Senate Bill No. 6

Introduced By christiaens

A Bill for an Act entitled: "An Act revising the offense of possession of a deadly weapon by a prisoner; making it an offense for a youth PERSON in a youth detention facility, secure detention facility, regional detention facility, short-term detention center, state youth correctional facility, or shelter care facility to possess a deadly weapon; and amending section

45-8-318, MCA."

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

Section 1.  Section 45-8-318, MCA, is amended to read:

"45-8-318.   Possession of deadly weapon by prisoner or youth in facility. (1) Every prisoner committed to the Montana state prison or incarcerated in a county jail, city jail, or regional jail who, while at the state prison or a jail, while being conveyed to or from the Montana state prison or a jail, while at a state prison farm or ranch, while being conveyed to or from any such place, or while under the custody of prison or jail officials, officers, or employees, A person commits the offense of possession of a deadly weapon by a prisoner if the person purposely or knowingly possesses or carries upon his person or has under his the person's custody or control without lawful authority a dirk, dagger, pistol, revolver, slingshot, sword cane, billy, knuckles made of any metal or hard substance, knife, razor not including a safety razor, or other deadly weapon is guilty of a felony while the person is:

(a) a prisoner PERSON committed to the Montana state prison or incarcerated in a county jail, city jail, or regional jail and is:

(i) at the state prison, a state prison farm or ranch, or jail;

(ii) being conveyed to or from a place listed in this subsection (1)(a); or

(iii) under the custody of prison or jail officials, officers, or employees; or

(b) a youth PERSON in a youth detention facility, secure detention facility, regional detention facility, short-term detention center, state youth correctional facility, or shelter care facility, AS THOSE TERMS ARE DEFINED IN 41-5-103, and is at the facility, being conveyed to or from the facility, or under the custody of the facility officials, officers, or employees.

(2)  He An adult A PERSON convicted of the offense of possession of a deadly weapon by a prisoner shall be punished by imprisonment in the state prison for a term not less than 5 years or more than 15 years, such term of imprisonment to commence from the time he would otherwise have been released from jail or prison, or shall be punished by a fine of not more than $50,000, or by both such fine and imprisonment. A term of imprisonment commences at the time that the person would have been released from prison or jail.

(3) A youth charged with possession of a deadly weapon by a prisoner must be adjudicated pursuant to Title 41, chapter 5 THE YOUTH COURT HAS JURISDICTION OF ANY VIOLATION OF SUBSECTION (1)(B) UNLESS A YOUTH'S CASE IS TRANSFERRED TO DISTRICT COURT, IN WHICH CASE THE DISTRICT COURT HAS JURISDICTION."

-END-