HOUSE BILL NO. 157
INTRODUCED BY S. GALLUS
AN ACT INCREASING THE PENALTY FOR TRANSFER OF AN ILLEGAL ARTICLE, OTHER THAN A WEAPON OR DANGEROUS DRUG, TO A PERSON INCARCERATED IN A STATE PRISON; MAKING THE OFFENSE A FELONY; AMENDING SECTION 45-7-307, MCA; AND PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 45-7-307, MCA, is amended to read:
"45-7-307. Transferring illegal articles or -- unauthorized communication. (1) (a) A person
commits the offense of transferring illegal articles if he the person knowingly or purposely transfers any
illegal article or thing weapon to a person subject to official detention or is transferred any illegal article
or thing weapon by a person subject to official detention.
(b) A person convicted of transferring illegal articles or a weapon shall be:
(i) imprisoned in the a state prison for a term not to exceed 20 years, if he conveys the item
transferred is a weapon to a person subject to official detention;
(ii) imprisoned in the a state prison for a term not to exceed 10 years, if he conveys the illegal article
is a dangerous drug, as defined in 50-32-101, to a person subject to official detention; or
(iii) imprisoned in a state prison for a term not to exceed 13 months or be fined an amount not more
than $1,500, or both, if the illegal article, other than a weapon or dangerous drug, is transferred to or
from a person incarcerated in a state prison, as defined in 53-30-101(3)(c), or be fined an amount not to
exceed more than $100 or be imprisoned in the county jail for any term not to exceed 10 days, or both,
if he conveys any other the illegal article or thing, other than a weapon or dangerous drug, is transferred
to or from a person subject to official detention incarcerated in a place other than a state prison.
(c) Subsection (1)(b)(iii) does not apply unless the offender knew or was given sufficient notice so
that he the offender reasonably should have known that the article or thing he conveyed was an illegal
article.
(2) (a) A person commits the offense of unauthorized communication if he the person knowingly or
purposely communicates with a person subject to official detention without the consent of the person in
charge of such the official detention.
(b) A person convicted of the offense of unauthorized communication shall be fined an amount not to exceed $100 or imprisoned in the county jail for any term not to exceed 10 days, or both."
Section 2. Effective date. [This act] is effective July 1, 2001.
- END -
Latest Version of HB 157 (HB0157.ENR)
Processed for the Web on March 13, 2001 (4:10PM)
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 | 2001 Legislature | Leg. Branch Home
All versions of this bill (PDF Format)
Authorized print version w/line
numbers (PDF format)
(406)444-3064