CHAPTER 606, PART B
Sec. B-1. 17-A MRSA §1349, as amended by PL 2005, c. 265, §15, is further amended to read:
§1349. Eligibility for sentence alternative that includes period of administrative release
1. A person who has been convicted of a Class D or Class E crime or a Class C crime under Title 29-A, former section 2557, section 2557-A or section 2558 may be sentenced to a sentence alternative under section 1152 that includes a period of administrative release, unless:
A. The statute that the person is convicted of violating expressly provides that the fine and imprisonment penalties it authorizes may not be suspended, in which case the convicted person must be sentenced to the imprisonment and required to pay the fine authorized therein;
B. The court sentences the person to a sentencing alternative under section 1152 that includes a period of probation; or
C. The court finds that such a sentence would diminish the gravity of the crime for which that person was convicted.
Sec. B-2. 17-A MRSA §1349-B, sub-§1, as amended by PL 2005, c. 265, §17, is further amended to read:
1. The court may sentence a person to a term of imprisonment not to exceed the maximum term authorized for the Class D or Class E crime or the Class C crime under Title 29-A, former section 2557, section 2557-A or section 2558, suspend the term of imprisonment in whole or in part and accompany the suspension with a period of administrative release not to exceed the one year authorized under section 1349-A, subsection 1.
Sec. B-3. 29-A MRSA §1357, sub-§2, §A, as amended by PL 2005, c. 174, §1, is further amended to read:
A. A person may not provide advanced driver education unless licensed by the Secretary of State. An instructor license is valid for 3 years from the date of issuance. An applicant for an instructor license must meet the following requirements.
(1) The person is at least 21 years of age and has a high school diploma or its equivalent.
(2) The person has at least 4 years of driving experience as a licensed operator and possesses a valid driver's license.
(3) The person has not been convicted for a moving criminal traffic offense within the last 3 years, except for operating without a driver's license if the license was expired less than 5 years and operating with an expired registration.
(4) The person has not been designated as an accident-prone driver pursuant to section 1308 within the last year.
(5) The person has not had a driver's license suspended or revoked within the last 6 years pursuant to
sections section 2411, 2453, 2454, 2456, 2457, 2472, 2521, 2525, 2554 , or 2555 or, former section 2557 or section 2557-A or 2558.
(6) The person has not been convicted within the last 10 years for any crimes for which more than one year of incarceration may be ordered.
(7) The person must have at least one year of training, education or experience in driver education, driver evaluation, assessment or testing or teaching defensive driving.
Sec. B-4. 29-A MRSA §1404, sub-§2, as amended by PL 1997, c. 617, §1, is further amended to read:
2. Prior convictions. A person convicted of operating under the influence of intoxicating liquor or drugs or with an excessive blood-alcohol level, as defined in section 2453, subsection 2, within 10 years of the date the license is issued, reissued or returned after a period of suspension bears a coded notation of that fact.
The Secretary of State may, at the request of a licensee, remove the coded notation from the license of a person convicted for a first operating-under-the-influence offense as defined in section 2453, subsection 2 after 6 years from the date of the conviction if the person has not been convicted or adjudicated of the offense of speeding more than 15 miles per hour over the maximum speed limit or any offense described under section
2551 2551-A, subsection 1, paragraph A or had a license suspended or revoked within that 6-year period.
Sec. B-5. 29-A MRSA §2431, sub-§4, as amended by PL 1997, c. 776, §46, is further amended to read:
4. Statements by accused. A statement by a person as to name or date of birth, or the name or date of birth contained on a driver's license surrendered by that person, is admissible in a proceeding under this Title.
A statement of the person's name or date of birth constitutes sufficient proof by itself, without further proof of corpus delicti.
A statement by a defendant that the defendant was the operator of a motor vehicle is admissible in a proceeding under
sections section 2411, section 2412-A and, former section 2557, section 2557-A or section 2558, if it is made voluntarily and is otherwise admissible under the United States Constitution or the Constitution of Maine. The statement may constitute sufficient proof by itself, without further proof of corpus delicti, that the motor vehicle was operated by the defendant.
Sec. B-6. 29-A MRSA §2555, sub-§§1 and 2, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, are amended to read:
1. New convictions. Within a 5-year period of the restoration, the person commits a new offense under section
2551. 2551-A, subsection 1, paragraph A; or
2. Continued liability. The person commits a new offense under section
2551 2551-A, subsection 1, paragraph A and, within 5 years preceding the date of that new offense, the person's record shows accumulated convictions or adjudications, including the new offense, which results in that person person's being defined as an habitual offender under section 2551 2551-A, subsection 1, paragraph A.
Sec. B-7. 29-A MRSA §2556, sub-§5, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
5. Eligibility. If a conviction is based on former section 2551 or section 2551-A, subsection 1, paragraph B, the person must have completed the period of suspension required for the OUI conviction and the Secretary of State must have received written notice that the person has satisfactorily completed the alcohol and drug program.
Effective August 23, 2006.
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