S.P. 316 - L.D. 1084
An Act to Clarify the State's Burden of Proof in Cases of Criminal Homicide or Serious Bodily Injury Caused by a Person Operating a Motor Vehicle
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 29-A MRSA §2411, sub-§6, as repealed and replaced by PL 1999, c. 703, §1, is amended to read:
6. Aggravated punishment category. An operator commits a Class C offense if the State pleads and proves that the operator, while operating a motor vehicle in violation of this section:
A. In fact caused serious bodily injury as defined in Title 17-A, section 2, subsection 23 to another person or in fact caused the death of another person; or
B. Has either a prior conviction for a Class C crime under this section or a prior criminal homicide conviction involving or resulting from the operation of a motor vehicle while under the influence of intoxicating liquor or drugs or with a blood-alcohol content of 0.08% or greater.
In any prosecution under this subsection, the State need not prove that the defendant's condition of being under the influence of intoxicants or having a blood-alcohol level of 0.08% or more caused the serious bodily injury or death alleged. The State must prove only that the defendant's operation caused the serious bodily injury or death. The court shall apply the definition of causation in Title 17-A, section 33.
The sentence must include a period of incarceration of not less than 6 months, a fine of not less than $2,000 and a court-ordered suspension of a driver's license for a period of 6 years. These penalties may not be suspended.
Effective September 21, 2001, unless otherwise indicated.
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