Bill Summary – FastDemocracy

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68th Legislature 2023                                                                                            HB 902.1
                                                   HOUSE BILL NO. 902
                                         INTRODUCED BY R. FITZGERALD
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  A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING DRIVING LAWS; REVISING AUTHORITY
  TO SUSPEND OR REVOKE A RESTRICTED LICENSE; REVISING AREAS IN WHICH CARELESS DRIVING
  MAY BE COMMITTED; REVISING THE PENALTY FOR RECKLESS DRIVING; PROVIDING AN
  APPROPRIATION; AMENDING SECTIONS 61-5-113, 61-8-302, AND 61-8-715, MCA; AND PROVIDING
  EFFECTIVE DATES.”
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  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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          Section 1. Section 61-5-113, MCA, is amended to read:
          "61-5-113.    Restricted licenses. (1) If, upon an applicant's completion of the vision, knowledge, and
  skills tests required under 61-5-110, 61-5-111, and 61-5-207, the department determines that an applicant's
  ability to exercise ordinary and reasonable control in the safe operation of a motor vehicle on the highway
  depends on the use of adaptive equipment or operational restrictions, then the department shall include the
  appropriate restrictions on a license issued to the applicant. Once imposed, the restrictions may not be
  removed unless the department determines that the adaptive equipment or operational restrictions are no
  longer essential to the licensee's ability to exercise ordinary and reasonable control in the safe operation of a
  motor vehicle on the highway.
          (2)      The department may either issue a special restricted license or may include the restrictions on
  the usual license form.
          (3)      The department A court of competent jurisdiction may upon receiving satisfactory evidence of a
  violation of the restrictions of a license or endorsement suspend or revoke the license. The licensee is entitled
  to a hearing as upon suspension or revocation under this chapter.
          (4)      It is a misdemeanor for a person to operate a motor vehicle in a manner in violation of the
  restrictions imposed in a restricted license."
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                                                               -1-                     Authorized Print Version – HB 902
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68th Legislature 2023                                                                                           HB 902.1
          Section 2. Section 61-8-302, MCA, is amended to read:
          "61-8-302.      Careless driving. (1) A person operating or driving a vehicle on a public highway upon
  ways of this state open to the public shall drive it in a careful and prudent manner that does not unduly or
  unreasonably endanger the life, limb, property, or other rights of a person entitled to the use of the highway
  using the ways of this state open to the public.
          (2)      A person who is convicted of the offense of careless driving is subject to the penalties provided
  in 61-8-711 or 61-8-716."
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          Section 3. Section 61-8-715, MCA, is amended to read:
          "61-8-715.      Reckless driving -- reckless endangerment of highway workers -- reckless
  endangerment of emergency personnel -- penalty. (1) Except as provided in subsection (2), a person
  convicted of reckless driving under 61-8-301(1)(a) or (1)(b), convicted of reckless endangerment of a highway
  worker under 61-8-301(4), or convicted of reckless endangerment of emergency personnel under 61-8-346
  shall be punished upon a first conviction by imprisonment for a term of not more than 90 days, a fine of not less
  than $100 or more than $500, or both. On a second or subsequent conviction, the person shall be punished by
  imprisonment for a term of not less than 10 5 days or more than 6 months, a fine of not less than $500 or more
  than $1,000, or both.
          (2)      A person who is convicted of reckless driving under 61-8-301 or convicted of reckless
  endangerment of emergency personnel under 61-8-346 and whose offense results in the death or serious
  bodily injury of another person shall be punished by a fine in an amount not exceeding $10,000, incarceration
  for a term not to exceed 1 year, or both."
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          NEW SECTION. Section 4.          Appropriation. There is appropriated $1,000 from the general fund to
  the department of justice for the biennium beginning July 1, 2023, to implement [section 2].
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          NEW SECTION. Section 5.          Effective dates. (1) [Sections 1 through 3] are effective October 1, 2023.
          (2)      [Section 4] and this section are effective July 1, 2023.
                                                        - END -
                                                               -2-                     Authorized Print Version – HB 902
Statutes affected: 
HB0902_1.pdf: 61-5-113, 61-8-302, 61-8-715
Introduced: 61-5-113, 61-8-302, 61-8-715