An Act To Increase the Period of Time for the Calculation of a Prior Conviction for Operating under the Influence
Maine Legislature, Session 126, LD 1729
Committee Amendment CA_A_H729 (House)
Amends: 29-A MRSA §2402, 29-A MRSA §2412-A, 29-A MRSA §2451

COMMITTEE AMENDMENT" A" to H.P. 1237, L.D. 1729, Bill, "An Act To 
Increase the Period of Time for the Calculation of a Prior Conviction for Operating under 
the Influence" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 29-A MRSA §2402, first~, as amended by PL 1995, c. 368, Pt. AAA, 
§6, is further amended to read: 
For purposes of this chapter, a prior conviction or action has occurred within the 10-
year period if the date of the action or the date of the aoeket eBtry of eOlwietioB the 
sentence is imposed is 10 years or less from the date of the new conduct. 
Sec. 2. 29-A MRS A §2411, sub-§l-A,~, as amended by PL 2011, c. 159, §1, 
is further amended to read: 
D. Violates paragraph A, B or C and: 
(1) In fact causes serious bodily injury as defined in Title 17 -A, section 2, 
subsection 23 to another person; 
(I-A) In fact causes the death of another person; or 
(2) Has either a prior conviction for a Class B or Class C crime under this 
section or former Title 29, section 1312-B 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 an alcohol level of 
0.08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath. 
For purposes of this subparagraph, the lO-year limitation specified in section 
2402 and Title 17-A, subsection 9-A, subsection 3 does not apply to the prior 
criminal homicide conviction or to a prior conviction for a Class B or Class C 
crime under this section or former Title 29, section 1312-B. The convictions may 
have occurred at any time. 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT i+" to H.P. 1237, L.D. 1729 
Sec. 3. 29-A MRSA §2412-A, sub-§5, as enacted by PL 1995, c. 368, Pt. AAA, 
§ 12, is amended to read: 
5. Prior convictions. For purposes of this section, a prior conviction or suspension 
has occurred within a 10-year period if the date of the suspension or the doeket entry of a 
judgment of eoav:ietion by the elerk imposition of sentence is 10 years or less from the 
date of the new conduct that is penalized or for which the new penalty may be enhanced. 
Sec. 4. 29-A MRSA §2451, sub-§3, as amended by PL 2009, c. 54, §§ 1 to 3 and 
affected by c. 415, Pt. C, §§2 and 3, is further amended to read: 
3. Suspension period. Unless a longer period of suspension is otherwise provided 
by law and imposed by the court, the Secretary of State shall suspend the license of a 
person convicted of OUI for the following minimum periods: 
A. Ninety One hundred and fifty days, if the person has one OUI conviction within a 
lO-year period; 
B. Three years, if the person has 2 OUI offenses within a 1 O-year period; 6f 
C. Six years, if the person has 3 or more OUI offenses within a 1 O-year period~~ 
E. Eight years, if the person has 4 or more OUI offenses within a 1 O-year period. 
F or the purposes of this subsection, a conviction or suspension has occurred within a 10-
year period if the date of the new conduct is within 10 years of a date of suspension or a 
doeket entry of iudeHeBt of eonvietion imposition of sentence.' 
SUMMARY 
This amendment removes the provisions of the bill that increase the period of time 
for calculating a prior conviction for operating under the influence from 10 years to 15 
years. 
It amends the laws governing criminal operating under the influence to provide that 
the period of time for the calculation of a prior conviction for a Class B or C crime of 
operating under t~e influence is unlimited. 
The amendment also changes the time from which a prior conviction is calculated 
from the date of the docket entry of conviction to the date the sentence is imposed. 
FISCAL NOTE REQUIRED 
(See att~che~) 
. COMMITTEE AMENDMENT 
.. 
Approved: 03120/14 
~ac 
LD 1729 
LR 2529{02) 
An Act To Increase the Period of Time for the Calculation of a Prior Conviction for Operating under 
the Influence 
) \ 
Fiscal Note for Bill as Amended by Committee Amendment ,~, C 
f-/ -1 J... ~ 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes new Class B and Class C crimes; increases correctional, indigent legal and judicial costs. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
This bill is expected to increase Class B and Class C crimes by an undetermined amount each year. The average daily 
cost in a regional jail is $119.96 and the average daily cost in a State prison is $110.76. It will also increase costs to 
the Maine Commission on Indigent Legal Services by converting some first offense cases into felony cases. The 
incremental cost increases average $300 per case. The total amount of General Fund appropriations required cannot 
be estimated at this time. 
LR2529(02) - Fiscal Note - Page 1 of 1