The bill introduces a new offense termed "aggravated vehicular homicide while under the influence," which applies when an individual negligently causes another person's death while operating a vehicle under the influence of alcohol or drugs. The penalties for this offense are significant, ranging from a minimum of three years to a maximum of thirty years in prison, alongside potential fines between $10,000 and $50,000. Importantly, the bill clarifies that this new offense is not classified as an included offense of deliberate homicide. Additionally, the bill amends existing sections of the Montana Code Annotated (MCA) to incorporate "aggravated vehicular homicide under the influence" into sentencing guidelines for violent offenders and updates penalties for DUI offenses, particularly for repeat offenders.

Moreover, the bill establishes stricter penalties for individuals with prior DUI convictions, mandating enhanced penalties for those with previous offenses. It specifies that mandatory minimum imprisonment terms cannot be served under home arrest and may only be suspended under certain conditions. The legislation also requires participation in chemical dependency treatment programs and imposes fines and license suspensions based on the number of prior convictions. Furthermore, it clarifies the authority of peace officers to request blood or breath tests and outlines the consequences of refusing such tests, including driver's license suspension. Overall, the bill aims to strengthen DUI laws and enhance public safety by imposing more severe consequences for individuals who drive under the influence and cause fatalities.

Statutes affected:
LC Text: 44-15-103, 46-18-201, 61-8-1007, 61-8-1008, 61-8-1016