An Act To Make Technical Corrections to the Operating Under the Influence Laws
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, it is in the best interest of the public safety and drivers to make motor vehicle license suspension provisions in the ignition interlock laws consistent with all other administrative suspensions by the Secretary of State; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Sec. 1. 29-A MRSA §2451, sub-§3, ¶B, as enacted by PL 1995, c. 368, Pt. AAA, §17, is amended to read:
Sec. 2. 29-A MRSA §2451, sub-§3, ¶C, as enacted by PL 1995, c. 368, Pt. AAA, §17, is amended to read:
Sec. 3. 29-A MRSA §2451, sub-§3, ¶D, as enacted by PL 1995, c. 368, Pt. AAA, §17, is repealed.
Sec. 4. 29-A MRSA §2508, sub-§1, as enacted by PL 2007, c. 531, §6 and affected by §10, is amended to read:
Sec. 5. 29-A MRSA §2557-A, sub-§2, as enacted by PL 2005, c. 606, Pt. A, §11, is amended to read:
(1) The person has not been convicted for operating after revocation under this section or under former Title 29, section 2298 within the previous 10 years; and
(2) The person has not been convicted for violating section 2411 or former Title 29, section 1312-B received an OUI conviction within the previous 10 years.
The minimum fine for a Class D crime under this paragraph is $500 and the minimum term of imprisonment is 30 days, neither of which may be suspended by the court.
(1) The person has one conviction for operating after revocation under this section or under former Title 29, section 2298 within the previous 10 years; or
(2) The person has one OUI conviction for violating section 2411 or former Title 29, section 1312-B within the previous 10 years.
The minimum fine for a Class C crime under this paragraph is $1,000 and the minimum term of imprisonment is 6 months, neither of which may be suspended by the court.
(1) The person has 2 convictions for operating after revocation under this section or under former Title 29, section 2298 within the previous 10 years; or
(2) The person has 2 OUI convictions for violating section 2411 or former Title 29, section 1312-B within the previous 10 years.
The minimum fine for a Class C crime under this paragraph is $1,000 and the minimum term of imprisonment is 9 months plus a day, neither of which may be suspended by the court.
(1) The person has 3 or more convictions for operating after revocation under this section or under former Title 29, section 2298 within the previous 10 years; or
(2) The person has 3 or more OUI convictions for violating section 2411 or former Title 29, section 1312-B within the previous 10 years.
The minimum fine for a Class C crime under this paragraph is $1,000 and the minimum term of imprisonment is 2 years, neither of which may be suspended by the court.
Sec. 6. 29-A MRSA §2558, sub-§2, ¶B, as enacted by PL 2005, c. 606, Pt. A, §12, is amended to read:
Sec. 7. Retroactivity. This Act applies retroactively to September 1, 2008.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.