HOUSE BILL NO. 279
INTRODUCED BY J. HURDLE
A BILL FOR AN ACT ENTITLED: "AN ACT REMOVING THE DEATH SENTENCE AS A POSSIBLE SENTENCE FOR A PERSON CONVICTED TWICE OF SEXUAL INTERCOURSE WITHOUT CONSENT WHO INFLICTED SERIOUS BODILY INJURY ON A PERSON DURING THE COMMISSION OF EACH OFFENSE; REQUIRING CERTAIN TREATMENT FOR PERSONS CONVICTED OF SEXUAL INTERCOURSE WITHOUT CONSENT; AMENDING SECTION 45-5-503, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND AN APPLICABILITY DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 45-5-503, MCA, is amended to read:
"45-5-503. Sexual intercourse without consent. (1) A person who knowingly has sexual intercourse without consent with another person commits the offense of sexual intercourse without consent. A person may not be convicted under this section based on the age of the person's spouse, as provided in 45-5-501(1)(b)(iii).
(2) A person convicted of sexual intercourse without consent shall be punished by life imprisonment or by imprisonment in the state prison for a term of not less than 2 years or more than 100 years and may be fined not more than $50,000, except as provided in 46-18-219 and 46-18-222.
(3) (a) If the victim is less than 16 years old and the offender is 3 or more years older than the victim or if the offender inflicts bodily injury upon anyone in the course of committing sexual intercourse without consent, the offender shall be punished by life imprisonment or by imprisonment in the state prison for a term of not less than 4 years or more than 100 years and may be fined not more than $50,000, except as provided in 46-18-219 and 46-18-222.
(b) If two or more persons are convicted of sexual intercourse without consent with the same victim in an incident in which each offender was present at the location where another offender's offense occurred during a time period in which each offender could have reasonably known of the other's offense, each offender shall be punished by life imprisonment or by imprisonment in the state prison for a term of not less than 5 years or more than 100 years and may be fined not more than $50,000, except as provided in 46-18-219 and 46-18-222.
(c) If the offender was previously convicted of an offense under this section or of an offense under the laws of another
state or of the United States that if committed in this state would be an offense under this section and if the offender
inflicted serious bodily injury upon a person in the course of committing each offense, the offender shall be:
(i) punished by death as provided in 46-18-301 through 46-18-310; or
(ii) punished as provided in 46-18-219.
(4) (a) In addition to any sentence imposed under subsection (2) or (3), after determining the financial resources and future ability of the offender to pay restitution as required by 46-18-242, the court shall require the offender, if able, to pay the victim's reasonable medical and counseling costs that result from the offense. The amount, method, and time of payment must be determined in the same manner as provided for in 46-18-244.
(b) If a person convicted under subsection (2), (3)(a), or (3)(b) is released on parole, the person shall enroll in an approved community-based sex offender outpatient treatment program for a period not to exceed 2 years.
(c) The sentencing court shall order a person convicted under subsection (2) or (3) to undergo an independent psychological examination to determine an appropriate treatment program. The psychological examination must include an evaluation of issues relating to:
(i) control and power;
(ii) domestic abuse; and
(iii) anger management.
(d) The sentencing court shall order a person convicted under subsection (2) or (3) to undergo an alcohol or drug abuse evaluation by a certified chemical dependency counselor based on the results of the examination under subsection (4)(c).
(5) As used in subsection (3), an act "in the course of committing sexual intercourse without consent" includes an attempt to commit the offense or flight after the attempt or commission."
NEW SECTION. Section 2. Saving clause. [This act] does not affect rights and duties that matured, penalties that were incurred, or proceedings that were begun before [the effective date of this act].
NEW SECTION. Section 3. Effective date. [This act] is effective on passage and approval.
NEW SECTION. Section 4. Applicability. [This act] applies to sentences imposed after [the effective date of this act].
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Latest Version of HB 279 (HB0279.01)
Processed for the Web on January 14, 1999 (5:35PM)
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Status of this Bill
| 1999 Session | Leg. Branch HomePrepared by Montana Legislative Services
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