2007 Montana Legislature

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HOUSE BILL NO. 494

INTRODUCED BY P. MORGAN

 

A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING FOR AN ADDITIONAL SENTENCE FOR AN INDIVIDUAL CONVICTED OF A FORCIBLE FELONY AGAINST A PREGNANT WOMAN; AND PROVIDING FOR THE OFFENSE OF ASSAULT ON A PREGNANT WOMAN."

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

 

     NEW SECTION.  Section 1.  Additional sentence for forcible felony against pregnant woman. (1) An offender who is convicted of committing a forcible felony, as defined in 45-2-101, against a pregnant woman shall, in addition to the punishment provided for commission of the offense, be sentenced to a term of imprisonment in a state prison of not more than 30 years, except as provided in 46-18-222.

     (2) An additional sentence imposed pursuant to this section must be imposed pursuant to the requirements of 46-1-401 and must run consecutively to the sentence imposed for the offense, except as provided in 46-18-222.

 

     NEW SECTION.  Section 2.  Assault on pregnant woman. (1) A person commits the offense of assault on a pregnant woman if the person commits an offense under 45-5-201 and at the time of the offense, the woman was pregnant.

     (2) A person convicted of assault on a pregnant woman shall be imprisoned in a state prison for a term not to exceed 10 years and be fined not more than $50,000.

 

     NEW SECTION.  Section 3.  Codification instruction. (1) [Section 1] is intended to be codified as an integral part of Title 46, chapter 18, part 2, and the provisions of Title 46, chapter 18, part 2, apply to [section 1].

     (2) [Section 2] is intended to be codified as an integral part of Title 45, chapter 5, part 2, and the provisions of Title 45, chapter 5, part 2, apply to [section 2].

- END -

 


Latest Version of HB 494 (HB0494.01)
Processed for the Web on January 29, 2007 (3:36pm)

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