This 2-tier system has been placed under a constitutional cloud by the decision of the United States Supreme Court in Apprendi v. New Jersey, 530 U.S. 466 (2000), which held that sentencing factors increasing punishment beyond the maximum authorized must be treated as elements of crimes to be pleaded and proved beyond a reasonable doubt rather than as sentencing factors. Since the "heinousness" standard can be interpreted as increasing maximum punishment of up to 20 years to the "expanded range" of 20 to 40 years, it is potentially unconstitutional absent legislative correction.

The bill eliminates the constitutional cloud by replacing the 2-tier system with a single 0- to 30-year range. This change anticipates that the Law Court, through the case-by-case sentence review process, will develop and apply criteria that will avoid the imposition of excessively harsh sentences within the single range. In solving the Apprendi problem, this change will affect few actual sentences.

The bill adds the culpable mental state of "intentionally" to Title 29-A, section 105, subsection 4, regarding the enforcement of the motor vehicle laws, to conform it to Title 17-A, sections 15-A and 17.