SENATE BILL NO. 88
INTRODUCED BY D. SANDS
AN ACT REVISING LAWS RELATED TO THE CRIMES OF VIOLENCE AND INCLUDING THE CRIMES OF AGGRAVATED SEXUAL INTERCOURSE WITHOUT CONSENT AND STRANGULATION IN THE DEFINITION OF "CRIME OF VIOLENCE"; AND AMENDING SECTION 46-18-104, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
"46-18-104. Definitions. As used in 46-18-101, 46-18-105, 46-18-201, 46-18-225, and this section, unless the context requires otherwise, the following definitions apply:
(1) "Community corrections" or "community corrections facility or program" means a community corrections facility or program as defined in 53-30-303.
(2) (a) "Crime of violence" means:
(i) a crime in which an offender uses or possesses and threatens to use a deadly weapon during the commission or attempted commission of a crime;
(ii) a crime in which the offender causes serious bodily injury or death to a person other than the offender; or
(iii) an offense under:
(A)(B) 45-5-502 for which the maximum potential sentence is life imprisonment or imprisonment in a state prison for a term exceeding 1 year;
(B)(C) 45-5-503, except as provided in subsection (2)(b) of this section; or
(C)(D) 45-5-507 if the victim is under 16 years of age and the offender is 3 or more years older than the victim or if the offender inflicts bodily injury upon anyone in the course of committing the offense.; or
(b) In a prosecution under 45-5-503, if the sexual intercourse was without consent based solely on the victim's age, the victim willingly participated, and the offender is not more than 3 years older than the victim, the offense is not a crime of violence for purposes of this section.
(3) "Nonviolent felony offender" means a person who has entered a plea of guilty or nolo contendere to a felony offense other than a crime of violence or who has been convicted of a felony offense other than a crime of violence.
(4) "Restorative justice" has the meaning provided in 2-15-2013."
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Prepared by Montana Legislative Services