An Act To Amend Operating After Suspension Laws by Creating an Infraction Alternative for II Certain Kinds of Operating After Suspension
Maine Legislature, Session 124, LD 1243
Committee Amendment CA_A_H412 (House)
Amends: 29-A MRSA §2551-A

COMMITTEE AMENDMENT "A" to H.P. 862, L.D. 1243, Bill, "An Act To 
Amend Operating After Suspension Laws by Creating an Infraction Alternative for 
II 
Certain Kinds of Operating After Suspension" 
Amend the bill in section 2 in §2412-A in subsection 8 in the 2nd line (page I, line 30 
in L.D.) by striking out the following: "or revoked" 
Amend the bill in section 2 in §2412-A in subsection 8 in the 2nd line (page I, line 30 
in L.D.) by inserting after the following: "convicted" the following: 'or adjudicated' 
Amend the bill in section 2 in §2412-A in subsection 8 by striking out all of 
paragraphs Band C (page I, lines 33 and 34 in L.D.) 
Amend the bill in section 2 in §2412-A in subsection 8 by relettering the paragraphs 
to read consecutively. 
Amend the bill by inserting after section 2 the following: 
'Sec. 3. 29-A MRSA §2551-A, sub-§3, as amended by PL 2009, c. 58, §§ 1 to 3, 
is further amended to read: 
3. 
Offenses not included. 
The following convictions are not included under 
subsection I, paragraph A: 
A. A conviction of operating a motor vehicle without a license if the license had 
expired and was not suspended or revoked; 
B. A conviction of operating after suspension when the suspension is based upon a 
failure to pay child support; aOO 
C. A conviction of operating after suspension when the suspension is based solely on 
a failure to pay the reinstatement fee required by section 2486~; and 
D. 
An adjudication for the traffic infraction of operating after suspension under 
section 2412-A, subsection 8.' 
Page I - 124LRI49I(02)-I 
COMMITTEE AMENDMENT 
~t;~s. 
COMMITIEE AMENDMENT 'A" to H.P. 862, L.D. 1243 
SUMMARY 
This amendment narrows the scope of the bill by eliminating the option to allow 
certain operating after suspension offenses to be considered traffic infractions in the case 
of a license that has been revoked and provides that certain operating after suspension 
infractions exist only in the case of license suspensions. The amendment also clarifies 
that the bill looks at prior adjudications as well as convictions for operating after 
suspension. The amendment removes from the bill the offenses of failure to appear in 
court and failure to comply with a child support order from the types of operating after 
suspension offenses that may be considered traffic infractions instead of crimes. Finally, 
the amendment specifies that the 3 operating after suspension offenses that are identified 
as traffic infractions are not included under the list of offenses for which a person is 
considered a habitual offender. 
FISCAL :"iOn: HE(JtlltED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved~ OS/25/09 frac.. 
LD 1243 
LR 1491(02) 
An Act To Amend Operating After Suspension Laws by Creating an Infraction Alternative for 
Certain Kinds of Operating After Suspension 
Fiscal Note for Bill as Amended by Committee Amendment 'A" 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor savings - General Fund 
Minor revenue decrease - General Fund 
Correctional and Judicial Impact Statements 
Reduces Class D and Class E crimes; decreases correctional and judicial costs. 
A reduction in fines will decrease General Fund revenue by minor amounts. 
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LR1491(02) - Fiscal Note - Page 1 of 1