. These penalties may not be suspended.

Sec. 2. 29-A MRSA §2411-A is enacted to read:

§2411-A.__Criminal liability of passenger in aggravated OUI case

1.__Violation; penalty.__A person commits a Class E crime if that person: