House Bill No. 423
Introduced By krenzler, ryan, gillan, kottel, hurdle
A Bill for an Act entitled: "An Act creating the offense of reckless endangerment of highway workers; doubling the fines for traffic violations in a highway work zone; defining "highway work zone" and "highway worker"; and amending section
61-8-715, MCA."
Be it enacted by the Legislature of the State of Montana:
NEW SECTION. Section 1. Highway worker. "Highway worker" means an employee of the department of transportation, a local authority, a utility company, or a private contractor working in a highway work zone.
NEW SECTION. Section 2. Highway work zone -- NOTICE. (1) "Highway work zone" means an area on a public highway or on the adjacent right-of-way identified by advanced signing where construction, repair, maintenance, or survey work is being performed by the department of transportation, a local authority, a utility company, or a private contractor under contract with the department of transportation or a local authority.
(2) WHEN A HIGHWAY WORK ZONE IS CREATED, THE DEPARTMENT OF TRANSPORTATION, A LOCAL AUTHORITY, A UTILITY COMPANY, OR A PRIVATE CONTRACTOR SHALL POST SIGNS TO GIVE MOTORISTS NOTICE OF THE PROVISIONS OF [SECTIONS 3 AND 4].
NEW SECTION. Section 3. Reckless endangerment of highway workers. A person commits the offense of reckless
endangerment of highway workers if the person drives a motor vehicle in a highway work zone in such a manner as to
endanger persons or property or if the person removes, evades IGNORES, or intentionally strikes a traffic control device in
a highway work zone.
NEW SECTION. Section 4. Violation of a traffic regulation in a highway work zone -- penalty. (1) A person who is convicted of violating any of the provisions of part 3 of this chapter while operating a motor vehicle in a highway work zone shall be punished by double the fine provided for the violation in this part.
(2) A court may not waive, reduce, or suspend the fine imposed by this section.
Section 5. Section 61-8-715, MCA, is amended to read:
"61-8-715. Reckless driving -- reckless endangerment of highway workers -- penalty. (1) A person convicted of
reckless driving under 61-8-301(1)(a) or (1)(c) or convicted of reckless endangerment of highway workers under [section 3]
shall be punished upon a first conviction by imprisonment for a period of not more than 90 days, or by a fine of not less
than $25 or more than $300, or by both such fine and imprisonment,. and on On a second or subsequent conviction the
person shall be punished by imprisonment for not less than 10 days or more than 6 months, or by a fine of not less than $50
or more than $500, or by both such fine and imprisonment.
(2) A person convicted of reckless driving under 61-8-301(1)(b) shall be punished by imprisonment in the county or city
jail for not less than 10 days or more than 6 months to which may be added, at the discretion of the court, a fine of not less
than $300 or more than $500. On a second or subsequent conviction, he the person shall be punished by imprisonment for a
term of not less than 30 days or more than 1 year to which may be added at the discretion of the court a fine of not less than
$500 or more than $1,000."
NEW SECTION. Section 6. Codification instruction. (1) [Section 1] is intended to be codified as an integral part of Title 61, chapter 1, part 3, and the provisions of Title 61, chapter 1, part 3, apply to [section 1].
(2) [Section 2] is intended to be codified as an integral part of Title 61, chapter 1, part 5, and the provisions of Title 61, chapter 1, part 5, apply to [section 2].
(3) [Section 3] is intended to be codified as an integral part of Title 61, chapter 8, part 3, and the provisions of Title 61, chapter 8, part 3, apply to [section 3].
(4) [Section 4] is intended to be codified as an integral part of Title 61, chapter 8, part 7, and the provisions of Title 61, chapter 8, part 7, apply to [section 4].
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