House Bill No. 65

Introduced By menahan

A Bill for an Act entitled: An Act increasing the penalty for negligent vehicular assault that results in serious bodily injury to another; and amending section

45-5-205, MCA.

Be it enacted by the Legislature of the State of Montana:

Section 1.  Section 45-5-205, MCA, is amended to read:

"45-5-205.   Negligent vehicular assault -- penalty. (1) If a A person who negligently operates a motor vehicle in a negligent manner and he is driving while under the influence of alcohol, a dangerous drug, any other drug, or any combination of the three, as provided for in 61-8-401(1), and his conduct is the cause of who causes bodily injury to another, he commits the offense of negligent vehicular assault.

(2)  A Subject to subsection (3), a person convicted of the offense of negligent vehicular assault shall be fined an amount not to exceed $1,000 or shall be imprisoned in the county jail for a term not to exceed 1 year, or both, and shall be ordered to pay restitution as provided in 46-18-241.

(3) (a) A person convicted of the offense of negligent vehicular assault who caused serious bodily injury to another shall be fined an amount not to exceed $10,000 or shall be incarcerated for a term not to exceed 5 years, or both, and shall be ordered to pay restitution as provided in 46-18-241.

(b) If a term of incarceration is imposed, the judge may suspend the term of incarceration upon the condition of payment of any fine imposed and of restitution. If the person does not pay the fine or restitution, the term of incarceration may be imposed."

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