HOUSE BILL NO. 219
INTRODUCED BY J. MCKENNEY, BROWN, SPRAGUE, YOUNKIN
AN ACT PROVIDING FOR THE SUSPENSION OF THE LICENSE OF A DRIVER WHO STEALS FUEL FROM A RETAIL ESTABLISHMENT AT WHICH MOTOR VEHICLES ARE FUELED; AND AMENDING SECTIONS 61-5-205 AND 61-8-734, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 61-5-205, MCA, is amended to read:
"61-5-205. Mandatory revocation or suspension of license upon proper authority. (1) 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 of or forfeiture of bail not vacated of for any of
the following offenses, when the conviction or forfeiture has become final:
(1)(a) negligent homicide resulting from the operation of a motor vehicle;
(2)(b) 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 alcohol concentration of 0.10 or more;
(3)(c) any felony in the commission of which a motor vehicle is used;
(4)(d) 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)(e) 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)(f) conviction or forfeiture of bail not vacated upon three charges of reckless driving committed
within a period of 12 months; or
(7)(g) negligent vehicular assault as defined in 45-5-205.
(2) The department upon proper authority shall suspend the driver's license or the operating privilege of a driver upon receiving a record of the driver's conviction of or forfeiture of bail not vacated for a theft offense under 45-6-301 when the conviction or forfeiture has become final if the theft consisted of theft of motor vehicle fuel and a motor vehicle was used in the commission of the offense. The suspension must be for 30 days for a first offense, 6 months for a second offense, and 1 year for a third or subsequent offense."
Section 2. Section 61-8-734, MCA, is amended to read:
"61-8-734. Driving under influence of alcohol or drugs -- driving with excessive alcohol concentration -- conviction defined -- place of imprisonment -- home arrest -- exceptions -- deferral of sentence not allowed. (1) (a) For the purpose of determining the number of convictions under 61-8-714 or 61-8-722 for a violation of 61-8-401 or 61-8-406, "conviction" means a final conviction, as defined in 45-2-101, in this state; conviction for a violation of a similar statute or regulation in another state, or a federally recognized Indian reservation; or a forfeiture of bail or collateral deposited to secure the defendant's appearance in court in this state, another state, or a federally recognized Indian reservation, which forfeiture has not been vacated.
(b) An offender is considered to have been previously convicted for the purposes of sentencing if less than 5 years have elapsed between the commission of the present offense and a previous conviction, unless the offense is the offender's fourth or subsequent offense, in which case all previous convictions must be used for sentencing purposes.
(c) A previous conviction under 61-8-714 or 61-8-722 for violation of 61-8-401 or 61-8-406 may be counted for purposes of determining the number of a subsequent conviction for violation of either 61-8-401 or 61-8-406.
(2) Except as provided in 61-8-731, the court may order that a term of imprisonment imposed under 61-8-714 or 61-8-722 be served in another facility made available by the county and approved by the sentencing court. The defendant, if financially able, shall bear the expense of the imprisonment in the facility. The court may impose restrictions on the defendant's ability to leave the premises of the facility and require that the defendant follow the rules of that facility. The facility may be, but is not required to be, a community-based prerelease center as provided for in 53-1-203. The prerelease center may accept or reject a defendant referred by the sentencing court.
(3) Subject to the limitations set forth in 61-8-714 and 61-8-722 concerning minimum periods of imprisonment, the court may order that a term of imprisonment imposed under either section be served by imprisonment under home arrest, as provided in Title 46, chapter 18, part 10.
(4) A court may not defer imposition of sentence under 61-8-714, 61-8-722, or 61-8-731.
(5) The provisions of 61-2-107, 61-2-302, 61-5-205(2)(1)(b), and 61-5-208(2), relating to
suspension and revocation of driver's licenses and later reinstatement of driving privileges, apply to any
conviction under 61-8-714 or 61-8-722 for a violation of 61-8-401 or 61-8-406."
- END -
Latest Version of HB 219 (HB0219.ENR)
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