HOUSE BILL NO. 42
INTRODUCED BY PAVLOVICH B
A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING THAT IF A SECOND DRUNKEN DRIVING OFFENSE IS NOT COMMITTED WITHIN 3 YEARS AFTER THE COMMISSION OF THE FIRST OFFENSE BY A PERSON WHO WAS YOUNGER THAN 24 YEARS OF AGE UPON COMMISSION OF THE FIRST OFFENSE OR WITHIN 5 YEARS AFTER THE COMMISSION OF THE FIRST OFFENSE BY A PERSON WHO WAS 24 YEARS OF AGE OR OLDER UPON COMMISSION OF THE FIRST OFFENSE, ALL RECORDS OF THE FIRST OFFENSE MUST BE EXPUNGED AND THE FIRST OFFENSE MAY NOT BE USED TO DETERMINE WHETHER AN OFFENSE IS A SECOND, THIRD, FOURTH, OR SUBSEQUENT OFFENSE; AMENDING SECTION 61-8-734, MCA; AND PROVIDING AN APPLICABILITY DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 61-8-734, MCA, is amended to read:
"61-8-734. Driving under influence of alcohol or drugs -- driving with excessive alcohol concentration --
conviction defined -- place of imprisonment -- home arrest -- exceptions -- deferral of sentence not allowed. (1)
(a) For the purpose of determining the number of convictions under 61-8-714 or 61-8-722 for a violation of 61-8-401 or
61-8-406, "conviction" means a final conviction, as defined in 45-2-101, in this state; conviction for a violation of a similar
statute or regulation in another state, or on a federally recognized Indian reservation; or a forfeiture of bail or collateral
deposited to secure the defendant's appearance in court in this state, in another state, or on a federally recognized Indian
reservation, which forfeiture has not been vacated.
(b) An Except as provided in subsection (1)(c), an offender is considered to have been previously convicted for the
purposes of sentencing if less than 5 years have elapsed between the commission of the present offense and a previous
conviction, unless the offense is the offender's fourth or subsequent offense, in which case all previous convictions that have
not been expunged pursuant to subsection (1)(c) must be used for sentencing purposes.
(c) If a second offense is not committed within 3 years after the commission of the first offense by a person who was younger than 24 years of age upon the commission of the first offense or within 5 years after the commission of the first offense by a person who was 24 years of age or older upon the commission of the first offense, judicial and law enforcement paper, computer, and other types of records of the first offense must be expunged and the first offense may not be counted in determining whether a second, third, fourth, or subsequent offense has occurred.
(c)(d) A Except as provided in subsection (1)(c), a previous conviction under 61-8-714 or 61-8-722 for violation of
61-8-401 or 61-8-406 may be counted for purposes of determining the number of a subsequent conviction for violation of
either 61-8-401 or 61-8-406.
(2) Except as provided in 61-8-731, the court may order that a term of imprisonment imposed under 61-8-714 or 61-8-722 be served in another facility made available by the county and approved by the sentencing court. The defendant, if financially able, shall bear the expense of the imprisonment in the facility. The court may impose restrictions on the defendant's ability to leave the premises of the facility and require that the defendant follow the rules of that facility. The facility may be, but is not required to be, a community-based prerelease center as provided for in 53-1-203. The prerelease center may accept or reject a defendant referred by the sentencing court.
(3) Subject to the limitations set forth in 61-8-714 and 61-8-722 concerning minimum periods of imprisonment, the court may order that a term of imprisonment imposed under either section be served by imprisonment under home arrest, as provided in Title 46, chapter 18, part 10.
(4) A court may not defer imposition of sentence under 61-8-714, 61-8-722, or 61-8-731.
(5) The provisions of 61-2-107, 61-2-302, 61-5-205(2), and 61-5-208(2), relating to suspension and revocation of driver's licenses and later reinstatement of driving privileges, apply to any conviction under 61-8-714 or 61-8-722 for a violation of 61-8-401 or 61-8-406."
NEW SECTION. Section 2. Applicability. [Section 1] applies to first offenses committed both before and after [the effective date of this act].
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Latest Version of HB 42 (HB0042.01)
Processed for the Web on December 3, 1998 (12:56PM)
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Status of this Bill
| 1999 Session | Leg. Branch HomePrepared by Montana Legislative Services
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