| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 29-A MRSA §2411, sub-§6, as amended by PL 2001, c. 332, §1, | | is further amended to read: |
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| | | 6. Aggravated punishment category. An operator commits a | | Class C offense if the State pleads and proves that the | | operator, while operating a motor vehicle in violation of this | | section: |
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| | | 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 |
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| | | 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. |
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| | | In any prosecution under this subsection, the State need not | | prove that the defendant's condition of being under the | | influence of intoxicants or having a blood-alcohol level of | | 0.08% or more caused the serious bodily injury or death | | alleged. The State must prove only that the defendant's | | operation caused the serious bodily injury or death. The | | court shall apply the definition of causation in Title 17-A, | | section 33. |
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| | | In using a sentencing alternative involving a term of | | imprisonment for a person convicted of violating this section | | when the person who suffered serious bodily injury or death | | was a passenger in the driver's motor vehicle, and the | | passenger was also under the influence of intoxicating liquor | | or drugs and knew or reasonably should have known that the | | driver was under the influence of intoxicating liquor or | | drugs, a court shall assign special weight to this fact in | | determining the basic term of imprisonment as the first step | | in the sentencing process. |
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| | | The sentence must include a period of incarceration of not | | less than 6 months, a fine of not less than $2,000 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. 2. 29-A MRSA §2411-A is enacted to read: |
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| | | §2411-A.__Criminal liability of passenger in aggravated OUI | | case |
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| | | 1.__Violation; penalty.__A person commits a Class E crime if | | that person: |
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