LD 1567
pg. 184
Page 183 of 185 An Act To Implement Recommendations of the MCJUSTIS Policy Board Concerning the... Page 185 of 185
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LR 526
Item 1

 
although it will make little difference in how cases are currently
prosecuted.

 
Civil violations are frequently prosecuted in a different
manner than crimes. It is not uncommon for a prosecution for a
civil violation to be initiated after the violator has committed
several civil violations. At the time that violator comes to
court, the prosecutor may charge the violator with more than one
violation. These violations may be used to enhance the
violator's penalty if the violator is adjudicated as having
committed multiple violations. Instead of using the prior
conviction language explained above for committing multiple
crimes, the bill specifies that enhanced penalties for civil
violations may be applied if the violator has previously violated
that statute or another statute, as specified.

 
The bill identifies those crimes that do not require a
culpable state of mind as strict liability crimes as defined in
Title 17-A, section 34, subsection 4-A. This distinction is not
made for civil violations.

 
The bill includes language to make the statutes gender neutral
and to correct and update grammar. "Exceeds" is changed to "more
than," and "under" is changed to "less than." These changes are
made for consistency and are not intended to be substantive.

 
The bill changes reference to all monetary sanctions
authorized by law, including fines, forfeitures, penalties or
surcharges imposed by the court for a civil violation, to "fine"
unless the sanction is payable to an entity other than the State,
in which case the sanction continues to be identified as a civil
penalty. A general provision that indicates this change is added
to Title 14. Current law distinguishes between monetary
sanctions for civil violations based on the amount of the
penalty. If the sanction is less than $1,000, it is called a
civil forfeiture. If the sanction is more than $1,000, it is
called a civil penalty. Because "forfeiture" frequently carries
a different meaning under the statutes and because a distinction
based upon the monetary amount of a sanction appears to be
unknown to many and often used inconsistently even by those aware
of the distinction, the bill instead uses "fine" to refer to all
monetary sanctions for civil violations, just as the term is used
for crimes. Again, the only exception to this in the bill is
when the monetary sanction is to be paid to someone other than
the State, in which case "civil penalty" continues to be used to
distinguish to whom the sanction is paid.


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