An Act to Reclassify Certain Offenses Under the Motor Vehicle Laws and Increase the Efficiency of the Criminal Justice System
Maine Legislature, Session 131, LD 0429
Committee: Criminal Justice and Public Safety
Sponsors: PLUECKER, BEEBE-CENTER, NEWMAN, NUTTING, SALISBURY, WARREN, BRAKEY
Amends: 29-A MRSA §1603, 29-A MRSA §1859, 29-A MRSA §2069, 29-A MRSA §2102, 29-A MRSA §2104, 29-A MRSA §2412-A, 29-A MRSA §2417, 29-A MRSA §2551-A, 17-A MRSA §4-B

Legislative Document
No. 429
H.P. 262
House of Representatives, February 2, 2023
An Act to Reclassify Certain Offenses Under the Motor Vehicle 
Laws and Increase the Efficiency of the Criminal Justice System
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative PLUECKER of Warren.
Cosponsored by Senator BEEBE-CENTER of Knox and
Representatives: NEWMAN of Belgrade, NUTTING of Oakland, SALISBURY of Westbrook, 
WARREN of Scarborough, Senator: BRAKEY of Androscoggin.
Be it enacted by the People of the State of Maine as follows:
PART A
Sec. A-1.  29-A MRSA §1603, sub-§9, as enacted by PL 1993, c. 683, Pt. A, §2 
and affected by Pt. B, §5, is amended to read:
9.  Return license, certificates and plates.  A person whose license or registration has 
been suspended shall immediately return every license, registration certificate and 
registration plate issued to that person to the Secretary of State.  A person commits a Class 
E crime traffic infraction if that person, after notice of suspension, fails or refuses to return 
every license, registration certificate and registration plate.
Sec. A-2.  29-A MRSA §1859, as amended by PL 1995, c. 65, Pt. A, §104 and 
affected by §153 and Pt. C, §15, is further amended to read:
§1859.  Removal of vehicle
Removal of a vehicle described in section 1851 or of any part or accessory from the 
vehicle without the written consent of the person in charge or the owner of the premises or 
property where the vehicle is located is a Class E crime traffic infraction.  This section 
applies to all persons, including the owner of the vehicle.
Sec. A-3.  29-A MRSA §2069, sub-§3, ¶B, as enacted by PL 2015, c. 159, §4, is 
amended to read:
B.  The issuance of a summons for a traffic infraction as described in section 351, 2104 
or 2412‑A, subsection 8;
Sec. A-4.  29-A MRSA §2102, sub-§1, as amended by PL 2009, c. 493, §2, is 
further amended to read:
1.  Display revoked, mutilated, fictitious or fraudulently altered driver's license 
or identification card.  A person commits a Class E crime traffic infraction if that person 
displays a revoked, 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 
province.
Sec. A-5.  29-A MRSA §2102, sub-§1-A, as amended by PL 2009, c. 493, §2, is 
further amended to read:
1-A.  Possess revoked, mutilated, fictitious or fraudulently altered driver's license 
or identification card.  A person commits a Class E crime traffic infraction if that person 
possesses a revoked, 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 
province.
Sec. A-6.  29-A MRSA §2102, last ¶, as amended by PL 2009, c. 493, §2, is further 
amended to read:
Violation of subsection 1, 1‑A, 1‑B, 1‑D or 3 is a strict liability crime as defined in 
Title 17‑A, section 34, subsection 4‑A.
Sec. A-7.  29-A MRSA §2104, as amended by PL 2015, c. 176, §5, is further 
amended to read:
§2104.  Improper plates
1.  Attaching false plates.  A person commits a Class E crime traffic infraction if that 
person attaches to a vehicle a registration plate assigned to another vehicle or not currently 
assigned to that vehicle.
1-A.  Permitting attachment of false plates.  A person commits a Class E crime traffic 
infraction if that person permits to be attached to a vehicle a registration plate assigned to 
another vehicle or not currently assigned to that vehicle.
1-B.  Permitting display of false registration validation device.  A person commits 
a Class E crime traffic infraction if that person permits to be attached or displayed on a 
vehicle registration plate a registration validation device issued for another vehicle.
2.  False identification.  A person commits a Class E crime traffic infraction if that 
person obscures identification numbers, identification letters, the state name, validation 
sticker or mark distinguishing the type of plate attached to a vehicle.
3.  Manufacturing or reproduction of plates.  A person commits a Class D crime for 
which a fine may be imposed and a term of imprisonment may not be imposed if that person 
manufactures or reproduces registration plates without the consent of the Secretary of State. 
Violation of this subsection is a strict liability crime as defined in Title 17-A, section 34, 
subsection 4-A.
4.  Alterations to registration plates.  Except when a greater penalty is applicable, a 
person commits a traffic infraction if that person adds or attaches to a registration plate a 
decal, symbol, slogan, mark, letter or number not authorized by law or by the Secretary of 
State.
5.  Strict liability.  Violation of subsection 1, 2 or 3 is a strict liability crime as defined 
in Title 17‑A, section 34, subsection 4‑A.
Sec. A-8.  29-A MRSA §2412-A, sub-§1-A, ¶A, as enacted by PL 2003, c. 452, 
Pt. Q, §85 and affected by Pt. X, §2, is amended by amending subparagraph (5) to read:
(5)  Has failed to answer or to appear in court pursuant to a notice or order specified 
in section 2605 or 2608;.
Sec. A-9.  29-A MRSA §2412-A, sub-§1-A, ¶A, as enacted by PL 2003, c. 452, 
Pt. Q, §85 and affected by Pt. X, §2, is amended by enacting at the end a new first blocked 
paragraph to read:
A violation of this paragraph is a traffic infraction;
Sec. A-10.  29-A MRSA §2412-A, sub-§1-A, as amended by PL 2009, c. 297, §1, 
is further amended by amending the first blocked paragraph to read:
Except for an offense under subsection 8 or as otherwise provided a violation of paragraph 
A, operating while license suspended or revoked is a Class E crime, which is a strict liability 
crime as defined in Title 17‑A, section 34, subsection 4‑A, and is punishable pursuant to 
subsection 3.
Sec. A-11.  29-A MRSA §2412-A, sub-§8, as amended by PL 2009, c. 493, §3, is 
repealed.
Sec. A-12.  29-A MRSA §2417, as enacted by PL 1993, c. 683, Pt. A, §2 and 
affected by Pt. B, §5, is amended to read:
§2417.  Suspended registration
A person commits a Class E offense traffic infraction if that person operates or permits 
another to operate a vehicle when the registration of that vehicle is suspended or revoked.
Sec. A-13.  29-A MRSA §2551-A, sub-§1, ¶A, as amended by PL 2013, c. 381, 
Pt. B, §30, is further amended by amending subparagraph (4) to read:
(4)  Operating after suspension or revocation, in violation of section 2412‑A, 
subsection 1-A, paragraph B, C or D;
Sec. A-14.  29-A MRSA §2551-A, sub-§3, ¶D, as enacted by PL 2009, c. 297, §3, 
is amended to read:
D.  An adjudication for the traffic infraction of operating after suspension under section 
2412‑A, subsection 8 1-A, paragraph A.
PART B
Sec. B-1.  17-A MRSA §4-B, sub-§4, as enacted by PL 1985, c. 282, §3, is amended 
to read:
4.  Evidence obtained pursuant to an unlawful search and seizure shall is not be 
admissible in a civil violation proceeding arising under Title 22, section 2383.
Sec. B-2.  17-A MRSA §4-B, sub-§5 is enacted to read:
5.  A law enforcement officer who has probable cause to believe that a violation of law 
has taken place or is taking place may make application for a search warrant in accordance 
with the applicable Maine Rules of Civil Procedure or Maine Rules of Unified Criminal 
Procedure.
PART C
Sec. C-1.  Effective date. This Act takes effect January 1, 2024.
SUMMARY
Part A amends certain Maine motor vehicle laws in the Maine Revised Statutes, Title 
29-A, limiting the sentence for the crime of manufacturing or reproducing registration 
plates without the consent of the Secretary of State to a fine and changing some crimes to 
traffic infractions.  Crimes reduced to traffic infractions include certain violations of laws 
related to:
1.  Motor vehicle registration certificates and plates and driver's licenses;
2.  Removal of a vehicle without the consent of the owner or person in charge of the 
property where the vehicle is located;
3.  Unlawful ownership or display of a revoked, fictitious or fraudulently altered 
driver's license or identification card;
4.  Unlawful use of a driver's license or an identification card;
5.  Improper use of registration plates; and
6.  Operating a motor vehicle while license or registration is suspended or revoked.
Part B amends the Maine Criminal Code provision governing civil violations to 
explicitly provide that evidence obtained pursuant to an unlawful search and seizure is not 
admissible in any civil violation proceeding, not just those arising from cannabis possession 
by a person under 21 years of age or possession of butyl nitrite or isobutyl nitrite, and to 
permit a law enforcement officer who has probable cause to believe that a violation of the 
law has taken place or is taking place to make application for a search warrant.
Part C establishes an effective date of January 1, 2024.