Bill Summary – FastDemocracy

68th Legislature                                                                                                HB 142.1
                                                  HOUSE BILL NO. 142
                                               INTRODUCED BY J. LYNCH
                             BY REQUEST OF THE DEPARTMENT OF LABOR AND INDUSTRY
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   A BILL FOR AN ACT ENTITLED: “AN ACT REVISING LAWS RELATED TO UNEMPLOYMENT INSURANCE
   AND FALSE CLAIMS; ENSURING APPROPRIATE RESTITUTION FOR FALSE CLAIMS; CLARIFYING THAT
   THEFT FROM UNEMPLOYMENT INSURANCE IS THEFT FROM A PUBLIC AGENCY; AND AMENDING
   SECTIONS 39-51-3202 AND 45-6-301, MCA.”
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   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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              Section 1. Section 39-51-3202, MCA, is amended to read:
              "39-51-3202.    Making false statement or representation or failing to disclose material fact in
   order to obtain or increase benefits -- criminal penalty. (1) A person who, in order to obtain or increase for
   personal gain or for any other person benefits under this chapter or under an employment security law of any
   other state or territory or the federal government, knowingly makes a false statement or representation or
   knowingly fails to disclose a material fact is guilty of a crime under 45-7-203 and 45-7-210, and the department
   may cause criminal proceedings to be initiated against the person.
              (2)    A person will be required to repay to the department an amount as determined by 39-51-
   3201(1)(a).
              (3)    For purposes of this section, restitution awarded under this section must include a sum equal to
   the amount wrongfully received, plus the department may assess a penalty not to exceed 100% of the amount
   wrongfully received. All money accruing from the penalty must be deposited in the federal special revenue
   account. Money deposited in that account may be appropriated to the department to be used to detect and
   collect unpaid taxes and overpayments of benefits to the extent that federal grant revenues are inadequate for
   these purposes. Money in the account not appropriated for these purposes must be transferred by the
   department to the unemployment insurance trust fund at the end of each fiscal year."
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                                                                -1-                    Authorized Print Version – HB 142
68th Legislature                                                                                                HB 142.1
              Section 2. Section 45-6-301, MCA, is amended to read:
              "45-6-301.   Theft. (1) A person commits the offense of theft when the person purposely or knowingly
   obtains or exerts unauthorized control over property of the owner and:
              (a)    has the purpose of depriving the owner of the property;
              (b)    purposely or knowingly uses, conceals, or abandons the property in a manner that deprives the
   owner of the property; or
              (c)    uses, conceals, or abandons the property knowing that the use, concealment, or abandonment
   probably will deprive the owner of the property.
              (2)    A person commits the offense of theft when the person purposely or knowingly obtains by
   threat or deception control over property of the owner and:
              (a)    has the purpose of depriving the owner of the property;
              (b)    purposely or knowingly uses, conceals, or abandons the property in a manner that deprives the
   owner of the property; or
              (c)    uses, conceals, or abandons the property knowing that the use, concealment, or abandonment
   probably will deprive the owner of the property.
              (3)    A person commits the offense of theft when the person purposely or knowingly obtains control
   over stolen property knowing the property to have been stolen by another and:
              (a)    has the purpose of depriving the owner of the property;
              (b)    purposely or knowingly uses, conceals, or abandons the property in a manner that deprives the
   owner of the property; or
              (c)    uses, conceals, or abandons the property knowing that the use, concealment, or abandonment
   probably will deprive the owner of the property.
              (4)    A person commits the offense of theft when the person purposely or knowingly obtains or
   exerts unauthorized control over any part of any public assistance provided under Title 52 or 53 by a state or
   county agency, regardless of the original source of assistance, by means of:
              (a)    a knowingly false statement, representation, or impersonation; or
              (b)    a fraudulent scheme or device.
              (5)    A person commits the offense of theft when the person purposely or knowingly obtains or
                                                                -2-                    Authorized Print Version – HB 142
68th Legislature                                                                                                    HB 142.1
   exerts or helps another obtain or exert unauthorized control over any part of any benefits provided under Title
   39, chapter 51 or 71, by means of:
              (a)     a knowingly false statement, representation, or impersonation; or
              (b)     deception or other fraudulent action.
              (6)     A person commits the offense of theft of property by embezzlement when, with the purpose to
   deprive the owner of the property, the person:
              (a)     purposely or knowingly obtains or exerts unauthorized control over property of the person's
   employer or over property entrusted to the person; or
              (b)     purposely or knowingly obtains by deception control over property of the person's employer or
   over property entrusted to the person.
              (7)     (a) Except as provided in subsections (7)(b) and (7)(d), a person convicted of a first offense of
   the offense of theft of property not exceeding $1,500 in value shall be fined an amount not to exceed $500. A
   person convicted of a second offense shall be fined an amount not to exceed $500 or be imprisoned in the
   county jail for a term not to exceed 6 months, or both. A person convicted of a third or subsequent offense shall
   be fined an amount not to exceed $500 and be imprisoned in the county jail for a term of not less than 5 days or
   more than 1 year.
              (b)     (i) Except as provided in subsection (7)(c), a person convicted of the offense of theft of property
   that exceeds $1,500 in value and does not exceed $5,000 in value shall be fined an amount not to exceed
   $1,500 or be imprisoned in the state prison for a term not to exceed 3 years, or both. A person convicted of a
   second offense shall be fined an amount not to exceed $1,500 or be imprisoned in the state prison for a term
   not to exceed 5 years, or both. A person convicted of a third or subsequent offense shall be imprisoned in the
   state prison for a term of not less than 2 years or more than 5 years and may be fined an amount not to exceed
   $5,000.
              (ii)    A person convicted of the theft of property exceeding $5,000 in value or as part of a common
   scheme as defined in 45-2-101, or the theft of any amount of anhydrous ammonia for the purpose of
   manufacturing dangerous drugs, shall be fined an amount not to exceed $10,000 or be imprisoned in a state
   prison for a term not to exceed 10 years, or both.
              (iii)   A person convicted of the theft of any commonly domesticated hoofed animal shall be fined an
                                                                   -3-                    Authorized Print Version – HB 142
68th Legislature                                                                                                  HB 142.1
   amount of not less than $5,000 or more than $50,000 or be imprisoned in a state prison for a term not to
   exceed 10 years, or both. If a prison term is deferred, the court shall order the offender to perform 416 hours of
   community service during a 1-year period, in the offender's county of residence. In addition to the fine and
   imprisonment, the offender's property is subject to criminal forfeiture pursuant to 45-6-328 and 45-6-329.
              (c)   A person convicted of the offense of theft of property exceeding $10,000 in value by
   embezzlement shall be imprisoned in a state prison for a term of not less than 1 year or more than 10 years
   and may be fined an amount not to exceed $50,000. The court may, in its discretion, place the person on
   probation with the requirement that restitution be made under terms set by the court. If the terms are not met,
   the required prison term may be ordered.
              (d)   A person convicted of a first offense for the offense of theft of property not exceeding $1,500 in
   value and who utilized an emergency exit in furtherance of that offense shall be fined an amount not to exceed
   $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both. On a second conviction, the
   offender shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for a term not to
   exceed 1 year, or both. On a third conviction, the offender shall be fined an amount not to exceed $5,000 and
   be imprisoned in the county jail for a term of not less than 5 days or more than 1 year.
              (8)   Amounts involved in thefts committed pursuant to a common scheme or the same transaction,
   whether from the same person or several persons, may be aggregated in determining the value of the property.
              (9)   A person convicted of the offense of theft of property not exceeding $100 in value is presumed
   to qualify for a deferred imposition of sentence as long as the person has not been convicted of a misdemeanor
   or felony offense in the past 5 years."
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                                                               -4-                      Authorized Print Version – HB 142
Statutes affected: 
HB0142_1.pdf: 39-51-3202, 45-6-301
HB0142_X.pdf: 39-51-3202, 45-6-301
Enrolled: 39-51-3202, 45-6-301
Introduced: 39-51-3202, 45-6-301