UNAPPROVED DRAFT BILL -- Subject to Change Without Notice!
BILL NO.
INTRODUCED BY
(Primary Sponsor)
A BILL FOR AN ACT ENTITLED: "AN ACT INCREASING THE PENALTIES FOR VIOLATION OF THE MOTOR VEHICLE PROOF OF FINANCIAL RESPONSIBILITY LAW; PROVIDING THAT THE PENALTIES APPLY WHEN THE CITATION IS ISSUED; AND AMENDING SECTION 61-6-304, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 61-6-304, MCA, is amended to read:
"61-6-304. Penalties. (1) Conviction of a first offense under 61-6-301 or 61-6-302 is punishable by a fine of not less than $250 or more than $500 or by imprisonment in the county jail for not more than 10 days, or both. A second conviction is punishable by a fine of $350 or by imprisonment in the county jail for not more than 10 days, or both. A third or subsequent conviction is punishable by a fine of $500 or by imprisonment in the county jail for not more than 6 months, or both.
(2) Upon the issuance of a second first or subsequent conviction citation under 61-6-301 or 61-6-302, the sentencing
court shall order the surrender of officer that issues the citation shall immediately upon issuance of the citation take
possession of the vehicle registration receipt and license plates for the vehicle operated at the time of the offense if the officer
believes that the vehicle was operated by the registered owner or a member of the registered owner's immediate family or by
a person whose operation of that the vehicle was authorized by the registered owner. The court officer shall send the receipt
and plates, along with a copy of the complaint and dispositional order citation, to the department, which shall immediately
suspend the receipt and plates for a period of 90 days from the date of a second conviction first citation or 180 days from the
date of a third second or subsequent conviction citation. The receipt and plates may not be reinstated until the expiration of
that period and until proof of compliance with 61-6-301 is furnished to the department, but if the vehicle is transferred to a
new owner, the new owner is entitled to register the vehicle.
(3) Upon the issuance of a fourth first and or subsequent conviction citation under 61-6-301 or 61-6-302, the court shall
order the surrender officer that issues the citation shall immediately upon issuance of the citation take possession of the
driver's license of the offender, if the officer believes that the vehicle operated at the time of the offense was registered to the
offender or a member of the offender's immediate family. The court officer shall send the driver's license, along with a copy
of the complaint and the dispositional order citation, to the department, which shall immediately suspend the driver's license.
The department may not reinstate a the driver's license suspended under this subsection until the registered owner provides
the department with proof of compliance with 61-6-301, and the department determines that the registered owner driver is
otherwise eligible for licensure, and the driver has passed all examinations required for the issuance of a license.
(4) The court may suspend a required fine only upon a determination that the offender is or will be unable to pay the fine.
(5) A court may not defer imposition of penalties provided by this section.
(6) 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."
- END -
Latest Version of LC 359 (LC0359.01)
Processed for the Web on December 27, 2000 (4:45PM)
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Status of this Bill | 2001
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