SENATE BILL NO. 186

INTRODUCED BY J. WELLS, D. HARGROVE, M. TAYLOR

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; PROVIDING FOR REVOCATION OF A PERMIT FOR REFUSAL TO TAKE A TEST; 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 probable cause to believe that a person, who is in a room in which alcoholic beverages are sold, dispensed, and consumed under a license issued under Title 16 for the sale of alcoholic beverages for consumption on the premises, is carrying a concealed weapon while under the influence of an alcoholic beverage 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, there is a rebuttable presumption 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, there is a rebuttable presumption that the person was not under the influence of alcohol at the time that the test was administered.

(3) If a person who has a concealed weapon permit refuses the breath test requested under subsection (2), the sheriff shall revoke the person's concealed weapon permit for a period of 6 months, and if the license expires before the end of that 6-month period, a renewal license may not be applied for until the 6-month period expires.

(4) 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 prohibited place -- penalty. (1) A person commits the offense of carrying a concealed weapon in a prohibited place if the person purposely or knowingly carries a concealed weapon in:

(a) portions of a building used for state or local government offices and related areas in the building that have been restricted; or

(b)

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:

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

(ii) 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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