LD 2012
pg. 2
Page 1 of 4 An Act to More Accurately Describe the Criminal Conduct Committed When a Person... Page 3 of 4
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LR 2752
Item 1

 
of the United States, of another state or of a foreign country
relating to scheduled drugs, as defined in this chapter, and
punishable by a term of imprisonment of more than one year.
For purposes of this paragraph, a person has been convicted of
an offense on the date the judgment of conviction was entered
by the court;

 
C. A person violates section 1103, 1104 or, 1106 or 1117,
and, at the time of the offense, the person uses, carries,
possesses or is armed with a firearm;

 
D. A person violates section 1103 or 1106, and, at the time
of the offense, the person trafficks in or furnishes cocaine
in a quantity of 112 grams or more or cocaine in the form of
cocaine base in a quantity of 32 grams or more;

 
E. A person violates section 1103, and, at the time of the
offense, the person is on a school bus or on or within 1,000
feet of the real property comprising a private or public
elementary or secondary school. For purposes of this
paragraph, "school bus" has the same meaning as set forth in
Title 29-A, section 2301, subsection 5; or

 
F. A person violates section 1103 or 1117, and, at the time
of the offense, the person enlists or solicits the aid of or
conspires with a child who is, in fact, under 18 years of
age, to traffick in or, furnish or cultivate any scheduled
drug.; or

 
G.__A person violates section 1117 and, at the time of the
offense, the person is within 1,000 feet of the real
property comprising a private or public elementary or
secondary school.

 
2. Aggravated trafficking or, furnishing or cultivation of
scheduled drugs is a crime one class more serious than such
trafficking or, furnishing or cultivation would otherwise be.

 
3. If a person uses a motor vehicle to facilitate the
aggravated trafficking or, furnishing or cultivation of a
scheduled drug, the court may, in addition to other authorized
penalties, suspend the person's driver's license, permit,
privilege to operate a motor vehicle or right to apply for or
obtain a license for a period not to exceed 5 years. A
suspension may not begin until after any period of incarceration
is served. If the court suspends a person's driver's license,
permit, privilege to operate a motor vehicle or right to apply
for or obtain a license, the court shall notify the Secretary of
State of the suspension and the court shall take physical custody
of the person's license. The Secretary of State may not


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