Sec. A-1. 29-A MRSA §2411, sub-§1-A, ¶D, as amended by PL 2003, c. 633, §8, is further amended to read:
D. Violates paragraph A, B or C and:
(1) In fact causes serious bodily injury as defined in Title 17-A, section 2, subsection 23 to another person or in fact causes the death of another person; or
(1-A) In fact causes the death of another person; or
(2) Has either a prior conviction for a Class C crime under this section or former Title 29, section 1312-B 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 level of 0.08% or greater.
Sec. A-2. 29-A MRSA §2411, sub-§5, ¶D-1, as amended by PL 2003, c. 673, Pt. TT, §4, is further amended to read:
D-1. A violation of subsection 1-A, paragraph D, subparagraph (1) is a Class C crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. The sentence must include a period of incarceration of not less than 6 months, a fine of not less than $2,100 and a court-ordered suspension of a driver's license for a period of 6 years. These penalties may not be suspended;
Sec. A-3. 29-A MRSA §2411, sub-§5, ¶D-2 is enacted to read:
D-2. A violation of subsection 1-A, paragraph D, subparagraph (1-A) or (2) is a Class B crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. The sentence must include a period of incarceration of not less than 6 months, a fine of not less than $2,100 and a court-ordered suspension of a driver's license for a period of 10 years. These penalties may not be suspended;
Sec. A-4. 29-A MRSA §2411, sub-§5, ¶G, as amended by PL 2003, c. 452, Pt. Q, §82 and affected by Pt. X, §2, is further amended to read:
G. The court shall order an additional period of license suspension of 275 days for a person sentenced under paragraph A, B, C, D or, D-1 or D-2 if the person was operating the motor vehicle at the time of the offense with a passenger under 21 years of age.
Sec. A-5. 29-A MRSA §2464 is enacted to read:
§2464. Causing serious bodily injury or death while license is suspended or revoked
1. Accident involving injury; penalty. A person who, while knowingly operating with a suspended or revoked license, in fact causes serious bodily injury as defined in Title 17-A, section 2, subsection 23 to another person commits a Class C crime.
2. Accident involving death; penalty. A person who, while knowingly operating with a suspended or revoked license, in fact causes the death of another person commits a Class B crime.
3. Pleading and proof. The State must prove that the defendant's operation of the motor vehicle caused the serious bodily injury under subsection 1 or death under subsection 2. The court shall apply Title 17-A, section 33 in assessing any causation under this section.
4. License suspension. Upon receipt of notice of conviction, the Secretary of State shall immediately suspend the license of a person who violates subsection 1 or 2. Notwithstanding any provision of law that imposes a period of license suspension shorter than that specified in this subsection, a person who violates this section is subject to the following period of license suspension:
A. For a violation of subsection 1, 5 years; and
B. For a violation of subsection 2, 10 years.
The period of suspension imposed pursuant to this subsection is consecutive to any suspension previously imposed by the Secretary of State or the court pursuant to this chapter.
Sec. A-6. 29-A MRSA §2551, as amended by PL 2001, c. 514, §1, is repealed.
Sec. A-7. 29-A MRSA §2551-A is enacted to read:
1. Habitual offender defined. An habitual offender is a person whose record, as maintained by the Secretary of State, shows that:
A. The person has accumulated 3 or more convictions or adjudications for distinct offenses described below arising out of separate acts committed within a 5-year period:
(1) Homicide resulting from the operation of a motor vehicle;
(2) OUI conviction;
(3) Driving to endanger, in violation of section 2413;
(4) Operating after suspension or revocation, in violation of section 2412-A;
(5) Operating without a license;
(6) Operating after revocation, in violation of former section 2557, section 2557-A or section 2558;
(7) Knowingly making a false affidavit or swearing or affirming falsely in a statement required by this Title or as to information required in the administration of this Title;
(8) A Class A, B, C or D offense in which a motor vehicle is used;
(9) Failure to report an accident involving injury or death, in violation of section 2252;
(10) Failure to report an accident involving property damage, in violation of section 2253, 2254 or 2255;
(11) Eluding an officer, in violation of section 2414;
(12) Passing a roadblock, in violation of section 2414, subsection 4; and
(13) Operating a motor vehicle at a speed that exceeds the maximum speed limit by 30 miles per hour or more; or
B. The person has accumulated 10 or more convictions or adjudications for moving violations arising out of separate acts committed within a 5-year period.
2. Inclusions. The offenses included in subsection 1 include offenses under former Title 29, a federal law, a law of another state and a municipal ordinance substantially conforming to the statutory violations.
3. Offenses not included. The following convictions are not included under subsection 1, paragraph A:
A. A conviction of operating a motor vehicle without a license if the license had expired and was not suspended or revoked; and
B. A conviction of operating after suspension when the suspension is based upon a failure to pay child support.
4. Multiple offenses or violations. For the purposes of this section, when more than one offense or violation described in this section arises from the same incident, the offenses or violations are treated as one offense or violation.
Sec. A-8. 29-A MRSA §2554, sub-§3, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
3. Operating after habitual offender revocation. The Secretary of State may not restore a license if a charge under former section 2557, section 2557-A or section 2558 is pending. If the Secretary of State subsequently determines that a license has been restored when a charge under former section 2557, section 2557-A or section 2558 was pending, the Secretary of State shall, without hearing, immediately reinstate the revocation and provide notice of the reinstatement. A license may not be issued to a person who has been convicted of a violation of former section 2557, section 2557-A or section 2558 for a period of at least one year following the conviction or longer as provided under former section 2557, section 2557-A or section 2558.
Sec. A-9. 29-A MRSA §2556, sub-§4, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
4. Ineligibility. A person is not eligible for a work-restricted license if habitual offender status is based on a conviction or adjudication under former section 2551, section 2551-A, subsection 1, paragraph A, subparagraph (1) or, former section 2557, section 2557-A or section 2558 or the revocation is issued pursuant to section 2555.
Sec. A-10. 29-A MRSA §2557, as amended by PL 2003, c. 673, Pt. TT, §§6 and 7, is repealed.
Sec. A-11. 29-A MRSA §2557-A is enacted to read:
§2557-A. Operating after habitual offender revocation
1. Operating after habitual offender revocation. A person commits operating after habitual offender revocation if that person:
A. Operates a motor vehicle on a public way, as defined in Title 17-A, section 505, subsection 2, when that person's license to operate a motor vehicle has been revoked under this subchapter or former Title 29, chapter 18-A and that person:
(1) Has received written notice of the revocation from the Secretary of State;
(2) Has been orally informed of the revocation by a law enforcement officer;
(3) Has actual knowledge of the revocation; or
(4) Is a person to whom written notice was sent in accordance with section 2482 or former Title 29, section 2241, subsection 4; or
B. After having one or more prior convictions for violating former section 2557, this section or section 2558, violates section 2412-A.
2. Penalties. The following penalties apply.
A. A person is guilty of a Class D crime if the person violates subsection 1 and:
(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 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.
B. A person is guilty of a Class C crime if the person violates subsection 1 and:
(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 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.
C. A person is guilty of a Class C crime if the person violates subsection 1 and:
(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 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.
D. A person is guilty of a Class C crime if the person violates subsection 1 and:
(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 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.
3. Strict liability. Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
4. Relief from habitual offender status. The Secretary of State may not grant relief from habitual offender status under section 2554 until at least 3 years have passed after the original date scheduled for eligibility to apply for relief of that status.
5. Presumption of identity. If the name and date of birth of a person being prosecuted are the same as those of the habitual offender whose privilege to operate has been suspended, it is prima facie evidence that it is the same person.
6. Notice to Secretary of State. A law enforcement officer who has arrested a person for or charged a person with violating this section shall notify the Secretary of State of that action.
Sec. A-12. 29-A MRSA §2558 is enacted to read:
§2558. Aggravated operating after habitual offender revocation
1. Crime. A person is guilty of aggravated operating after habitual offender revocation if that person violates section 2557-A and at the time of the violation the person commits one or more of the following:
A. OUI in violation of section 2411;
B. Driving to endanger in violation of section 2413;
C. Eluding an officer in violation of section 2414;
D. Passing a roadblock in violation of section 2414, subsection 4; and
E. Operating a motor vehicle at a speed that exceeds the maximum speed limit by 30 miles per hour or more.
2. Penalties. The following penalties apply.
A. A person who violates subsection 1 commits a Class D crime for which a minimum fine of $500 and a minimum term of imprisonment of 6 months must be imposed, neither of which may be suspended by the court.
B. A person who violates subsection 1 and at the time has one conviction for violating this section, section 2411, former section 2557 or section 2557-A within the previous 10 years commits a Class C crime for which a minimum fine of $1,000 and a minimum term of imprisonment of one year must be imposed, neither of which may be suspended by the court.
C. A person who violates subsection 1 and at the time has 2 convictions for violating this section, former section 2557 or section 2557-A within the previous 10 years commits a Class C crime for which a minimum fine of $2,000 and a minimum term of imprisonment of 2 years must be imposed, neither of which may be suspended by the court.
D. A person who violates subsection 1 and at the time has 3 or more convictions for violating this section, former section 2557 or section 2557-A within the previous 10 years commits a Class C crime for which a minimum fine of $3,000 and a term of imprisonment of 5 years must be imposed, neither of which may be suspended by the court.
3. Strict liability. Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
4. Relief from habitual offender status. The Secretary of State may not grant relief from habitual offender status under section 2554 until at least 3 years have passed after the original date scheduled for eligibility to apply for relief of that status.
5. Presumption of identity. If the name and date of birth of a person being prosecuted are the same as those of the habitual offender whose privilege to operate has been suspended, it is prima facie evidence that it is the same person.
6. Notice to Secretary of State. A law enforcement officer who has arrested a person for or charged a person with violating this section shall notify the Secretary of State of that action.
Sec. A-13. 29-A MRSA §2606, sub-§3 is enacted to read:
3. Confiscation of suspended licenses. The Secretary of State shall take reasonable actions to confiscate suspended licenses.
Sec. A-14. Report regarding impact on county jails. The joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters shall request the Maine Sheriff's Association to report by January 30, 2007 to the committee regarding the impact of the increased motor vehicle penalties pursuant to this Act on the county jail population and to provide suggestions for changes, if necessary. The committee may report out a bill regarding these suggested changes to the First Regular Session of the 123rd Legislature.
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