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.

The sentence must include a period of incarceration of not less than 6 months, a fine of not less than $2,000 up to the maximum allowed under Title 17-A, section 1301, subsection 1- A, paragraph C and a court-ordered suspension of a driver's license for a period of 6 years. These penalties may not Neither the period of incarceration nor the court-ordered license suspension may be suspended.

SUMMARY

This bill affects sentences in criminal cases in the following ways.

1. It decreases the minimum sentence of imprisonment for murder to 20 years.

2. It grants the sentencing court the authority to deviate from a mandatory minimum sentence and mandatory minimum fine in those circumstances when the court determines that the mandatory fine or sentence would create a substantial injustice and the deviation would not diminish the gravity of the offense or adversely affect the public safety. Specific factors must be considered by the court before deviating from the mandatory minimum.

3. It removes the cap on fines for operating under the influence and instead allows the court to impose the maximum fine allowed for that specific class of crime. Currently, the maximum penalty that may be imposed for a Class D crime is $2,000; for a Class C crime, the maximum is $5,000; and for a Class B crime, the maximum is $20,000.

4. It changes the class of crime for a 3rd OUI conviction in less than 10 years from a Class D to a Class C crime. It also