An Act To Change Mandatory Minimum Sentences in Certain Cases
Maine Legislature, Session 122, LD 0893
Committee: Criminal Justice and Public Safety
Sponsors: MILLS
Amends: 29-A MRSA §2411

Legislative Document 
No. 893 
S.P.301 
In Senate, February 22,2005 
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 Senator MILLS of Somerset. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
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 
6ba~~ must be 
sentenced to imprisonment for life or for any term of years that 
is not less than 69 20. 
The sentence of the court 
6ba~~ must 
specify the length of the sentence to be served and 
6ba~~ 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 2003, c. 
232, §1, is repealed. 
Sec.3. 17·A MRSA §1252, sub·§9 is enacted to read: 
9. 
Whenever 
a 
mandatory 
Illinimum 
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 adversel~fects the safety of the public and would 
not frustrate the general purposes of sentencing set forth in 
section 1151. 
To deviate from the mandl'ltory minimum sentence, the court shall 
consider all relevant factors, including: 
A. 
The nature of the criminal act: 
B. 
Any 
recomme~ndatiQn1L~ __ the victim, the victim's family 
and the prosecuting attorney: 
C. 
The defendant's prospects for rehabilitation, 
demonstration 
of 
remorse 
and 
a 
comprehension 
consequences of the defendant's actions: and 
credible 
of 
the 
• 
D. 
The age, background and physical and mental condition of 
the 
defendant, 
the 
defendant's 
family 
circumstances 
and 
whether the criminal act was a singular aberration in the 
life of the defendant. 
Sec. 4. 29-A MRSA §2411, sub-§5, as amended by PL 2003, c. 
673, Pt. TT, §4 and c. 689, Pt. B, §6, 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 miHim~m penalties apply aRe-maY-He~-ge-s~s~eHeee: 
A. 
For a person having no previous OUI offenses wi thin a 
10-year period: 
'"i0 
(1) 
A fine eE-~~-~~-&att&-$9ggT-€~£€~-~~--~~-~Be 
~etSeR-~~~~~~-&~9m~&-~e-~~~r-a-~4£€-~--~&-less 
EBaH-$~gg up to the maximum allowed under Title 17 -A, 
section 1301, subsection I-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 eE-£~~--~-&att&-$+ggT-€~£€~-~~--~~-EBe 
~etSeR-~.a.,i~~~~-&~9mil;-~e-~~~-al;-~£€-~~--G-~-a 
±aw-~~~-~~~~rr-a-~~~~~-Be~-~~-~-$9GG 
up to the maximum amount allowed under section 1301, 
subsection I-A, paragraph D; 
(2) 
A 
period of 
incarceration, 
which 
may 
not 
be 
suspended, of not less than 7 days, except that if the 
person failed to submit to a test at the request of a 
law enforcement officer, a period of incarceration of 
not less than 12 days; 
(3) 
A 
court-ordered 
suspensionL,_-'w'-'h.....".i-"'c~h'----'m.!.!.a~y_--=n....,o"-t"'-----"'b_~ 
suspended, of a driver's license for 
a period of 18 
months; and 
(4) 
In accordance with section 2416, 
suspension, which may not be suspended, 
right to register a motor vehicle; 
a court-ordered 
of the person's 
C. 
For a person having 2 previous OUI offenses wi thin a 
10-year period, which is a Class C crime: 
(1) 
A fine ef-Be~-~€££-~~~~r~r~~~-~aa~-if-tae 
pe~seB-~~~~€~-~~-&~Bmi~-~e-~~~-a~-~ae-~~~~-a 
±aw-eB£e£€emeB~-~~~~€€~~-~~~~~~~~-~&&-~baB-$±T4GG 
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, 
which 
may 
not 
be 
suspended, 
of 
a 
driver's license for 
a 
period of 
years; and 
(4) 
In accordance with section 2416, 
suspension, which may not be suspended, 
right to register a motor vehicle; 
a court-ordered 
of the person's 
D. 
For a 
person having 
or more previous OUI offenses 
within a 10-year period, which is a Class -b-
~ crime: 
(1) 
A fine ef-Be~-l€££-~~~,~~,-~~-~aa~-if-tae 
peFseB-~ai~~~~-&~9mi~-~e-~~~-at-~he-~~-~~-a 
±aw-eB£eFeemeB~-~££~€€~~-~~~~~-~-~&&-tbaB-$6T9GG 
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 ef--a---dF-i-...e-F-!...&-lieense 
feF--a---pe-r-:i-e-d--ef or revocation of a driver's license 
pursuant 
to 
this 
subparagraph. 
The 
court 
may 
permanently revoke the driver's license of 
a 
person 
sentenced 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; 
D-l. 
A violation of subsection I-A, paragraph D is a Class 
C crime, which is a strict liability crime as defined in 
Title l7-A, section 34, subsection 4-A. 
The sentence must 
include a period of incarceration of not less than 6 months, 
a fine ef--no-t:--l-ess--t.-han--$6rlGG up to the maximum allowed 
under Title l7-A, section 1301, subsection I-A, paragraph C 
and a court-ordered suspension, which may not be suspended, 
of 
a 
driver's license 
for 
a 
period of 
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 
ln 
the 
alcohol and other drug program of the Department of Health 
and Human Services, Off ice 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, D or D-l if the person was operating the 
motor vehicle at the time of the offense with a passenger 
under 21 years of age. 
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 
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 
or more OUI convictions in a 
10-year period from a Class C crime to a Class B crime and allows 
the court to permanently revoke the driver's license of a person 
convicted of 4 or more OUI violations in a 10-year period.