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HOUSE BILL NO. 527
INTRODUCED BY H. HARPER, S. BARTLETT, C. CHRISTIAENS, T. FACEY, D. GRIMES, M. HALLIGAN, D. MAHLUM, D. MCGEE, B. WILSON
AN ACT REQUIRING IMPOSITION OF THE RESTRICTION OF DRIVING A MOTOR VEHICLE EQUIPPED WITH A FUNCTIONING IGNITION INTERLOCK DEVICE AS A CONDITION FOR ISSUANCE OF A PROBATIONARY DRIVER'S LICENSE UPON A SECOND OR SUBSEQUENT VIOLATION OF DRIVING WHILE INTOXICATED OR UNDER THE INFLUENCE OF ALCOHOL; AND AMENDING SECTIONS 61-2-302, 61-5-208, AND 61-8-442, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 61-2-302, MCA, is amended to read:
"61-2-302. Establishment of driver rehabilitation and improvement program -- participation by offending drivers. (1) The department may establish by administrative rules a driver rehabilitation and improvement program or programs that may consist of classroom instruction in rules of the road, driving techniques, defensive driving, driver attitudes and habits, actual on-the-road driver's training, and other subjects or tasks designed to contribute to proper driving attitudes, habits, and techniques.
(2) Official participation in the driver rehabilitation and improvement program is limited to those persons
who are not
subject to an ignition interlock restriction imposed under 61-8-442 and whose license to operate a motor vehicle in the state
of Montana is:
(a) subject to suspension or revocation as a result of a violation of the traffic laws of this state or, unless otherwise provided by the sentencing court, a violation of 45-5-624; or
(b) revoked and they have:
(i) completed at least 3 months of a 1-year revocation or, if revocation is for a second or subsequent violation of 61-8-401 or 61-8-406, have provided the department with proof of compliance with the ignition interlock device restriction imposed under 61-5-208; or
(ii) completed 1 year of a 3-year revocation; and
(iii) met the requirements for reobtaining a Montana driver's license.
(3) Notwithstanding any provision of this part inconsistent with any other law of the state of Montana, the enforcement of any suspension or revocation order that constitutes the basis for any person's participation in the driver rehabilitation and improvement program provided for in this section may be stayed if that person complies with the requirements established for the driver improvement program and meets the eligibility requirements of subsection (2).
(4) In the event that a person's driver's license has been surrendered before the person's selection for participation in the driver rehabilitation and improvement program, the license may be returned upon receipt of the person's agreement to participate in the program.
(5) The stay of enforcement of any suspension or revocation order must be terminated and the order of suspension or revocation enforced if a person declines to participate in the driver rehabilitation and improvement program or fails to meet the attendance or other requirements established for participation in the program.
(6) This part does not create a right to be included in any program established under this part.
(7) The department may establish a schedule of fees that may be charged those persons participating in the driver improvement and rehabilitation program. The fees must be used to help defray costs of maintaining the program.
(8) A person may be referred to this program by a driver improvement analyst, city judge, justice of the peace, youth
court judge, judge of a district court of the state, or
a hearing examiner of the department.
(9) The department may issue a restricted probationary license to any person who enrolls and participates in the driver rehabilitation and improvement program. Upon issuance of a probationary license under this section, the licensee is subject to the restrictions set forth on the license.
(10) It is a misdemeanor for a person to operate a motor vehicle in any manner in violation of the restrictions imposed on a restricted license issued to the person under this section."
Section 2. Section 61-5-208, MCA, is amended to read:
"61-5-208. Period of suspension or revocation -- probationary license -- ignition interlock device required on second or subsequent offense. (1) The department may not suspend or revoke a driver's license or privilege to drive a motor vehicle on the public highways for a period of more than 1 year, except as otherwise permitted by law.
(2) A person whose license or privilege to drive a motor vehicle on the public highways has been suspended or revoked
may not have the license, endorsement, or privilege renewed or restored unless the revocation was for a cause
has been removed. After the expiration of the period of the revocation or suspension, the person may make application for a
new license or endorsement as provided by law but the department may not issue a new license or endorsement unless and
until it is satisfied, after investigation of the driving ability of the person and upon a showing by its records or other
sufficient evidence, that the person is eligible to be licensed to drive in Montana. When any person is convicted or forfeits
bail or collateral not vacated for the offense of operating or being in actual physical control of a motor vehicle while under
the influence of alcohol or any drug or a combination of alcohol or drugs or for the offense of operation of a motor vehicle
by a person with alcohol concentration of 0.10 or more, the department shall, upon receiving a report of conviction or
forfeiture of bail or collateral not vacated, suspend the driver's license or driving privilege of the person for a period of 6
months. Upon receiving a report of a conviction or forfeiture of bail or collateral for a second, third, or subsequent offense
within 5 years of the first offense, the department shall revoke the license or driving privilege of the person for a period of 1
year , except that if and upon issuance of any restricted probationary license during the period of revocation, restrict the
person to driving only a motor vehicle equipped with a functioning ignition interlock device. If the 1-year period passes and
the person has not completed an alcohol information course, treatment, or both, as ordered by the sentencing court, the
license revocation remains in effect until the course, treatment, or both are completed.
(3) (a) If a person pays the reinstatement fee required in 61-2-107 and provides the department proof of compliance
with any ignition interlock restriction imposed under 61-8-442, the department shall stay the license suspension
revocation of a person who has been convicted of a violation of 61-8-401 or 61-8-406 and return the person's driver's
license. The stay must remain in effect until the period of suspension or revocation has expired and any required alcohol
information course, treatment, or both, have been completed.
(b) If the department receives notice from a court, peace officer, or ignition interlock vendor that the person has violated
the court-imposed ignition interlock restriction by, including but not limited to, operating a motor vehicle not equipped with
the device, tampering with the device, or removing the device before the period of restriction has expired, the department
shall lift the stay and reinstate the license suspension
or revocation for the remainder of the time period. The department
may not issue a probationary driver's license to a person whose license suspension or revocation has been reinstated due to
violation of an ignition interlock restriction.
(4) The period for all revocations made mandatory by 61-5-205 is 1 year except as provided in subsection (2).
(5) The period of revocation for
any a person convicted of any offense which that makes mandatory the revocation of
the person's driver's license commences from the date of conviction or forfeiture of bail.
(6) If a person is convicted of a violation of 61-8-401 or 61-8-406 while operating a commercial motor vehicle, the department shall suspend the person's driver's license as provided in 61-8-811 and subsection (2) of this section."
Section 3. Section 61-8-442, MCA, is amended to read:
"61-8-442. Driving under the influence of alcohol or drugs -- driving with excessive alcohol concentration --
ignition interlock device
required discretionary on first offense. (1) In addition to the punishments provided in 61-8-714
and 61-8-722, regardless of disposition, the court may restrict a defendant to only driving only a motor vehicle equipped
with a functioning ignition interlock device and require the defendant to pay the reasonable cost of leasing, installing, and
maintaining the device if:
(a) the court determines that approved ignition interlock devices are reasonably available;
(i) the defendant's blood alcohol concentration at the time of the arrest was 0.18% or greater; or and (ii)(c) the defendant previously has not been previously convicted of a violation of 61-8-401 or 61-8-406.
(2) Any restriction imposed under this section must be included in a report of the conviction made by the court to the department in accordance with 61-11-101 and placed upon the person's driving record maintained by the department in accordance with 61-11-102.
(3) The duration of a restriction imposed under this section must run parallel to the time period for suspension
revocation of the driver's license of the defendant in accordance with 61-2-107, 61-5-205, and 61-5-208 and must be
monitored by the department."
- END -
Latest Version of HB 527 (HB0527.ENR)
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