House Bill No. 423

Introduced By _______________________________________________________________________________

A Bill for an Act entitled: "An Act creating the offense of reckless endangerment of highway workers; doubling the fines for traffic violations in a highway work zone; defining "highway work zone" and "highway worker"; and amending section

61-8-715, MCA."

Be it enacted by the Legislature of the State of Montana:

NEW SECTION. Section 1.  Highway worker. "Highway worker" means an employee of the department of transportation, a local authority, a utility company, or a private contractor working in a highway work zone.

NEW SECTION. Section 2.  Highway work zone. "Highway work zone" means an area on a public highway or on the adjacent right-of-way identified by advanced signing where construction, repair, maintenance, or survey work is being performed by the department of transportation, a local authority, a utility company, or a private contractor under contract with the department of transportation or a local authority.

NEW SECTION. Section 3.  Reckless endangerment of highway workers. A person commits the offense of reckless endangerment of highway workers if the person drives a motor vehicle in a highway work zone in such a manner as to endanger persons or property or if the person removes, evades, or intentionally strikes a traffic control device in a highway work zone.

NEW SECTION. Section 4.  Violation of a traffic regulation in a highway work zone -- penalty. (1) A person who is convicted of violating any of the provisions of part 3 of this chapter while operating a motor vehicle in a highway work zone shall be punished by double the fine provided for the violation in this part.

(2) A court may not waive, reduce, or suspend the fine imposed by this section.

Section 5.  Section 61-8-715, MCA, is amended to read:

"61-8-715.   Reckless driving -- reckless endangerment of highway workers -- penalty. (1) A person convicted of reckless driving under 61-8-301(1)(a) or (1)(c) or convicted of reckless endangerment of highway workers under [section 3] shall be punished upon a first conviction by imprisonment for a period of not more than 90 days, or by a fine of not less than $25 or more than $300, or by both such fine and imprisonment,. and on On a second or subsequent conviction the person shall be punished by imprisonment for not less than 10 days or more than 6 months, or by a fine of not less than $50 or more than $500, or by both such fine and imprisonment.

(2)  A person convicted of reckless driving under 61-8-301(1)(b) shall be punished by imprisonment in the county or city jail for not less than 10 days or more than 6 months to which may be added, at the discretion of the court, a fine of not less than $300 or more than $500. On a second or subsequent conviction, he the person shall be punished by imprisonment for a term of not less than 30 days or more than 1 year to which may be added at the discretion of the court a fine of not less than $500 or more than $1,000."

NEW SECTION. Section 6.  Codification instruction. (1) [Section 1] is intended to be codified as an integral part of Title 61, chapter 1, part 3, and the provisions of Title 61, chapter 1, part 3, apply to [section 1].

(2) [Section 2] is intended to be codified as an integral part of Title 61, chapter 1, part 5, and the provisions of Title 61, chapter 1, part 5, apply to [section 2].

(3) [Section 3] is intended to be codified as an integral part of Title 61, chapter 8, part 3, and the provisions of Title 61, chapter 8, part 3, apply to [section 3].

(4) [Section 4] is intended to be codified as an integral part of Title 61, chapter 8, part 7, and the provisions of Title 61, chapter 8, part 7, apply to [section 4].

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