LD 1906
pg. 2
Page 1 of 12 PUBLIC Law Chapter 606 Page 3 of 12
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LR 2488
Item 1

 
D-1. A violation of subsection 1-A, paragraph D,
subparagraph (1) is a Class C crime, which is a strict
liability crime as defined in Title 17-A, section 34,
subsection 4-A. The sentence must include a period of
incarceration of not less than 6 months, a fine of not less
than $2,100 and a court-ordered suspension of a driver's
license for a period of 6 years. These penalties may not be
suspended;

 
Sec. A-3. 29-A MRSA §2411, sub-§5, ¶D-2 is enacted to read:

 
D-2. A violation of subsection 1-A, paragraph D,
subparagraph (1-A) or (2) is a Class B crime, which is a
strict liability crime as defined in Title 17-A, section 34,
subsection 4-A. The sentence must include a period of
incarceration of not less than 6 months, a fine of not less
than $2,100 and a court-ordered suspension of a driver's
license for a period of 10 years. These penalties may not be
suspended;

 
Sec. A-4. 29-A MRSA §2411, sub-§5, ¶G, as amended by PL 2003, c. 452,
Pt. Q, §82 and affected by Pt. X, §2, is further amended to read:

 
G. The court shall order an additional period of license
suspension of 275 days for a person sentenced under
paragraph A, B, C, D or, D-1 or D-2 if the person was
operating the motor vehicle at the time of the offense with
a passenger under 21 years of age.

 
Sec. A-5. 29-A MRSA §2464 is enacted to read:

 
§2464.__Causing serious bodily injury or death while license is

 
suspended or revoked

 
1.__Accident involving injury; penalty.__A person who, while
knowingly operating with a suspended or revoked license, in fact
causes serious bodily injury as defined in Title 17-A, section 2,
subsection 23 to another person commits a Class C crime.

 
2.__Accident involving death; penalty.__A person who, while
knowingly operating with a suspended or revoked license, in fact
causes the death of another person commits a Class B crime.

 
3.__Pleading and proof.__The State must prove that the
defendant's operation of the motor vehicle caused the serious
bodily injury under subsection 1 or death under subsection 2.__
The court shall apply Title 17-A, section 33 in assessing any
causation under this section.


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