2001 Montana Legislature

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HOUSE BILL NO. 256

INTRODUCED BY C. YOUNKIN, NEWMAN

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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."

- END -




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