2017 Montana Legislature

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HOUSE BILL NO. 206

INTRODUCED BY D. ZOLNIKOV

 

A BILL FOR AN ACT ENTITLED: "AN ACT REVISING LAWS REGARDING OPEN CONTAINER LAWS; PROVIDING THAT A PASSENGER MAY HAVE AN OPEN ALCOHOLIC BEVERAGE CONTAINER; AMENDING SECTIONS 61-8-460 AND 61-8-461, MCA; AND PROVIDING AN APPLICABILITY DATE."

 

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

 

     Section 1.  Section 61-8-460, MCA, is amended to read:

     "61-8-460.  Unlawful possession of open alcoholic beverage container in motor vehicle on highway. (1) Except as provided in subsection (2), a person commits the offense of unlawful possession of an open alcoholic beverage container in a motor vehicle if the person knowingly possesses an open alcoholic beverage container within the passenger area of a motor vehicle on a highway.

     (2)  This section does not apply to an open alcoholic beverage container:

     (a)  in a locked glove compartment or storage compartment;

     (b)  in a motor vehicle trunk or luggage compartment or in a truck bed or cargo compartment;

     (c)  behind the last upright seat of a motor vehicle that is not equipped with a trunk;

     (d)  in a closed container in the area of a motor vehicle that is not equipped with a trunk and that is not normally occupied by the driver or a passenger; or

     (e)  in the immediate possession of a passenger:

     (i)  of a motor vehicle, including a bus, taxi, or limousine, that is used for the transportation of persons for compensation and that includes the provision of a hired driver; or

     (ii) in the living quarters of a camper, travel trailer, or motor home.

     (3)  (a) A person convicted of the offense of unlawful possession of an open alcoholic beverage container in a motor vehicle shall be fined an amount not to exceed $100.

     (b)  A violation of this section is not a criminal offense within the meaning of 3-1-317, 3-1-318, 45-2-101, 46-18-236, 61-8-104, and 61-8-711 and may not be recorded or charged against a driver's record, and an insurance company may not hold a violation of this section against the insured or increase premiums because of the violation. The surcharges provided for in 3-1-317, 3-1-318, and 46-18-236 may not be imposed for a violation of this section."

 

     Section 2.  Section 61-8-461, MCA, is amended to read:

     "61-8-461.  Definitions. As used in 61-8-460, the following definitions apply:

     (1)  "Alcoholic beverage" means a compound produced for human consumption as a drink that contains 0.5% or more of alcohol by volume.

     (2)  "Bus" means a motor vehicle with a manufacturer's rated seating capacity of 11 or more passengers, including the driver.

     (3)  "Camper" has the meaning provided in 61-1-101.

     (4)(2)  "Highway" has the meaning provided in 61-1-101, including the shoulders of the highway.

     (5)  "Motor home" has the meaning provided in 61-1-101.

     (6)(3)  "Motor vehicle" has the meaning provided in 61-1-101.

     (7)(4)  "Open alcoholic beverage container" means a bottle, can, jar, or other receptacle that contains any amount of an alcoholic beverage and that is open or has a broken seal or the contents of which are partially removed.

     (8)(5)  "Passenger area" means the area designed to seat the driver and passengers while a motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while the driver or a passenger is seated in the vehicle, including an unlocked glove compartment."

 

     NEW SECTION.  Section 3.  Applicability. [This act] applies to violations committed on or after [the effective date of this act].

- END -

 


Latest Version of HB 206 (HB0206.01)
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