SENATE BILL NO. 186

INTRODUCED BY J. WELLS

A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING FOR BREATH TESTS FOR PERSONS SUSPECTED OF CARRYING A CONCEALED WEAPON WHILE UNDER THE INFLUENCE OF ALCOHOL; REGULATING TEST ADMINISTRATION AND USE; REVISING THE PLACES INSIDE OF WHICH A CONCEALED WEAPON MAY NOT BE CARRIED; AND AMENDING SECTIONS 45-8-327 AND 45-8-328, MCA."

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

Section 1. Section 45-8-327, MCA, is amended to read:

"45-8-327. Carrying concealed weapon while under the influence -- penalty. (1) A person commits the offense of carrying a concealed weapon while under the influence if the person purposely or knowingly carries a concealed weapon while under the influence of an intoxicating substance. It is not a defense that the person had a valid permit to carry a concealed weapon.

(2) A peace officer who has been certified under 61-8-404 to give breath tests and who has reasonable grounds to believe that a person is carrying a concealed weapon while under the influence of an intoxicating substance may request the person to take a breath test using equipment approved by the department of justice for the giving of breath tests under Title 61, chapter 8, part 4. Upon request of a tested person, full information concerning a test must be made available to the person or the person's attorney. The facts regarding a test and the results of the test are admissible in evidence in a prosecution for violation of this section. If the results of a test show that at the time that the test was administered there was an alcohol concentration in the person of 0.04 or more, it may be inferred that the person was under the influence of alcohol at the time that the test was administered. If the results of a test show that at the time that the test was administered there was an alcohol concentration in the person of less than 0.04, it may be inferred that the person was not under the influence of alcohol at the time that the test was administered. Either inference is rebuttable by other evidence.

(3) A person convicted of the offense established in subsection (1) shall be imprisoned in the county jail for a term not to exceed 6 months or fined an amount not to exceed $500, or both."

Section 2. Section 45-8-328, MCA, is amended to read:

"45-8-328. Carrying concealed weapon in financial institution -- penalty. (1) A person commits the offense of carrying a concealed weapon in a financial institution if the person purposely or knowingly carries a concealed weapon in

a bank, credit union, savings and loan institution, or similar institution

during the institution's normal business hours. It is not an offense under this section to carry a concealed weapon while:

(a) using an institution's drive-up window, automatic teller machine, or unstaffed night depository; or

(b) at or near a branch office of an institution in a mall, grocery store, or other place unless the person is inside the enclosure used for the institution's financial services or is using the institution's financial services.

(2) It is not a defense that the person had a valid permit to carry a concealed weapon. A person convicted of the offense established in subsection (1) shall be imprisoned in the county jail for a term not to exceed 6 months or fined an amount not to exceed $500, or both."

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