LD 893
pg. 5
Page 4 of 5 An Act To Change Mandatory Minimum Sentences in Certain Cases LD 893 Title Page
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LR 1163
Item 1

 
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 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
changes the class of crime for 4 or more OUI convictions in a 10-
year period from a Class C crime to a Class B crime and allows
the court to permanently revoke the driver's license of a person
convicted of 4 or more OUI violations in a 10-year period.


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