Sentencing alternative; habitual violator

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§10605. Sentencing alternative; habitual violator

1.  Habitual violator defined.  For purposes of this section, "habitual violator" means a person whose record, as maintained by the department, shows that:  

A. The person has been convicted of 3 or more criminal violations under this Part within the previous 5-year period, except that, whenever more than one criminal violation is committed at the same time, multiple convictions are deemed to be one offense; or   [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §64 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]

B. The person has been adjudicated as having committed 3 or more civil violations under this Part and convicted of 2 or more Class E crimes as a result of such prior adjudications within the previous 5-year period.   [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §64 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]

[PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §64 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]

2.  Sentencing alternative for habitual violators.  When an habitual violator is convicted of a crime in this Part the court shall impose a sentencing alternative involving not less than 3 days imprisonment, none of which may be suspended, and a fine of not less than $500, none of which may be suspended.  

[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

SECTION HISTORY

PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2003, c. 655, §B64 (AMD). PL 2003, c. 655, §B422 (AFF).


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