Bill Summary – FastDemocracy

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68th Legislature 2023                                                                                              HB 791.1
                                                 HOUSE BILL NO. 791
     INTRODUCED BY C. SPRUNGER, F. SMITH, E. BUTTREY, D. SALOMON, S. FITZPATRICK, J. WINDY
   BOY, S. STEWART PEREGOY, C. GLIMM, G. HERTZ, J. HINKLE, Z. PERRY, D. FERN, R. FITZGERALD, F.
    ANDERSON, C. KNUDSEN, B. USHER, S. VINTON, T. WELCH, J. SMALL, J. ELLSWORTH, N. DURAM, J.
        DOOLING, T. RUNNING WOLF, J. KASSMIER, D. BEDEY, B. LER, B. PHALEN, K. ZOLNIKOV, B.
   MITCHELL, L. REKSTEN, P. FIELDER, S. KERNS, J. SCHILLINGER, K. SEEKINS-CROWE, M. MALONE, M.
    BERTOGLIO, D. HAWK, M. BINKLEY, S. ESSMANN, T. BROCKMAN, T. SMITH, N. NICOL, L. DEMING, T.
                   FALK, G. NIKOLAKAKOS, G. KMETZ, D. BAUM, B. BARKER, J. FITZPATRICK
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  A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING DRUG CRIME SENTENCES;
  PROVIDING A MANDATORY MINIMUM FOR CRIMINAL DISTRIBUTION OF FENTANYL; PROVIDING A
  MANDATORY MINIMUM FOR CRIMINAL POSSESSION WITH INTENT TO DISTRIBUTE FENTANYL;
  AMENDING SECTIONS 45-9-101, 45-9-103, AND 46-18-222, MCA; AND PROVIDING AN APPLICABILITY
  DATE.”
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  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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            Section 1. Section 45-9-101, MCA, is amended to read:
            "45-9-101.   Criminal distribution of dangerous drugs. (1) Except as provided in Title 16, chapter
  12, a person commits the offense of criminal distribution of dangerous drugs if the person sells, barters,
  exchanges, gives away, or offers to sell, barter, exchange, or give away any dangerous drug, as defined in 50-
  32-101.
            (2)    A person convicted of criminal distribution of dangerous drugs involving giving away or sharing
  any dangerous drug, as defined in 50-32-101, shall be sentenced as provided in 45-9-102.
            (3)    A person convicted of criminal distribution of dangerous drugs not otherwise provided for in
  subsection (1), (2), (4), or (5), or (6) shall be imprisoned in the state prison for a term not to exceed 25 years or
  be fined an amount of not more than $50,000, or both.
            (4)    A person who was an adult at the time of distribution and who is convicted of criminal
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68th Legislature 2023                                                                                             HB 791.1
  distribution of dangerous drugs to a minor shall be sentenced as follows:
          (a)      For a first offense, the person shall be imprisoned in the state prison for a term not to exceed
  40 years and may be fined not more than $50,000.
          (b)      For a second or subsequent offense, the person shall be imprisoned in the state prison for a
  term not to exceed life and may be fined not more than $50,000.
          (5)      If the offense charged results in the death of an individual from the use of any dangerous drug
  that was distributed, the person shall be imprisoned in the state prison for a term of not more than 100 years
  and may be fined not more than $100,000.
          (6)      A person convicted of criminal distribution of dangerous drugs that involves distribution of
  fentanyl, carfentanil, sufentanil, alfentanil, or a fentanyl derivative, and who possessed or distributed a mixture
  containing one or more of these substances in a combined amount greater than 100 pills or a combined weight
  greater than 10 grams in a form such as a powder, solid, or liquid, inclusive of any additives or cutting agents,
  shall be imprisoned in the state prison for a term of not less than 2 years or more than 40 years or may be fined
  not more than $50,000, or both. The court may not suspend execution or defer imposition of the first 2 years of
  the sentence, except as provided in 46-18-222(1) through (4), and during the first 2 years of imprisonment, the
  offender is not eligible for parole.
          (6)(7)   Practitioners, as defined in 50-32-101, and agents under their supervision acting in the course
  of a professional practice are exempt from this section."
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          Section 2. Section 45-9-103, MCA, is amended to read:
          "45-9-103.    Criminal possession with intent to distribute. (1) Except as provided in Title 16,
  chapter 12, a person commits the offense of criminal possession with intent to distribute if the person
  possesses with intent to distribute any dangerous drug as defined in 50-32-101 [in an amount] in an amount
  greater than permitted or for which a penalty is not specified under Title 16, chapter 12.
          (2)      A Except as provided in subsection (3), a person convicted of criminal possession with intent to
  distribute shall be imprisoned in the state prison for a term of not more than 20 years or be fined an amount not
  to exceed $50,000, or both.
          (3)      A person convicted of criminal possession with intent to distribute fentanyl shall be imprisoned
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68th Legislature 2023                                                                                                  HB 791.1
  in the state prison for a term of not less than 2 years or more than 40 years or may be fined not more than
  $50,000, or both. The court may not suspend execution or defer imposition of the first 2 years of the sentence,
  except as provided in 46-18-222(1) through (4), and during the first 2 years of imprisonment, the offender is not
  eligible for parole.
           (3)(4)   Practitioners, as defined in 50-32-101, and agents under their supervision acting in the course
  of a professional practice are exempt from this section."
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           Section 3. Section 46-18-222, MCA, is amended to read:
           "46-18-222.    Exceptions to mandatory minimum sentences, restrictions on deferred imposition
  and suspended execution of sentence, and restrictions on parole eligibility. Mandatory minimum
  sentences prescribed by the laws of this state, mandatory life sentences prescribed by 46-18-219, the
  restrictions on deferred imposition and suspended execution of sentence prescribed by 45-9-101(6), 45-9-
  103(3), 46-18-201(1)(b), 46-18-205, 46-18-221(3), 46-18-224, and 46-18-502(3), and restrictions on parole
  eligibility prescribed by 45-5-503(4), 45-5-507(5), 45-5-601(3), 45-5-602(3), 45-5-603(2)(b), and 45-5-625(4),
  45-9-101(6), and 45-9-103(3) do not apply if:
           (1)      the offender was less than 18 years of age at the time of the commission of the offense for
  which the offender is to be sentenced;
           (2)      the offender's mental capacity, at the time of the commission of the offense for which the
  offender is to be sentenced, was significantly impaired, although not so impaired as to constitute a defense to
  the prosecution. However, a voluntarily induced intoxicated or drugged condition may not be considered an
  impairment for the purposes of this subsection.
           (3)      the offender, at the time of the commission of the offense for which the offender is to be
  sentenced, was acting under unusual and substantial duress, although not such duress as would constitute a
  defense to the prosecution;
           (4)      the offender was an accomplice, the conduct constituting the offense was principally the
  conduct of another, and the offender's participation was relatively minor;
           (5)      in a case in which the threat of bodily injury or actual infliction of bodily injury is an actual
  element of the crime, no serious bodily injury was inflicted on the victim unless a weapon was used in the
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68th Legislature 2023                                                                                               HB 791.1
  commission of the offense; or
           (6)      the offense was committed under 45-5-502(3), 45-5-508, 45-5-601(3), 45-5-602(3), or 45-5-
  603(2)(b) and the judge determines, based on the findings contained in a psychosexual evaluation report
  prepared by a qualified sexual offender evaluator pursuant to the provisions of 46-23-509, that treatment of the
  offender while incarcerated, while in a residential treatment facility, or while in a local community affords a
  better opportunity for rehabilitation of the offender and for the ultimate protection of the victim and society, in
  which case the judge shall include in its judgment a statement of the reasons for its determination."
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           NEW SECTION. Section 4.        Applicability. [This act] applies to offenses committed on or after [the
  effective date of this act].
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Statutes affected: 
HB0791_1.pdf: 45-9-101, 45-9-103, 46-18-222
HB0791_2.pdf: 45-9-101, 45-9-103, 46-18-222
HB0791_X.pdf: 45-9-101, 45-9-103, 46-18-222
Amended: 45-9-101, 45-9-103, 46-18-222
Introduced: 45-9-101, 45-9-103, 46-18-222