| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 29-A MRSA §2414-A is enacted to read: |
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| | | §2414-A.__Owner liability for failure to stop for law |
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| | | 1.__Refusing to stop for law enforcement officer.__A person | | who is a registered owner of a vehicle at the time that vehicle | | is operated by another person in a violation under section 2414, | | subsection 2 commits a traffic infraction. |
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| | | 2.__Eluding officer.__A person who is a registered owner of a | | vehicle at the time that vehicle is operated by another person in | | a violation under section 2414, subsection 3 commits a Class D | | crime. |
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| | | 3.__Passing roadblock.__A person who is a registered owner of | | a vehicle at the time that vehicle is operated by another person | | in a violation under section 2414, subsection 4 commits a Class D | | crime. |
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| | | 4.__Aggravating factor.__A person who is a registered owner of | | a vehicle at the time that vehicle is operated by another person | | and is involved in a violation under section 2414, subsection 3 | | or 4, and a person other than the operator suffers serious bodily | | injury, as defined in Title 17-A, section 2, subsection 23, as a | | result, commits a Class C crime. |
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| | | 5.__Owner not operator of vehicle.__Except as provided in | | subsection 6, it is not a defense to a violation under this | | section that a registered owner was not operating a vehicle at | | the time of a violation under subsection 1, 2, 3 or 4. |
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| | | 6.__Defenses.__The following are defenses to a violation of | | this section. |
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| | | A.__If a person other than the registered owner is convicted | | of operating a vehicle at the time of a violation under | | section 2414, subsection 2, 3, 4, 5, 6 or 7, then the | | registered owner may not be found in violation under this | | section. |
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| | | B.__If the registered owner is a lessor of vehicles and at | | the time of a violation a vehicle was in the possession of a | | lessee, and if the lessor provides the investigating officer | | with a copy of the lease agreement containing the | | information required by section 254, then the lessee, not | | the lessor, must be charged under this section. |
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