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An Act Regarding Driver's License Suspensions for Criminal Negligence
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 29-A MRSA §2458, sub-§2-A, as amended by PL 2015, c. 13, §1, is further amended to read:
 
2-A. Minimum suspension for negligent operation.   The Secretary of State without preliminary hearing shall suspend for a period of at least 3 years a person's license if the Secretary of State, based on the Secretary of State's records or other sufficient evidence, finds that person to have negligently operated a motor vehicle with criminal negligence in a manner so as to cause the death of another person. Prior to the determination and issuance of the suspension, the Secretary of State shall notify any family of the victim and shall consider written or oral statements received from the family in response to the notice. Upon suspending the person's license, the Secretary of State shall notify that person of an opportunity for hearing as provided in section 2483. If a person whose license is suspended under this subsection requests a hearing, the suspension is stayed pursuant to section 2483. In making a finding under this subsection, the Secretary of State shall apply the definition of "causation" in Title 17-A, section 33. As used in this subsection, "criminal negligence" has the same meaning as in Title 17-A, section 35, subsection 4.
 
SUMMARY
This bill makes the following changes to the laws governing the suspension of a driver's license of a person who negligently operates a motor vehicle in a manner so as to cause the death of another person.
1. It removes the requirement that prior to the suspension, the Secretary of State notify any family of the victim and consider written or oral statements received from the family in response to the notice.
2. It requires the Secretary of State to find that the person whose license is to be suspended operated a motor vehicle with criminal negligence as described in the Maine Criminal Code.
3. It requires the Secretary of State to find that the person whose license is to be suspended caused the death of another person and to base that finding on the definition of "causation" in the Maine Criminal Code.