‘An Act Regarding Consent by a Motor Vehicle Operator to a Blood Test’
| HP0567 LD 762 |
Session - 129th Maine Legislature C "A", Filing Number H-284, Sponsored by
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LR 1575 Item 2 |
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| Bill Tracking, Additional Documents | Chamber Status | ||
Amend the bill by striking out the title and substituting the following:
‘An Act Regarding Consent by a Motor Vehicle Operator to a Blood Test’
Amend the bill by striking out everything after the enacting clause and inserting the following:
‘Sec. 1. 29-A MRSA §2401, sub-§11, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
Sec. 2. 29-A MRSA §2411, sub-§5, ¶A, as amended by PL 2013, c. 389, §1 and affected by §7, is further amended to read:
(1) A fine of not less than $500, except that if the person failed to submit to a test, a fine of not less than $600;
(2) A court-ordered suspension of a driver's license for a period of 150 days; and
(3) A period of incarceration as follows:
(a) Not less than 48 hours when the person:
(i) Was tested as having an alcohol level of 0.15 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath;
(ii) Was exceeding the speed limit by 30 miles per hour or more;
(iii) Eluded or attempted to elude an officer; or
(iv) Was operating with a passenger under 21 years of age; and
(b) Not less than 96 hours when the person failed to comply with the request of a law enforcement officer to submit to a blood test at the request of a law enforcement officer authorized by a warrant, a breath test or a urine test;
Sec. 3. 29-A MRSA §2411, sub-§5, ¶¶B and C, as amended by PL 2007, c. 531, §2 and affected by §10, are further amended to read:
(1) A fine of not less than $700, except that if the person failed to submit to a test at the request of a law enforcement officer, a fine of not less than $900;
(2) A period of incarceration of not less than 7 days, except that if the person failed to comply with the request of a law enforcement officer to submit to a blood test at the request of a law enforcement officer authorized by a warrant, a breath test or a urine test, a period of incarceration of not less than 12 days;
(3) A court-ordered suspension of a driver's license for a period of 3 years; and
(4) In accordance with section 2416, a court-ordered suspension of the person's right to register a motor vehicle;
(1) A fine of not less than $1,100, except that if the person failed to submit to a test at the request of a law enforcement officer, a fine of not less than $1,400;
(2) A period of incarceration of not less than 30 days, except that if the person failed to comply with the request of a law enforcement officer to submit to a blood test at the request of a law enforcement officer authorized by a warrant, a breath test or a urine test, a period of incarceration of not less than 40 days;
(3) A court-ordered suspension of a driver's license for a period of 6 years; and
(4) In accordance with section 2416, a court-ordered suspension of the person's right to register a motor vehicle;
Sec. 4. 29-A MRSA §2411, sub-§5, ¶D, as amended by PL 2013, c. 187, §1, is further amended to read:
(1) A fine of not less than $2,100, except that if the person failed to submit to a test at the request of a law enforcement officer, a fine of not less than $2,500;
(2) A period of incarceration of not less than 6 months, except that if the person failed to comply with the request of a law enforcement officer to submit to a blood test at the request of a law enforcement officer authorized by a warrant, a breath test or a urine test, a period of incarceration of not less than 6 months and 20 days;
(3) A court-ordered suspension of a driver's license for a period of 8 years; and
(4) In accordance with section 2416, a court-ordered suspension of the person's right to register a motor vehicle;
Sec. 5. 29-A MRSA §2521, sub-§3, as amended by PL 1997, c. 357, §1, is further amended to read:
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
summary
This amendment replaces the bill and provides a new title. The amendment amends the criminal operating under the influence statutes for motor vehicle operators to:
1. Provide that refusal to submit to a blood test at the request of a law enforcement officer in the absence of a warrant is not a ground for imposition of a mandatory period of incarceration, does not constitute an operating under the influence offense for the purpose of requiring the imposition or enhancement of a mandatory minimum sentence of incarceration and is not admissible in evidence at a hearing or trial; and
2. Add to the warning given to a person being asked to submit to a test a statement that refusal to submit to a blood test at the request of a law enforcement officer in the absence of a warrant is not a ground for imposition of a mandatory period of incarceration.