LD 1600
pg. 70
Page 69 of 361 PUBLIC Law Chapter 414 Page 71 of 361
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LR 2121
Item 1

 
The violation of a prohibited act under this Part by a person
who has 3 or more adjudications of having committed civil
violations under this Part within the previous 5-year period is a
Class E crime.

 
§10604.__Conviction record of habitual violator

 
A certificate, signed by the commissioner or a person
designated by the commissioner, setting forth the conviction
record as maintained by the department of any person whose record
brings that person within the definition of an habitual violator,
as defined in section 10605, subsection 1, is admissible in
evidence in all courts of the State for purposes of sentencing.__
That certificate is prima facie evidence that the person named in
the certificate was duly convicted by the court in which that
conviction was made of each offense set forth in the certificate.__
If the person named in the certificate denies any of the facts
stated in the certificate, that person has the burden of proof.

 
§10605.__Sentencing alternative; habitual violator

 
1.__Habitual violator defined.__For purposes of this section,
"habitual violator" means a person whose record, as maintained by
the department, shows that:

 
A.__The person has been convicted of 3 or more prohibited
acts under this Part within the previous 5-year period,
except that, whenever more than one prohibited act is
violated at the same time, multiple convictions are deemed
to be one offense; or

 
B.__The person has been convicted of 2 or more Class E
crimes pursuant to section 10603 within the previous 5-year
period.

 
2.__Sentencing alternative for habitual violators.__When an
habitual violator is convicted of a crime in this Part the court
shall impose a sentencing alternative involving not less than 3
days imprisonment, none of which may be suspended, and a fine of
not less than $500, none of which may be suspended.

 
§10606.__License or permit violation

 
A person may not violate any restriction of a license or
permit issued in accordance with this Part.__Unless otherwise
provided in this Part, each day a person violates a restriction
of a license or permit issued in accordance with this Part, that
person commits a Class E crime.


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