| | | Be it enacted by the People of the State of Maine as follows: |
|
| | | Sec. 1. 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. 2. 29-A MRSA §2411, sub-§5, ¶D-2 is enacted to read: |
|
| | | D-2. A violation of subsection 1-A, paragraph D, | | subparagraph (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 5 years, 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. 3. 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 | | operating the motor vehicle at the time of the offense with | | a passenger under 21 years of age. |
|
| | | Sec. 4. 29-A MRSA §2412-A, sub-§3, ¶B, as amended by PL 2003, c. 673, | | Pt. TT, §5, is repealed and the following enacted in its place: |
|
| | | B. If the suspension was not for an OUI offense, and except | | as provided in paragraph C, the minimum fine for a first | | offense is $250, which may not be suspended by the court. | | The minimum fine for 2nd and subsequent offenses is $500, | | which may not be suspended by the court. |
|
| | | Sec. 5. 29-A MRSA §2412-A, sub-§3, ¶C is enacted to read: |
|
| | | C.__If the suspension for which a violator is being | | penalized pursuant to subsection 1-A was__imposed pursuant | | to section 2465, subsection 2, the person must be sentenced | | to a term of imprisonment, which may not be suspended, as | | follows: |
|
|
