Sec. TT-1. 4 MRSA §1057, sub-§2-A, as amended by PL 2003, c. 20, Pt. R, §3, is further amended to read:
2-A. Surcharge imposed. A surcharge Surcharges of 14% and 5% must be added to every fine, forfeiture or penalty imposed by any court in this State, which, for the purposes of collection and collection procedures, is are considered a part of the fine, forfeiture or penalty. All funds The 14% surcharge collected as a result of this surcharge subsection must be deposited monthly in the Government Operations Surcharge Fund and the 5% surcharge collected as a result of this subsection must be deposited directly into the General Fund. Two-sevenths of the surcharge collected and deposited in the Government Operations Surcharge Fund must be paid to the Maine Criminal Justice Academy to supplement current funds for training and recertification of part-time and full-time law enforcement officers.
Sec. TT-2. 4 MRSA §1057, sub-§3, as amended by PL 1995, c. 668, §1, is further amended to read:
3. Reimbursement to counties. Monthly, the Treasurer of State shall make payments from the Government Operations Surcharge Fund to each county in the same proportion as the total amount paid to that county from the total amount deposited into the fund Government Operations Surcharge Fund during the fiscal year ending June 30, 1991 bears to the total amount deposited into the fund during the fiscal year ending June 30, 1991, except that a county may not receive an amount greater than the prior year's expenditures on its jail. The amount of total payments made to counties must equal 2% of the total fines, forfeitures and penalties, including this surcharge, received by the Treasurer of State for deposit in the Government Operations Surcharge Fund. The balance remaining in the Government Operations Surcharge Fund at the end of each month must accrue to the General Fund.
Sec. TT-3. 29-A MRSA §2411, sub-§5, as amended by PL 2001, c. 511, §3, is further amended to read:
5. Penalties. The following minimum penalties apply and may not be suspended:
A. For a person having no previous OUI offenses within a 10-year period:
(1) A fine of not less than $400 $500, except that if the person failed to submit to a test, a fine of not less than $500 $600;
(2) A court-ordered suspension of a driver's license for a period of 90 days; and
(3) A period of incarceration as follows:
(a) Not less than 48 hours when the person:
(i) Was tested as having a blood-alcohol level of 0.15% or more;
(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 submit to a test at the request of a law enforcement officer;
B. For a person having one previous OUI offense within a 10-year period:
(1) A fine of not less than $600 $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 $800 $900;
(2) A period of incarceration of not less than 7 days, except that if the person failed to submit to a test at the request of a law enforcement officer, a period of incarceration of not less than 12 days;
(3) A court-ordered suspension of a driver's license for a period of 18 months; and
(4) In accordance with section 2416, a court-ordered suspension of the person's right to register a motor vehicle;
C. For a person having 2 previous OUI offenses within a 10-year period:
(1) A fine of not less than $1,000 $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 $1,300 $1,400;
(2) A period of incarceration of not less than 30 days, except that if the person failed to submit to a test at the request of a law enforcement officer, a period of incarceration of not less than 40 days;
(3) A court-ordered suspension of a driver's license for a period of 4 years; and
(4) In accordance with section 2416, a court-ordered suspension of the person's right to register a motor vehicle;
D. For a person having 3 or more previous OUI offenses within a 10-year period, which is a Class C crime:
(1) A fine of not less than $2,000 $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 $2,400 $2,500;
(2) A period of incarceration of not less than 6 months, except that if the person failed to submit to a test at the request of a law enforcement officer, 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 6 years; and
(4) In accordance with section 2416, a court-ordered suspension of the person's right to register a motor vehicle;
E. If a law enforcement officer failed to provide the warnings required by section 2521, subsection 3, the increase in minimum penalties required because of a refusal to submit to a test is not mandatory;
F. For a person sentenced under paragraph B, C or D, the court shall order the defendant to participate in the alcohol and other drug program of the Department of Behavioral and Developmental Services, Office of Substance Abuse. The court may waive the program pursuant to Title 5, section 20073-B, if the court finds that the defendant has completed an alcohol or other drug treatment program subsequent to the date of the offense; and
G. The court shall order an additional period of license suspension of 275 days for a person sentenced under paragraph A, B, C or D if the person was operating the motor vehicle at the time of the offense with a passenger under 21 years of age.
Sec. TT-4. 29-A MRSA §2411, sub-§5, as amended by PL 2003, c. 452, Pt. Q, §§80 to 82 and affected by Pt. X, §2, is further amended to read:
5. Penalties. Except as otherwise provided, violation of this section is a Class D crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. The following minimum penalties apply and may not be suspended:
A. For a person having no previous OUI offenses within a 10-year period:
(1) A fine of not less than $400 $500, except that if the person failed to submit to a test, a fine of not less than $500 $600;
(2) A court-ordered suspension of a driver's license for a period of 90 days; and
(3) A period of incarceration as follows:
(a) Not less than 48 hours when the person:
(i) Was tested as having a blood-alcohol level of 0.15% or more;
(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 submit to a test at the request of a law enforcement officer;
B. For a person having one previous OUI offense within a 10-year period:
(1) A fine of not less than $600 $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 $800 $900;
(2) A period of incarceration of not less than 7 days, except that if the person failed to submit to a test at the request of a law enforcement officer, a period of incarceration of not less than 12 days;
(3) A court-ordered suspension of a driver's license for a period of 18 months; and
(4) In accordance with section 2416, a court-ordered suspension of the person's right to register a motor vehicle;
C. For a person having 2 previous OUI offenses within a 10-year period:
(1) A fine of not less than $1,000 $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 $1,300 $1,400;
(2) A period of incarceration of not less than 30 days, except that if the person failed to submit to a test at the request of a law enforcement officer, a period of incarceration of not less than 40 days;
(3) A court-ordered suspension of a driver's license for a period of 4 years; and
(4) In accordance with section 2416, a court-ordered suspension of the person's right to register a motor vehicle;
D. For a person having 3 or more previous OUI offenses within a 10-year period, which is a Class C crime:
(1) A fine of not less than $2,000 $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 $2,400 $2,500;
(2) A period of incarceration of not less than 6 months, except that if the person failed to submit to a test at the request of a law enforcement officer, 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 6 years; and
(4) In accordance with section 2416, a court-ordered suspension of the person's right to register a motor vehicle;
D-1. A violation of subsection 1-A, paragraph D is a Class C crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. The sentence must include a period of incarceration of not less than 6 months, a fine of not less than $2,000 $2,100 and a court-ordered suspension of a driver's license for a period of 6 years. These penalties may not be suspended;
E. If a law enforcement officer failed to provide the warnings required by section 2521, subsection 3, the increase in minimum penalties required because of a refusal to submit to a test is not mandatory;
F. For a person sentenced under paragraph B, C or D, the court shall order the defendant to participate in the alcohol and other drug program of the Department of Behavioral and Developmental Services, Office of Substance Abuse. The court may waive the program pursuant to Title 5, section 20073-B, if the court finds that the defendant has completed an alcohol or other drug treatment program subsequent to the date of the offense; and
G. The court shall order an additional period of license suspension of 275 days for a person sentenced under paragraph A, B, C, D or D-1 if the person was operating the motor vehicle at the time of the offense with a passenger under 21 years of age.
Sec. TT-5. 29-A MRSA §2412-A, sub-§3, as amended by PL 1999, c. 196, §3, is further amended to read:
3. Minimum mandatory sentences for certain suspension. If the suspension was for OUI or an OUI offense, the court shall impose a minimum fine of $500 $600, a term of imprisonment of 7 consecutive days and a suspension of license of not less than one year nor more than 3 years consecutive to the original suspension. The penalties may not be suspended.
A. If the person has a prior conviction for violating this section within a 10-year period and was subject to the minimum mandatory sentences, then the following minimum penalties, which may not be suspended by the court, apply in the event the suspension was for OUI:
(1) A minimum fine of $1,000, a term of imprisonment of 30 consecutive days and a suspension of license for not less than one year nor more than 3 years consecutive to the original suspension in the event of one prior conviction;
(2) A minimum fine of $2,000, a term of imprisonment of 60 consecutive days and a suspension of license for not less than one year nor more than 3 years consecutive to the original suspension in the event of 2 prior convictions; or
(3) A minimum fine of $3,000, a term of imprisonment of 6 months and a suspension of license for not less than one year nor more than 3 years consecutive to the original suspension in the event of 3 or more prior convictions. The sentencing class for this offense is a Class C crime.
B. For all other suspensions, the minimum fine for a first offense is $200 $250, which may not be suspended by the court if the person has a prior conviction for violating this section within a 10-year period. The minimum fine for 2nd and subsequent offenses is $500, which may not be suspended by the court.
A separate reading of the allegation and a separate trial are not required under this subsection.
Sec. TT-6. 29-A MRSA §2557, sub-§2, as amended by PL 1997, c. 476, §1, is further amended to read:
2. Offense; penalty. Violation of this section is:
A. A Class D crime if:
(1) The person has no conviction for operating after revocation under this section or under former Title 29, section 2298 within the previous 10 years; and
(2) The person has no conviction for violating section 2411 or former Title 29, section 1312-B within the previous 10 years; and.
The minimum fine for a Class D crime under this paragraph is $500, which may not be suspended by the court; and
B. A Class C crime if:
(1) The person has one or more convictions for operating after revocation under this section or under former Title 29, section 2298 within the previous 10 years; or
(2) The person has one or more convictions for violating section 2411 or former Title 29, section 1312-B within the previous 10 years.
The minimum fine for a Class C crime under this paragraph is $1,000, which may not be suspended by the court.
The Secretary of State may not grant relief from habitual offender status under section 2554 until at least 3 years after the original date scheduled for eligibility to apply for relief of that status.
Sec. TT-7. 29-A MRSA §2557, sub-§2, as amended by PL 2003, c. 452, Pt. Q, §91 and affected by Pt. X, §2, is further amended to read:
2. Offense; penalty. Violation of this section is:
A. A Class D crime if the person violates subsection 1 and:
(1) The person has no conviction for operating after revocation under this section or under former Title 29, section 2298 within the previous 10 years; and
(2) The person has no conviction for violating section 2411 or former Title 29, section 1312-B within the previous 10 years; and.
The minimum fine for a Class D crime under this paragraph is $500, which may not be suspended by the court; and
B. A Class C crime if the person violates subsection 1 and:
(1) The person has one or more convictions for operating after revocation under this section or under former Title 29, section 2298 within the previous 10 years; or
(2) The person has one or more convictions for violating section 2411 or former Title 29, section 1312-B within the previous 10 years.
The minimum fine for a Class C crime under this paragraph is $1,000, which may not be suspended by the court.
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