1999 Montana Legislature

About Bill -- Links

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)
Processed for the Web on January 18, 1999 (9:55AM)

New language in a bill appears underlined, deleted material appears stricken.

Sponsor names are handwritten on introduced bills, hence do not appear on the bill until it is reprinted. See the status of this bill for the bill's primary sponsor.

Status of this Bill | 1999 Legislature | Leg. Branch Home
This bill in WP 5.1 | All versions of all bills in WP 5.1

Prepared by Montana Legislative Services
(406)444-3064