Sec. 1. 29-A MRSA §2411, sub-§6, ¶¶A and B, as enacted by PL 1999, c. 703, §1, are amended to read:

A. In fact caused serious bodily injury as defined in Title 17-A, section 2, subsection 23 to another person or in fact caused the death of another person; or

B. Has either a prior conviction for a Class C crime under this section 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 content of 0.08% or greater.

Sec. 2. 29-A MRSA §2411, sub-6-A is enacted to read:

6-A.__Criminal homicide.__An operator commits a Class B crime if the State pleads and proves that the operator, while operating a motor vehicle in violation of this section:

A.__In fact caused the death of another person; or

B.__Has either a prior conviction for a Class B crime under this section 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 content of 0.08% or greater.

The sentence must include a period of incarceration of not less than 12 months, a fine of not less than $4,000 and a court- ordered suspension of a driver's license for a period of 12 years.__These penalties may not be suspended.

SUMMARY

Current law provides a Class C crime, punishable by at least 6 months incarceration, for a person who, while intoxicated, seriously injures or causes the death of another person.

This bill creates a separate crime for a person who, while intoxicated, causes the death of another person and increases the offense to a Class B crime, punishable by at least one year in prison.