12.__Medical Care for Drunk Driving Victims Fund.__There is established the Medical Care for Drunk Driving Victims Fund, a nonlapsing, interest-bearing account referred to in this section as "the__fund," administered by the Commissioner of Public Safety. The fund receives money deposited by the Treasurer of State pursuant to subsection 11. All money deposited in the fund and the earnings on that money remain in the fund and may be used to provide emergency services for medical care for victims of drunk driving and for the necessary administrative and personnel costs associated with the management of the fund.

Sec. 6. 29-A MRSA §2421, sub-§1, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:

1. Forfeiture. After notice and hearing, a motor vehicle must be forfeited to the State when a defendant is the sole owner- operator of that vehicle and:

A. The sole owner-operator of that vehicle; and

B. Convicted of:

(1) OUI; and

(2) A simultaneous offense of operating after suspension when the underlying suspension was imposed for a prior OUI conviction.; or

C.__Convicted of 3 or more OUI offenses within a 10-year period.

The court shall order the forfeiture unless another person satisfies the court prior to the judgment and by a preponderance of the evidence that the other person had a right to possess that motor vehicle, to the exclusion of the defendant, at the time of the offense.

SUMMARY

This bill amends the OUI laws in several ways, including:

1. Establishing a mandatory sentence of 20 days in jail for 2 OUI offenses committed within a 5-year period;