An Act To Increase Accountability for the Most Serious Offenders of Laws Prohibiting Operating under the Influence of Drugs and Alcohol
Sec. 1. 29-A MRSA §2411, sub-§1-A, ¶D, as amended by PL 2009, c. 447, §38, is further amended to read:
(1) In fact causes serious bodily injury as defined in Title 17-A, section 2, subsection 23 to another person;
(1-A) In fact causes the death of another person; or
(2) Has either a prior conviction for a Class C crime under this section or former Title 29, section 1312-B 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 an alcohol level of 0.08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath. For purposes of this subparagraph, the 10-year limitation specified in section 2402 and Title 17-A, subsection 9-A, subsection 3 does not apply to the prior criminal homicide conviction.
summary
Current law provides for a Class B crime for a person who has a prior criminal homicide conviction involving or resulting from the operation of a motor vehicle while under the influence of intoxicating liquor or drugs who subsequently operates a motor vehicle while under the influence of intoxicating liquor or drugs. In State v. Stevens, 2007 ME 5, 912 A.2d 1229, the Supreme Judicial Court ruled that it was not clear whether the 10-year limit on using a prior conviction applied to this current law.
This bill corrects that ambiguity by specifying that the prior criminal homicide conviction applies, regardless of when it occurred, for purposes of an enhanced sentence, a Class B crime, for a subsequent conviction of operating under the influence.