An Act To Change Mandatory Minimum Sentences in Certain Cases
Maine Legislature, Session 121, LD 0856
Committee: Criminal Justice and Public Safety
Sponsors: MILLS, GERZOFSKY, NORBERT, DAVIS
Amends: 29-A MRSA §2411

12lst MAINE LEGISLATURE 
Legislative Document 
No. 856 
H.P.633 
House of Representatives, February 20, 2003 
An Act To Change Mandatory Minimum Sentences in Certain 
Cases 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative MILLS of Cornville. 
/J'l~/h.~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: GERZOFSKY of Brunswick, MILLS of Farmington, 
NORBERT of Portland, Senator: DAVIS of Piscataquis. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 17·A MRSA §1251. as amended by PL 1999, c. 536, §1, 
is further amended to read: 
§1251. 
Imprisonment for murder 
A person convicted of the crime of murder saal;I, must be 
sentenced to imprisonment for life or for any term of years that 
is not less than 69 2.Q. 
The sentence of the court saal;I, must 
specify the length of the sentence to be served and saa;I,;I, commit 
the person to the Department of Corrections. 
In setting the length of imprisonment, if the victim is a 
child who had not in fact attained the age of 6 years at the time 
the crime was committed, a court shall assign special weight to 
this objective fact in determining the basic sentence in the 
first step of the sentencing process. 
The court shall assign 
special weight to any sUbjective victim impact in determining the 
final sentence in the 
2nd 
and final step in the sentencing 
process. 
Nothing in this paragraph may be construed to restrict 
a court in setting the length of imprisonment from considering 
the age of the victim in other circumstances when relevant. 
Sec. 2. 17·A MRSA §1252, sub.§5.A, as amended by PL 2001, c. 
383, §151 and affected by §156, is repealed. 
Sec.3. 17·A MRSA §1252. sub.§9 is enacted to read: 
9. 
Whenever 
a 
mandatory 
minimum 
fine 
or 
period 
of 
imprisonment is required by law, the mandatory minimum sentence 
may be suspended if imposition of the mandatory minimum sentence 
would create substantial injustice and if the deviation from the 
mandatory minimum sentence neither diminishes the gravity of the 
offense nor adversely affects the safety of the public and would 
not frustrate the general purposes of sentencing set forth In 
section 1151. 
In deviating from the mandatory minimum sentence, 
the 
presiding 
justice 
shall 
consider 
all 
relevant 
factors, 
including: 
A. 
The nature of the criminal act; 
B. 
The recommendations of the victim or the victim's family 
and the prosecuting attorney; 
C. 
The defendant's prospects for rehabilitation, credible 
demonstration 
of 
remorse 
and 
a 
comprehension 
of 
the 
consequences of the defendant's actions; and 
D. 
The age, background and physical and mental condition of 
the 
defendant, 
the 
defendant's 
family 
circumstances 
and 
whether the criminal act was an isolated aberration in the 
life of the defendant. 
Sec. 4. 29-A MRSA §2411, sub-§5, as amended by PL 2001, c. 
511, §3, is further amended to read: 
5. 
Penalties. 
The following HliRiHlWII penal ties apply aRe. 
Hlay-Ret-Be-s~SpeRQeQ: 
A. 
For a person having no previous OUI offenses within a 
10-year period: 
(1) 
A fine e~-£~--~-~~-$4QQT-~~~-~~--b~-tRe 
peFseR-~a~~€4-~~-&~Bmb~-~e-~~~r-a-~~Be-~--~~-les6 
taaR-$§QQ up to the maximum allowed under Title 17 -A, 
section 1301, subsection 1 A, paragraph D; 
(2) 
A court-ordered suspension of a driver's license 
for a period of 90 days, which may not be suspended; and 
(3) 
A 
period 
of 
incarceration, 
which 
may 
not 
be 
suspended, 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 
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 e~-£~~--~-~ha~-$9QQT-~~~-~~-b~-tae 
peFseR-~a~~~-~~-&~Bmb~-~e-~~~-a~-~he-~~_~~_a 
law-~~~~-~~~~~r-a-~~~~~-Bet-~~~~_$8QQ 
up to the maximum amount allowed under section 1301, 
subsection I-A, paragraph D: 
(2) 
A period 
of 
incarceration, 
which 
may 
not 
be 
suspended, of not less than 7 days, except that if the 
person failed to submit to a test at the request of a 
law enforcement officer, a period of incarceration of 
not less than 12 days: 
(3) 
A court-ordered 
suspensionL, __ ~w~h~~~'~c~h~2m~a~y~~n~o~t~~b~e 
suspended, of a driver's license for a period of 18 
months; and 
(4) 
In accordance with section 2416, a court-ordered 
suspension, which may not be suspended, of the person's 
right to register a motor vehicle: 
C. 
For a person having 2 previous QUI offenses wi thin a 
10-year period, which is a Class C crime: 
(1) 
A fine e£-Re~-~€££-~~~~~r~~-~&a~-i~-~Re 
FerseR-~~~~€4-~~-&~9mi~-~e-~~~-a~-~8€-~~-~~-a 
law-eRfe£€effieR~-~~~€€~~-~~~~~-~~-~&&-~Raa-$lT~GG 
up to the maximum allowed under Title 17 -A, section 
1301, subsection I-A, paragraph C: 
(2) 
A period of 
incarceration, 
which 
may 
not 
be 
suspended, 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, 
suspended, 
of a driver's license 
years; and 
which 
may 
not 
be 
for 
a period of 
(4) 
In accordance with section 2416, a court-ordered 
suspension, which may not be suspended, of the person's 
right to register a motor vehicle: 
D. 
For a person having 3 or more previous QUI 
offenses 
within a 10-year period, which is a Class b ~ crime: 
(1) 
A fine e€-Re~-~€££-~~~~r~-~~~-if-~Re 
FerseR-~~~~€B-~~-&~9mi~-~e-~~~-a~-~8e-~~~-~~-a 
law-eRfe£€effieR~-~~~€~~-~~~~~-~-~&&-~Raa-$6T4GG 
up to the maximum allowed under Title 17 -A, section 
1301, subsection I-A, paragraph B: 
• 
(2) 
A period of 
incarceration, 
which 
may 
not 
be 
suspended, 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 
eE--a--4l'-i-..e-l'-~-;!,i€eR6e 
EeE-~--pe-£-i~-eE or revocation of a driver's license 
pursuant 
to 
this 
subparagraph. 
The 
court 
may 
permanently revoke the driver's license of 
a 
person 
convicted under this paragraph, but if the court does 
not permanently revoke the driver's license, it must 
impose 
a 
minimum 
suspension, 
which 
may 
not 
be 
suspended, of the driver's license for a period of not 
less than 6 years; and 
(4) 
In accordance with section 2416, 
a court-ordered 
suspension, which may not be suspended, 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 
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. 5. 29-A MRSA §2411. sub-§6. as amended by PL 
2001 r 
c. 
332, §1, is further amended to read: 
6. 
Aggravated punishment cateqory. 
An operator commits a 
Class C offense if the State pleads and proves that the operator. 
while operating a motor vehicle in violation of this section: 
A. 
In fact caused serious bodily injury as defined in Title 
l7-A, section 2 r 
subsection 23 to another person or in fact 
caused the death of another person; or 
B. 
Has either a prior conviction for a Class B or C crime 
under this section 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 a blood-alcohol content of 0.08% or greater. 
In any prosecution under this subsection, 
the State need not 
prove that the defendant's condition of being under the influence 
of intoxicants or having a blood-alcohol level of 
0.08~ or more 
caused the serious bodily injury or dea:h alleged. 
The State 
must prove only that the defendant's operation caused the serious 
bodily injury or death. 
The court shall apply the definition of 
causation in Title 17-A, section 33. 
The sentence must include a period of incarceration of not less 
than 6 months, a fine 
e~-*l-e4:.-...J-e&6--t;b:a.a--$6T"HH) up to the maximum 
allowed under Title l7-A, section 1301, subsection I-A, paragraph 
~ and a court-ordered suspension of a driver's license for 
a 
period of 6 years. 
±Rese-penal~ie&-may-ne~ Neither the period of 
incarceration nor the court-ordered license suspension may be 
suspended. 
SUMMARY 
This 
bill 
affects 
sentences 
in 
criminal 
cases 
in 
the 
following ways. 
1. 
It decreases the minimum sentence of imprisonment for 
murder to 20 years. 
2. 
It grants the sentencing court the authority to deviate 
from a mandatory minimum sentence and mandatory minimum fine in 
those circumstances when the court determines that the mandatory 
fine or sentence would create a substantial injustice and the 
deviation would not diminish the gravity of 
the offense 
or 
adversely affect the public safety. 
Specific factors must be 
considered by 
the 
court before deviating 
from 
the 
mandatory 
minimum. 
3. 
It removes the cap on fines for operating under the 
influence and instead allows the court to impose the maximum fine 
allowed for that specific class of crime. 
Currently, the maximum 
penalty that may be imposed for a Class D crime is $2,000; for a 
Class C crime, the maximum is $5,000: and for a Class B crime, 
the maximum is $20,000. 
4. 
It changes the class of crime for a 3rd OUI conviction 
in less than 10 years from a Class D to a Class C crime. 
It also 
.. 
changes the class of crime for 4 or more OUI convictions in a 
lO-year period from a Class C crime to a Class B crime . 
•