HOUSE BILL NO. 605

INTRODUCED BY S. KITZENBERG

A BILL FOR AN ACT ENTITLED: "AN ACT PROHIBITING THE DEPARTMENT OF JUSTICE FROM MAINTAINING MINOR TRAFFIC OFFENSES ON A PERSON'S DRIVING RECORD BEYOND 1 YEAR; AND AMENDING SECTIONS 61-11-102 AND 61-11-105, MCA."

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

Section 1. Section 61-11-102, MCA, is amended to read:

"61-11-102. Records to be kept by department. (1) As used in this section, "minor traffic offense" means a violation of Title 61, chapter 8, that is classified as a misdemeanor. The term does not include a violation of Title 61, chapter 8, part 4.

(2) The department shall file every application for a driver's license received by it and shall maintain suitable indexes containing, in alphabetical order:

(a) all applications denied and on each application the reasons for the denial;

(b) all applications granted; and

(c) the name of every licensee whose license has been suspended or revoked by the department and after each name the reasons for the action.

(3) (a) The department shall also file all accident reports and abstracts of court records of convictions received by it under the laws of this state and maintain convenient records or make suitable notations in order that an individual record of each licensee showing the convictions of the licensee and certain traffic accidents in which the licensee has been involved be readily ascertainable and available for the consideration of the department upon any application for renewal of license and at other suitable times. A record of involvement in a traffic accident may not be entered on a licensee's record unless the licensee was convicted, as defined in 61-11-203, for an act causally related to the accident.

(b) The department may not maintain a licensee's conviction for a minor traffic offense on the licensee's record beyond 1 year from the date of conviction.

(4) The department is further authorized, upon receiving a record of the conviction in this state of a nonresident driver of a motor vehicle of any offense under the motor vehicle laws of this state, to forward a certified copy of the record to the motor vehicle administrator in the state where the person convicted is a resident.

(5) The department may photograph, microphotograph, photostat, or reproduce on film any of its records. The film or reproducing material must be durable, and the device used to reproduce the records on the film or material must accurately reproduce and perpetuate the original records. A photograph, microphotograph, photostatic copy, or photographic film of the original record is an original record for all purposes and is admissible in evidence in all courts or administrative agencies. A facsimile, exemplification, or certified copy of the original record is a transcript of the original for purposes stated in this section.

(6) The department may place on a computer storage device the information contained on original records or reproductions of original records made pursuant to this section. Signatures on records need not be placed on a computer storage device.

(7) A reproduction of the information placed on a computer storage device is an original of the record for all purposes and is admissible in evidence without further foundation in all courts or administrative agencies when the following certification by a custodian of the record appears on each page:

The individual named below, being a duly designated custodian of the driver records of the department of justice, motor vehicle division, certifies this document as a true reproduction, in accordance with 61-11-102(7), of the information contained in a computer storage device of the department of justice, motor vehicle division.

Signed: .....

(Print Full Name)"

Section 2. Section 61-11-105, MCA, is amended to read:

"61-11-105. Release of information -- fees. (1) Except as provided in subsection (2), the department shall, upon request and with the licensee's approval, furnish a person the individual Montana driving record of a licensee, showing the following:

(a) licensee identification data, which may not include the individual's residence address, or information provided through means of an electronic tracking device;

(b) driver's license status and expiration date;

(c) convictions of the licensee; and

(d) traffic accidents in which the licensee was involved.

(2) Information relating to a traffic accident that did not involve a conviction, as defined in 61-11-203, may not be released by the department unless the release is requested or approved by a party involved in the accident or is required by court order or a duly executed subpoena. The department shall, upon request, furnish a criminal justice agency or any person or firm having a legitimate purpose as determined by the department with the individual Montana driving record of a licensee showing the items listed in subsections (1)(a) through (1)(d).

(3) A fee of $4 must be paid for each individual Montana driving record requested. A fee of $10 must be paid if a certified Montana record, as provided in 61-11-102(7), is requested. All driving records must be provided without charge to any criminal justice agency, as defined in 44-5-103, or other state or federal agency."

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