LD 985
pg. 1
LD 985 Title Page An Act to Increase the Penalties for Providing Alcohol to a Minor, Possession o... Page 2 of 2
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LR 583
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 28-A MRSA §2051, sub-§2, as amended by PL 1997, c. 373, §146,
is further amended to read:

 
2. Violation. Any minor who violates this section commits a
civil violation for which a forfeiture shall must be adjudged of
not less than $100 nor more than $300 for the first offense; not
less than $200 nor more than $500 for the 2nd offense, none of
which may be suspended, except as provided in paragraph B; and
$500 for the 3rd and subsequent offenses, none of which may be
suspended, except as provided in paragraph B.

 
A. When a person is adjudged to have committed a first
offense under this section, the judge shall inform that
person that the forfeitures for the 2nd and subsequent
offenses are mandatory and cannot be suspended, except as
provided in paragraph B. Failure to inform the first
offender that subsequent forfeitures are mandatory is not a
ground for suspension of any subsequent forfeiture.

 
B. The judge, as an alternative to or in addition to the
civil forfeitures required by this subsection, may shall
assign the minor to perform at least 10 hours of specified
work for the benefit of the State, the municipality or other
public entity or charitable institution.

 
C.__A minor who violates this section shall attend at least
2 hours of alcohol counseling administered by the Office of
Substance Abuse, as established in Title 5, chapter 521.

 
Sec. 2. 28-A MRSA §2081, sub-§3, as amended by PL 1993, c. 266, §31,
is further amended to read:

 
3. Penalties. Any person who violates subsection 1,
paragraph A or B commits a Class D crime. In the case of a
person who has no previous conviction under subsection 1,
paragraph A or B within a 6-year period, the fine may not be less
than $1,000, which may not be suspended if that person is
convicted of a violation under subsection 1, paragraph A or B
involving a minor less than 14 years of age. Any person who
violates subsection 1, paragraph C or D commits a Class E crime,
for which a forfeiture of not more than $500 may be adjudged. In
the case of a person who has one previous conviction of a
violation of subsection 1, paragraph A or B within a 6-year
period, the fine may not be less than $500 $2,000, which penalty
may not be suspended. In the case of a person who has 2 or more
previous convictions of a violation of subsection 1, paragraph A
or B within a 6-year period, the fine may not be less than $1,000
$3,000 and may not be suspended. In the case of a person who has
no previous conviction of subsection 1, paragraph A or B within a


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