| | | 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; |
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| | | Sec. A-3. 29-A MRSA §2411, sub-§5, ¶D-2 is enacted to read: |
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| | | 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; |
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| | | 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: |
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| | | 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. |
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| | | Sec. A-5. 29-A MRSA §2464 is enacted to read: |
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| | | §2464.__Causing serious bodily injury or death while license is |
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| | | 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. |
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| | | 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. |
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| | | 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. |
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