SENATE BILL NO. 188

INTRODUCED BY T. BECK

A BILL FOR AN ACT ENTITLED: "AN ACT CLARIFYING THAT CERTAIN CRIMINAL OFFENSES APPLY TO CRIMES COMMITTED WHILE IN OFFICIAL DETENTION AND ARE NOT LIMITED TO CRIMES COMMITTED IN THE STATE PRISON; AND AMENDING SECTIONS 46-18-220 AND 46-18-303, MCA."

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

Section 1. Section 46-18-220, MCA, is amended to read:

"46-18-220. Sentences for certain offenses committed in official detention -- death penalty. A person convicted of having committed the offense of attempted deliberate homicide, aggravated assault, or aggravated kidnapping while in official detention, as defined in 45-2-101, shall be sentenced to death or life imprisonment as provided in 46-18-301 through 46-18-310."

Section 2. Section 46-18-303, MCA, is amended to read:

"46-18-303. Aggravating circumstances. Aggravating circumstances are any of the following:

(1) (a) The offense was deliberate homicide and was committed:

(i) by a person while in official detention, as defined in 45-2-101;

(ii) by a person who had been previously convicted of another deliberate homicide;

(iii) by means of torture;

(iv) by a person lying in wait or ambush;

(v) as a part of a scheme or operation that, if completed, would result in the death of more than one person; or

(vi) by a person during the course of committing sexual assault, sexual intercourse without consent, deviate sexual conduct, or incest, and the victim was under 18 years of age.

(b) The offense was deliberate homicide, as defined in 45-5-102 (1)(a), and the victim was a peace officer killed while performing the officer's duty.

(2) The offense was aggravated kidnapping that resulted in the death of the victim or the death by direct action of the defendant of a person who rescued or attempted to rescue the victim.

(3) The offense was attempted deliberate homicide, aggravated assault, or aggravated kidnapping committed while in official detention, as defined in 45-2-101, by a person who has been previously:

(a) convicted of the offense of deliberate homicide; or

(b) found to be a persistent felony offender pursuant to part 5 of this chapter and one of the convictions was for an offense against the person in violation of Title 45, chapter 5, for which the minimum prison term is not less than 2 years.

(4) The offense was sexual intercourse without consent , the defendant has a previous conviction of sexual intercourse without consent in this state or of an offense under the laws of another state or of the United States that if committed in this state would be the offense of sexual intercourse without consent, and the defendant inflicted serious bodily injury upon a person in the course of committing each offense."

- END -