HOUSE BILL NO. 256
INTRODUCED BY C. YOUNKIN, NEWMAN
AN ACT INCREASING THE PENALTY FOR THE OFFENSE OF CARELESS OR RECKLESS DRIVING RESULTING IN THE DEATH OR SERIOUS BODILY INJURY OF ANOTHER PERSON; AND AMENDING SECTIONS 61-8-301, 61-8-302, 61-8-715, AND 61-8-716, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 61-8-301, MCA, is amended to read:
"61-8-301. Reckless driving. (1) A person commits the offense of
reckless driving if he the person:
(a) operates any a vehicle in willful or wanton disregard for the safety of
persons or property;
(b) operates any a vehicle in willful or wanton disregard for the safety of
persons or property while fleeing or attempting to flee from or elude a peace
officer who is lawfully in pursuit and whose vehicle is at the time in
compliance with the requirements of 61-9-402; or
(c) operates any a vehicle in willful or wanton disregard for the safety of
persons or property while passing, in either direction, a school bus which that
has stopped and is displaying the visual flashing red signal, as provided in
61-8-351 and 61-9-402. This subsection (1)(c) does not apply to situations
described in 61-8-351(5).
(2) Each municipality in this state may enact and enforce 61-8-715 and subsection (1) of this section as an ordinance.
(3) A person who is convicted of the offense of reckless driving is subject to the penalties provided in 61-8-715."
Section 2. Section 61-8-302, MCA, is amended to read:
"61-8-302. Careless driving. (1) A person operating or driving a vehicle
of any character on a public highway of this state shall drive it in a careful and
prudent manner so as that does not to unduly or unreasonably endanger the
life, limb, property, or other rights of a person entitled to the use of the street
or highway.
(2) A person who is convicted of the offense of careless driving is subject to the penalties provided in 61-8-711 or 61-8-716."
Section 3. Section 61-8-715, MCA, is amended to read:
"61-8-715. Reckless driving -- reckless endangerment of highway
workers -- penalty. (1) A Except as provided in subsection (3), a person
convicted of reckless driving under 61-8-301(1)(a) or (1)(c) or convicted of
reckless endangerment of highway workers under 61-8-315 shall be punished
upon a first conviction by imprisonment for a period term of not more than 90
days, by a fine of not less than $25 or more than $300, or by both. On a
second or subsequent conviction, the person shall be punished by
imprisonment for a term of not less than 10 days or more than 6 months, by a
fine of not less than $50 or more than $500, or by both.
(2) A Except as provided in subsection (3), a person convicted of reckless
driving under 61-8-301(1)(b) shall be punished by imprisonment in the county
or city jail for a term of 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, 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.
(3) A person who is convicted of reckless driving under 61-8-301 and whose offense results in the death or serious bodily injury of another person shall be punished by a fine in an amount not exceeding $10,000, by incarceration for a term not to exceed 1 year, or both. Section 61-8-351(6) does not apply to a prosecution under 61-8-301(1)(c) that is punishable under this subsection."
Section 4. Section 61-8-716, MCA, is amended to read:
"61-8-716. Careless driving -- penalty. (1) A person violating who
violates the provisions of 61-8-302 is guilty of the offense of careless driving
and, except as provided in subsection (2), is shall be punishable as provided
in 61-8-711.
(2) A person whose violation of the provisions of 61-8-302 results in the death or serious bodily injury of another person shall be punished by a fine in an amount not exceeding $5,000, by incarceration for a term not to exceed 6 months, or both."
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Latest Version of HB 256 (HB0256.ENR)
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