Bill Summary – FastDemocracy

67th Legislature                                                                                                      HB 109.1
                                                   HOUSE BILL NO. 109
                                                INTRODUCED BY F. SMITH
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   A BILL FOR AN ACT ENTITLED: “AN ACT PROVIDING FOR PRIMARY ENFORCEMENT OF SEATBELT
   LAWS; REQUIRING ADULT PASSENGERS TO BE RESPONSIBLE FOR THEMSELVES; AND AMENDING
   SECTIONS 46-5-502, 61-13-103, AND 61-13-104, MCA.”
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   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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              Section 1. Section 46-5-502, MCA, is amended to read:
              "46-5-502. Authority to establish temporary roadblocks. (1) A law enforcement agency of this
   state is authorized to establish, within its jurisdiction, temporary roadblocks on the highways of this state to:
              (a) apprehend persons known to be wanted for a violation of the laws of this state, of any other state,
   or of the United States;
              (b) except as provided in 7-33-2212, respond to an active emergency; or
              (c) respond to or mitigate conditions in areas where a significant number of known causal factors of
   motor vehicle accidents involving fatalities, injuries, or other serious legal violations are known to have
   occurred.
              (2) During a temporary roadblock, verification of a valid driver's license, vehicle registration, and
   insurance may be required.
              (3) In the course of conducting a roadblock under subsection (1)(c), a law enforcement officer may
   not issue a ticket, citation, or summons for a secondary offense.
              (4) For purposes of this section, the following definitions apply:
              (a) "Active emergency" means an incident that threatens public safety, health, or welfare and requires
   immediate action.
              (b) "Secondary offense" means a violation of an offense, including a violation of 61-13-103, for which
   a law enforcement officer may only issue a ticket, citation, or summons after the driver has already been
   stopped for a violation of another offense."
                                                                  -1-                     Authorized Print Version – HB 109
67th Legislature                                                                                                   HB 109.1
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              Section 2. Section 61-13-103, MCA, is amended to read:
              "61-13-103. Seatbelt use required -- exceptions. (1) (a) A driver may not operate a motor vehicle
   upon a highway of the state of Montana unless each occupant of a designated seating position who is under 18
   years of age is wearing a properly adjusted and fastened seatbelt or, if 61-9-420 applies, is properly restrained
   in a child safety restraint.
              (b) An adult may not ride in a designated seating position of a motor vehicle unless wearing a
   properly adjusted and fastened seatbelt.
              (2) The provisions of this section do not apply to:
              (a) an occupant of a motor vehicle who possesses a written statement from a licensed physician,
   licensed physician assistant, or advanced practice registered nurse, as defined in 37-8-102, that the occupant
   is unable to wear a seatbelt for medical reasons;
              (b) an occupant of a motor vehicle in which all seatbelts are being used by other occupants;
              (c)   an operator of a motorcycle or a motor-driven cycle;
              (d) an occupant of a vehicle licensed as special mobile equipment; or
              (e) an occupant who makes frequent stops with a motor vehicle during official job duties and who may
   be exempted by the department.
              (3) The department or its agent may not require a driver who may be in violation of this section to stop
   except:
              (a) upon reasonable cause to believe that the driver has violated another traffic regulation or that the
   driver's vehicle is unsafe or not equipped as required by law; or
              (b) if a person in the vehicle who is under 6 years of age and weighs less than 60 pounds is not
   properly restrained under 61-9-420 or this section."
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              Section 3. Section 61-13-104, MCA, is amended to read:
              "61-13-104. Penalty -- no record permitted. (1) A driver person who violates 61-13-103 shall be
   fined $20, but the violation is not a misdemeanor pursuant to 45-2-101, 46-18-236, 61-8-104, or 61-8-711. A
   violation of 61-13-103 may not be counted as a moving violation for purposes of suspending a driver's license
                                                                 -2-                     Authorized Print Version – HB 109
67th Legislature                                                                                               HB 109.1
   under 61-11-203(2)(m). Bond for this offense is $20, and a jail sentence may not be imposed.
              (2) A violation of 61-13-103 may not be recorded or charged against the driver's record of a person
   violating 61-13-103.
              (3) An insurance company may not hold a violation of 61-13-103 against the insured or increase the
   insured's premiums due to a violation of 61-13-103."
                                                         - END -
                                                                -3-                    Authorized Print Version – HB 109
Statutes affected: 
Introduced: 46-5-502, 61-13-103, 61-13-104