An Act To Amend the Laws Regarding the Unlawful Use of License or Identification Card
Maine Legislature, Session 124, LD 1612
Sponsors: STRANG BURGESS, HASKELL, SYKES

Legislative Document 
No. 1612 
H.P. 1140 
House of Representatives, December 23,2009 
An Act To Amend the Laws Regarding the Unlawful Use of License 
or Identification Card 
Approved for introduction by a mq.jority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 21, 2009. Referred to the Committee on 
Criminal Justice and Public SafetypursLlant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401. 
. 
71~d; 111· 7l/!LC;{dw~{ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative STRANG BURGESS of Cumberland. 
Cosponsored by Representatives: HASKELL of Portland, SYKES of Harrison. 
Pril1ltd ~1)J rCLyclt:d p"pcr 
Be it enacted by the People of the State of Maine as follows: 
Sec~ 1. 29-A MRS A §2102, as amended by PL 2003, c. 452, Pt. Q, §§54 to 57 and 
affected by Pt. X, §2, is further amended to r~ad: 
§2102. Unlawful use of license or identification card; unlawful dissemination of 
protected information 
A person commits a Class E crime if that person: The following provisions govern 
the unlawful use of a license or identification card and the unlawful dissemination of 
information that is protected by a state law or rule that implements the federal Driver's 
Privacy Protection Act of 1994, 18 United States Code, Sections 2721 to 2725 (2006). 
1. Display revoked, mutilated, fictitious or fraudulently altered driver's license 
or identification card. Displays A person commits a Class E crime if that person 
displays a revoked, suspended, mutilated, fictitious or fraudulently altered driver's license 
or identification card issued or represented to be issued by this State or any other state or 
provincet~ 
, 
1-A. 
Possess revoked, mut' ated, fictitious or fraudulently altered driver's 
license or identification card. Possesses A person commits a Class E crime if that 
person possesses a' revoked, suspended, mutilated, fictitious or fraudulently altered 
driver's'license or identification card issued or represented to be issued by this State or 
any other state or provincet~ 
1-B. Display suspended driver's license or identification card; crime. A person 
,commits a Class Ecrime if that person displays a suspended driver's license or 
identification card issued by this State or any other state or province when the operation 
of the motor vehicle by that person is punishable as a crime. 
1-C. Display suspended driver's license or identification card; traffic infraction .. 
A person commits a traffic infraction if that person displays a suspended driver's license 
or identification card issued by this State or any other state or province when the 
operation of the motor vehicle by that person is punishable as a traffic infraction. 
1-D. Possess suspended driver's license or identification card; crime. A person 
commits a Class E crime if that person possesses a suspended driver's license or 
identification card issued by this State or any other state or province when the operation 
of the motor vehicle by that person is punishable as a crime. 
1-Eo Possess suspended driver's license or identification card; traffic infraction. 
A person commits a traffic infraction if that person possesses a suspended driver's license 
or' identification card issued by this State or any other state or province when the 
operation bfthe motor vehicle by that person is punishable as a traffic infraction. 
2. Loan. Knovlingly A person commits a Class E crime if that person knowingly 
permits another person to use that person's driver's license or identification card issued ef 
reoresented to be issued by this State or any other state or provincet~ 
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3. Representation. Displays A person commits a Class E crime if that person 
displays or represents as ooe!s that person's own a driver's license or identification card . 
issued to another by this State or any other state or provincet~ 
4. Use. KnO'.vingly A person commits a Class E crime if that person knowingly 
permits an unlawful use of a driver's license or identification card issued or represented to 
he issued by this State or any other state or provincet-OF~ 
5. Privacy laws or rules; violation. KnO'.vingly A person commits a Class E crime 
if that person knowingly disseminates information that is protected by a state law or rule 
that implements the Federal federal Driver's Privacy Protection Act of 1994 .. 
Violation of this section subsection I, I-A, I-B, I-D or 3 is a strict liability crime as 
defined in Title 17-A, section 34, subsection 4-A. 
Sec. 2. 29-A MRS A §2412-A, sub-§8, as enacted by PL 2009, c. 297, §2, is 
amended to read: 
8. Traffic infraction. A person commits a traffic infraction operating while license 
suspended as described· in subsection I-A, paragraph A if the person has not been 
convicted or adjudicated of a prior offense under this section and the sole basis for the 
suspension is: 
A. Failure.to pay a fine; 
B. Failure to pay a license reinstatement fee; or 
C. Suspension for a dishonored check. 
SUMMARY 
This bill .amends the offense of possessing or displaying a suspended license by 
creating a 2-tier violation, a crime and a traffic infraction, which parallels the changes 
made to the operating after suspension statute by Public Law 2009, chapter 297. The bill 
provides that a person commits a Class E crime if that person displays or possesses a 
suspended driver's license or identification card when operation of the motor vehicle by 
that person is punishable as a crime. The bill also provides that a person commits a 
traffic infraction if that person displays or possesses a: suspended driver's license or 
identification card when operation of the motor vehicle by that person is punishable as a 
traffic infraction. 
The bill further adds a cross-reference to clarify what is intended by the conduct of 
"operating while license suspended." The conduct is as described in the Maine Revised 
Statutes, Title 29-A, section 2412-A, subsection I-A, paragraph A. 
The bill also clarifies which prohibited acts are strict liability crimes.