| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 28-A MRSA §2051, sub-§2, as amended by PL 1997, c. 373, §146, | is further amended to read: |
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| | 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. |
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| 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. |
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| 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. |
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| 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. |
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| | Sec. 2. 28-A MRSA §2081, sub-§3, as amended by PL 1993, c. 266, §31, | is further amended to read: |
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| | 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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