§10605. Sentencing alternative; habitual violator
236 words·~1 min read·
/me/title-12-conservation/chapter-907-enforcement-procedures/10605·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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).]