§2464. Causing serious bodily injury or death while license is suspended or revoked








1. Accident involving injury; penalty. 
A person who, while knowingly operating with a suspended or revoked license, in
fact causes serious bodily injury as defined in Title 17-A, section 2, subsection
23 to another person commits a Class C crime.


[
2005, c. 606, Pt. A, §5 (NEW)
.]








2. Accident involving death; penalty. 
A person who, while knowingly operating with a suspended or revoked license, in
fact causes the death of another person commits a Class B crime.


[
2005, c. 606, Pt. A, §5 (NEW)
.]








3. Pleading and proof. 
The State must prove that the defendant's operation of the motor vehicle caused
the serious bodily injury under subsection 1 or death under subsection 2. The court
shall apply Title 17-A, section 33 in assessing any causation under this section.


[
2005, c. 606, Pt. A, §5 (NEW)
.]








4. License suspension. 
Upon receipt of notice of conviction, the Secretary of State shall immediately suspend
the license of a person who violates subsection 1 or 2. Notwithstanding any provision
of law that imposes a period of license suspension shorter than that specified in
this subsection, a person who violates this section is subject to the following period
of license suspension:





A. For a violation of subsection 1, 5 years; and [2005, c. 606, Pt. A, §5 (NEW).]










B. For a violation of subsection 2, 10 years. [2005, c. 606, Pt. A, §5 (NEW).]







The period of suspension imposed pursuant to this subsection is consecutive to any
suspension previously imposed by the Secretary of State or the court pursuant to this
chapter.


[
2005, c. 606, Pt. A, §5 (NEW)
.]





SECTION HISTORY

2005, c. 606, §A5 (NEW).