SENATE BILL NO. 158
INTRODUCED BY GLASER, R. CLARK, HALLIGAN, HARGROVE
A BILL
FOR AN
ACT
ENTITLED: "AN ACT
PROVIDING THAT
THE
OFFENSE
OF
CRIMINAL
POSSESSION OF A
DANGEROUS
DRUG
INCLUDES
INGESTING A
DANGEROUS
DRUG;
PROVIDING THAT
IT IS
ILLEGAL
TO DRIVE
WITH
ANY
AMOUNT
OF AN
ILLEGALLY
POSSESSED
DANGEROUS
DRUG IN
THE
BODY
AND
PROVIDING
PENALTIES FOR
THE
OFFENSE;
PROVIDING THAT A
POSITIVE
DRUG
TEST
MAY BE
USED TO
PROVE
THE
DRIVING
OFFENSE;
AND
AMENDING
SECTIONS
45-9-102,
61-5-205,
61-5-208,
61-8-404,
61-8-406,
AND
61-11-203,
MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section
1. Section
45-9-102,
MCA, is
amended to
read:
"45-9-102. Criminal
possession
of
dangerous
drugs. (1)
A person
commits
the offense
of criminal
possession
of
dangerous
drugs if he
the person
possesses,
inhales,
injects,
swallows,
or
otherwise
ingests any
a dangerous
drug, as
defined in
50-32-101.
(2) A
person
convicted
of criminal
possession
of
marijuana
or its
derivatives
in an
amount the
aggregate
weight of
which does
not exceed
60 grams of
marijuana
or 1 gram
of hashish
is, for the
first
offense,
guilty of a
misdemeanor and shall
be
punished
by a fine of
not less
than $100
or more
than $500
and by
imprisonment in the
county jail
for not
more than 6
months.
The
minimum
fine must
be imposed
as a
condition
of a
suspended
or deferred
sentence. A
person
convicted
of a second
or
subsequent
offense
under this
subsection
is
punishable
by a fine
not to
exceed
$1,000 or
imprisonment in the
county jail
for a term
not to
exceed 1
year or in
the state
prison for a
term not to
exceed 3
years, or
both such
fine and
imprisonment.
(3) A
person
convicted
of criminal
possession
of an
anabolic
steroid as
listed in
50-32-226
is, for the
first
offense,
guilty of a
misdemeanor and shall
be
punished
by a fine of
not less
than $100
or more
than $500
or by
imprisonment in the
county jail
for not
more than 6
months, or
both.
(4) A
person
convicted
of criminal
possession
of an
opiate, as
defined in
50-32-101(19), shall
be
imprisoned
in the state
prison for a
term of not
less than 2
years or
more than 5
years and
may be
fined not
more than
$50,000,
except as
provided in
46-18-222.
(5) A
person
convicted
of criminal
possession
of
dangerous
drugs not
otherwise
provided
for in
subsection
(2), (3), or
(4) shall be
imprisoned
in the state
prison for a
term not to
exceed 5
years or be
fined an
amount not
to exceed
$50,000, or
both.
(6) A
person of
the age of
21 years or
under
convicted
of a first
violation
under this
section is
presumed
to be
entitled to a
deferred
imposition
of sentence
of
imprisonment.
(7) Ultimate users
and
practitioners and
agents
under their
supervision
acting in
the course
of a
professional practice,
as defined
by
50-32-101,
are exempt
from this
section."
Section 1. Section 61-5-205, MCA, is amended to read:
"61-5-205. Mandatory
revocation
of license
upon
proper
authority.
The
department
upon
proper
authority
shall
revoke the
driver's
license or
the
operating
privilege of
any a driver
upon
receiving a
record of
the driver's
conviction
or
forfeiture
of bail not
vacated of
any of the
following
offenses,
when the
conviction
or
forfeiture
has become
final:
(1) negligent homicide resulting from the operation of a motor vehicle;
(2) driving a motor
vehicle
while under
the
influence
of alcohol
or any drug
or a
combination of alcohol
or drugs,
except as
provided in
61-5-208,
or
operation
of a motor
vehicle by
a person
with a
blood an
alcohol
concentration of 0.10
or more or
with any
amount of a
dangerous
drug, as
defined in
50-32-101,
which is
illegally
possessed,
in the
person's
body;
(3) any felony in the commission of which a motor vehicle is used;
(4) failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another;
(5) perjury or the making of a false affidavit or statement under oath to the department under this chapter or under any other law relating to the ownership or operation of motor vehicles;
(6) conviction or forfeiture of bail not vacated upon three charges of reckless driving committed within a period of 12 months; or
(7) negligent vehicular assault as defined in 45-5-205."
Section 2. Section 61-5-208, MCA, is amended to read:
"61-5-208. Period of suspension or revocation. (1) The department may not suspend or revoke a driver's license or privilege to drive a motor vehicle on the public highways for a period of more than 1 year, except as otherwise permitted by law.
(2) A
person
whose
license or
privilege to
drive a
motor
vehicle on
the public
highways
has been
suspended
or revoked
may not
have the
license,
endorsement, or
privilege
renewed or
restored
unless the
revocation
was for a
cause
which that
has been
removed.
After the
expiration
of the
period of
the
revocation
or
suspension,
the person
may make
application
for a new
license or
endorsement as
provided by
law but the
department
may not
issue a new
license or
endorsement unless
and until it
is satisfied,
after
investigation of the
driving
ability of
the person
and upon a
showing by
its records
or other
sufficient
evidence,
that the
person is
eligible to
be licensed
to drive in
Montana.
When any a
person is
convicted
or forfeits
bail or
collateral
not vacated
for the
offense of
operating
or being in
actual
physical
control of a
motor
vehicle
while under
the
influence
of alcohol
or any drug
or a
combination of alcohol
or drugs or
for the
offense of
operation
of a motor
vehicle by
a person
with
alcohol
concentration of 0.10
or more or
with any
amount of a
dangerous
drug, as
defined in
50-32-101,
which is
illegally
possessed,
in the
person's
body, the
department
shall, upon
receiving a
report of
conviction
or
forfeiture
of bail or
collateral
not
vacated,
suspend the
driver's
license or
driving
privilege of
the person
for a period
of 6
months.
Upon
receiving a
report of a
conviction
or
forfeiture
of bail or
collateral
for a
second,
third, or
subsequent
offense
within 5
years of the
first
offense, the
department
shall
revoke the
license or
driving
privilege of
the person
for a period
of 1 year,
except that
if the
1-year
period
passes and
the person
has not
completed
an alcohol
information
course,
treatment,
or both, as
ordered by
the
sentencing
court, the
license
revocation
remains in
effect until
the course,
treatment,
or both, are
completed.
(3) (a) If a person pays the reinstatement fee required in 61-2-107 and provides the department proof of compliance with any ignition interlock restriction imposed under 61-8-442, the department shall stay the license suspension or revocation of a person who has been convicted of a violation of 61-8-401 or 61-8-406 and return the person's driver's license. The stay must remain in effect until the period of suspension or revocation has expired and any required alcohol information course, treatment, or both, have been completed.
(b) If
the
department
receives
notice from
a court,
peace
officer, or
ignition
interlock
vendor that
the person
has
violated the
ignition
interlock
restriction
by,
including
but not
limited to,
operating a
motor
vehicle not
equipped
with the
device,
tampering
with the
device, or
removing
the device
before the
period of
restriction
has
expired, the
department
shall lift the
stay and
reinstate
the license
suspension
or
revocation
for the
remainder
of the time
period. The
department
may not
issue a
probationary driver's
license to a
person
whose
license
suspension
or
revocation
has been
reinstated
due to
because of
violation of
an ignition
interlock
restriction.
(4) The period for all revocations made mandatory by 61-5-205 is 1 year except as provided in subsection (2).
(5) The
period of
revocation
for any a
person
convicted
of any
offense
which that
makes
mandatory
the
revocation
of the
driver's
license
commences
from the
date of
conviction
or
forfeiture
of bail.
(6) If a person is convicted of a violation of 61-8-401 or 61-8-406 while operating a commercial motor vehicle, the department shall suspend the person's driver's license as provided in 61-8-811 and subsection (2) of this section."
Section 3. Section 61-8-404, MCA, is amended to read:
"61-8-404. Evidence admissible -- conditions of admissibility. (1) Upon the trial of a criminal action or other proceeding arising out of acts alleged to have been committed by a person in violation of 61-8-401, 61-8-406, 61-8-410, or 61-8-805:
(a) evidence of any measured amount or detected presence of alcohol, drugs, or a combination of alcohol and drugs in the person at the time of the act alleged, as shown by an analysis of the person's blood or breath, is admissible. A positive test result does not, in itself, prove that the person was under the influence of a drug or drugs at the time the person was in control of a motor vehicle, as provided in 61-8-401, but a positive test may be used to prove a violation of 61-8-406. A person may not be convicted of a violation of 61-8-401 based upon the presence of a drug or drugs in the person unless some other competent evidence exists that tends to establish that the person was under the influence of a drug or drugs while driving or in actual physical control of a motor vehicle within this state.
(b) a report of the facts and results of one or more tests of a person's blood or breath is admissible in evidence if:
(i) a breath test or preliminary alcohol screening test was performed by a person certified by the division of forensic sciences of the department to administer the test;
(ii) a blood sample was analyzed in a laboratory operated or certified by the department or in a laboratory exempt from certification under the rules of the department and the blood was withdrawn from the person by a person competent to do so under 61-8-405(1);
(c) a report of the facts and results of a physical, psychomotor, or physiological assessment of a person is admissible in evidence if it was made by a person trained by the department or by a person who has received training recognized by the department.
(2) If the person under arrest refused to submit to one or more tests as provided in this section, proof of refusal is admissible in any criminal action or proceeding arising out of acts alleged to have been committed while the person was driving or in actual physical control of a vehicle upon the ways of this state open to the public, while under the influence of alcohol, drugs, or a combination of alcohol and drugs.
(3) The provisions of this part do not limit the introduction of any other competent evidence bearing on the question of whether the person was under the influence of alcohol, drugs, or a combination of alcohol and drugs."
Section 4. Section 61-8-406, MCA, is amended to read:
"61-8-406. Operation of
vehicle by
a person
with
alcohol
concentration of 0.10
or more or
with any
amount of
an illegally
possessed
dangerous
drug in
person's
body. (1)
It is
unlawful
and
punishable
as provided
in
61-8-442,
61-8-722,
61-8-723,
and
61-8-731
through
61-8-734
for any a
person to
drive or be
in actual
physical
control of a
vehicle
upon the
ways of
this state
open to the
public
while:
(a) the
person's
alcohol
concentration, as
shown by
analysis of
the person's
blood, or
breath, or
urine, is
0.10 or
more; or
(b) there
is any
amount of a
dangerous
drug, as
defined in
50-32-101,
which is
illegally
possessed,
in the
person's
body, as
shown by
an analysis
of the
person's
blood or
urine.
(2) Absolute liability as provided in 45-2-104 will be imposed for a violation of this section."
Section 5. Section 61-11-203, MCA, is amended to read:
"61-11-203. Definitions. As used in this part, the following definitions apply:
(1) "Conviction"
means a
finding of
guilt by
duly
constituted
a judicial
authority, a
plea of
guilty, or a
forfeiture
of bail,
bond, or
other
security
deposited
to secure
appearance
by a person
charged
with having
committed
any offense
relating to
the use or
operation
of a motor
vehicle
which that
is
prohibited
by law,
ordinance,
or
administrative order.
(2) "Habitual
traffic
offender"
means any
a person
who within
a 3-year
period
accumulates 30 or
more
conviction
points
according
to the
schedule
specified in
this
subsection:
(a) deliberate homicide resulting from the operation of a motor vehicle, 15 points;
(b) mitigated deliberate homicide, negligent homicide resulting from operation of a motor vehicle, or negligent vehicular assault, 12 points;
(c) any offense punishable as a felony under the motor vehicle laws of Montana or any felony in the commission of which a motor vehicle is used, 12 points;
(d) driving while under the influence of intoxicating liquor or narcotics or drugs of any kind or operation of a motor vehicle by a person with alcohol concentration of 0.10 or more or with any amount of a dangerous drug, as defined in 50-32-101, which is illegally possessed, in the person's body, 10 points;
(e) operating a motor vehicle while the license to do so has been suspended or revoked, 6 points;
(f) failure of the driver of a motor vehicle involved in an accident resulting in death or injury to any person to stop at the scene of the accident and give the required information and assistance, as defined in 61-7-105, 8 points;
(g) willful failure of the driver involved in an accident resulting in property damage of $250 to stop at the scene of the accident and give the required information or failure to otherwise report an accident in violation of the law, 4 points;
(h) reckless driving, 5 points;
(i) illegal drag racing or engaging in a speed contest in violation of the law, 5 points;
(j) any of the mandatory motor vehicle liability protection offenses under 61-6-301 and 61-6-302, 5 points;
(k) operating a motor vehicle without a license to do so, 2 points (this subsection (2)(k) does not apply to operating a motor vehicle within a period of 180 days from the date on which the license expired);
(l) speeding, 3 points;
(m) all other moving violations, 2 points.
(3) There may not be multiple application of cumulative points when two or more charges are filed involving a single occurrence. If there are two or more convictions involving a single occurrence, only the number of points for the specific conviction carrying the highest points is chargeable against that defendant.
(4) "License" means any type of license or permit to operate a motor vehicle."
- END -
Latest
Version of
SB 158
(SB0158.02)
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January 18,
1999
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