(3)__Has 2 previous OUI offenses within a 10-year period; or

(4)__Has 3 previous OUI offenses within a 10-year period; or

D.__Violates paragraph A, B or C and:

(1)__In fact causes serious bodily injury as defined in Title 17-A, section 2, subsection 23 to another person or in fact causes the death of another person; or

(2)__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 level of 0.08% or greater.

Sec. Q-79. 29-A MRSA §2411, sub-§2, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:

2. Pleading and proof. The alternatives outlined in subsection 1 1-A, paragraphs paragraph A and B may be pleaded in the alternative. The State is not required to elect between the alternatives prior to submission to the fact finder. In a prosecution under subsection 1-A, paragraph D, 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 Title 17-A, section 33 in assessing any causation under this section.

Sec. Q-80. 29-A MRSA §2411, sub-§5, as amended by PL 2001, c. 511, §3, is further amended by amending the first paragraph to read:

5. Penalties. Except as otherwise provided, violation of this section is a Class D crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. The following minimum penalties apply and may not be suspended:

Sec. Q-81. 29-A MRSA §2411, sub-§5, ¶D-1 is enacted to read:

D-1.__A violation of subsection 1-A, paragraph D is a Class C crime, which is a strict liability crime as defined in