Chapter g 8) - Montana Legislatureleg.mt.gov/content/Committees/Interim/2015-2016/Sentencing/... ·...

Chapter ) C) g

Bill H "----

H. Committee on

Hearing Date(s)

Date Out

MONTANA LEGISLATIVE HISTORY

19 8)

S IY Original bill & history ~ C

J 0~ .'c ;C(2) S. Committee on -) vd; c', etj

OOc.cQIa ~C Hearing Date(s) Jon 07 ~C

mQr ID -L-C =re-" J) L-C

C J C!:J ,2.:z L-C

C ~Cl) ~J ~C

Ib~ 112 ~C F~~ D Y /c

F <- b 0 () ./

Did this bill originate in an interim committee? Yes No

Committee ----------- Report __________ _

C

S9 14 TOWE -- AMENDING 46-18-2~1 PROVIDING FOR FINES AND ASSESSMEN~ OF COSTS TN FELONY CFIMINAL CAS~S ••••

PREFILED AND REFSRRED ~O COMMITTEE ON JUDICIARY: 12/3J/RJ HEAR ING: 1/9 R~PORT: 2/Q, DO PASS AS AMENDED

2Nt BEADING: 2/11, YEAS: 47; NHS: 2 JRD R';;71DING: 2/13, YEAS: 46; NAYS: 1

TRANSMITTED TO HOUSE: 2/13 REFERRED TO CO~MITTEE ON JUDICIARY: 2/14

H3ARING: 3/6 REPORT: 3/10, BE CONCURRED IN

2ND READING: 3/12, YEAS: 71; NAYS: 13 SEGREGATED: 3/12 ON MOTtON, 3/14, PASSED FOR THE DAY. 2N r; READING: 3/18, DE NOT CONCURRED IN -- YEAS: 39; NAYS: Cd

BI!: CONCURRED IN YEAS: 56; NAYS: .37 31'1 DREADING: 3/2C, HAS: 78; NAYS: 15

RETURNED TO SENATE: 3/20

TRANSMITTED TO GOVERNOR: 3/26/81 ACTION: 3/31, SIGNED CHAPTER 198

SB 15 MAZUREK -- AMENDING 17-5-1')2 TO ELIMH1I.TE INTERFST l1A'rE C'SIUNG ON POLI~ICAL SUBDIVISION BONDS.

PREFILED AND REFERRED TO COM"IT~F.E ON TAXATION: 12/30/80 H~ARING: 1/12; 1/28 REPORT: 2/21, DO PASS AS AMENDED

2ND READING: 2/24, DO PASS AS AMENDED Hr READING: 2/25, YEAS: 33; NAYS: 17

TRANS"ITTED TO HOUSF.: 2/25 REFERR~D TO COMMITTEE ON STATE AD~INISTRATION: 3/2

HEAR ING: 3/9 REPO RT: 3/9.

2Nr READING: 1/11, lRD READING: 3/1U,

BE CONCllRRED IN, AS AMENDED AS AMENDED, YEAS: 7fi; NAYS: 6 YEAS: R3; NAYS: 11

SETURNED TO SENATE WITH AMENDMENTS: 3/14 2lH READING: 3/18, BE NOT CONCURRED ON MOTTON. 3/18, REFERRED TO CONFERZNCE COMMITT?E

CONFERENCE COMMITTEE REPORT: 3/24 SENATE

2ND READING: 3/26, DO PASS ON MOTION. 3/27, R 3CONSIDER~D, REJECTED CONFP,R~~NC2 COMMI'T"fEE

npORT ON MOTION, 3/27, FREE JOINT CONF. COMMITT~E APPOINT~D 0N MOTION, 3/2?, THE HOUSE RECONSIDERED ITS ACTION IN ACCFPTING

THE CONFERENCE COMMITTEE REPORT. YEAS: 89 NAYS: ; ON MOTION. 3/27, THE CONFERENCE COMMITTEE WAS DISSOLV2D AND

FREE CONFEPENCE COMMITTEE WAS APPOINTED.

FREE CONFERENCE COMMITTES REPORr: 3/21 2ND READING: V28. YEAS: 77; NAYS: 0 1R r REA DtNG: 3/28, YEA S: 1'3; NAYS: J

S:::NATE 2'H RRADING: 3/28, BE CONCURFED IN

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a se?ara~e

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for

Sen

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. '.,.

, Resolu:i':~lS .

SENATE BILL NO. 14

INTRODUCED BY TO~';E!

BY RSQUEST OF COMMITTeE ON CORRECTIONS POLICY AND FACiLITY fH':~DS

Januar~l 5, 19:31

February 9, 1981

February 10, 19B1

Februal:Y 11, 1981

February 12, 1981

February 13, 1931

February 14, 19d1

~arch 11, 1931

!o'ldrch 12, 1981

March 14, 1981

March 13, 1981

March 20, 1981

IN THE SfmA'l.'E

Introduced and referred to Committoe on Judiciary_

Committee recommend bill do pass as amended. Report adopted.

9il1 printed and placed on members' desks.

Second reading, do pass.

correctly engrossed.

Third reading, ~ass0d. Ayes, 46, Noes, 1. Transmitted to Aouse.

ni THf-; ROUSE

In~roducud and referred to Com~ittee on Judiciary.

Com,ni t tee recoJl".lllend bi 11 be concurr~d in. Report adopted.

Second reading, concurre~ in.

Bill segregated.

~otion pa3a consideration.

Second reading, bill concurred In.

Third reading, concurred in. Ayes, 7S, Noes, 15.

21, 1981

l!J THE SetiA'fe

Returned from House. Concurred in. Sent to enrolling.

Reported correctly enrolled.

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a fi

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1 2 3 4 5 6 7 8 9 10

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13

14

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ify

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for

prob~tion.

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usp

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der

the

pro

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s

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[secti

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d

2]

sh

all

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paid

to

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co

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ty

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nd

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ty

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enev

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on

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been

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(a)

defe

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or

dru

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for

a

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3 4 5 6 7 8 9

10

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13

14

15

16

17

18

19

20

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22

23

24

25

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/01

peri

od

n

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ex

ceed

ing

1

year

for

any

m

isd

em

ean

or

or

for

a

~eriod

no

t ex

ceed

ing

3

years

fo

r an

y

felo

ny

. T

he

sen

ten

Cin

g

jud

ge

may

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po

se

up

on

th

e

defe

nd

an

t a

ny

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restr

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or

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nd

itio

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rin

g th

e

peri

od

o

f th

e

defe

rred

i~position.

Su

ch

reaso

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le restr

icti

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s

or

co

nd

itio

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may

inclu

de:

(i)

ja

il

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MINUTES OF MEETING SENATE JUDICIARY COMMITTEE

January 9, 1981 Page 1.

The third meeting of the Senate Judiciary Committee was called to order by Mike Anderson, Chairman, on the above date in Room 331, at 10:00 a.m.

ROLL CALL:

All members were present.

CONSIDERATION OF SEUATE BILL 24:

AN ACT TO ELIMINATE EXEMPTIONS FROM JURY SERVICE AND CLARIFY WHEN A JUROR MAY BE EXCUSED.

Senator Bill Hafferman, of Lincoln County, representing District 11, introduced the bill, and read letters of support from District Judge Robert M. Holter (Exhibit A), and County Attorney for Lincoln County, William A. Douglas (Exhibit B) . These letters are attached to the minutes. Senator Hafferman then spoke in favor of the bill himself. There were no opponents.

Senator Olson opened questioning by referring to the legitimacy of a doctor's asking to be excused from jury duty. Senator Crippen added that he felt the bill as pDoposed went too far in limiting the discretion of the judge to excuse potential jurors. Senator S. Brown said that, in light of Senator Crippen's remarks perhaps an introductory phrase should be added, stating that if a potential juror satisfies certain criteria he could be exempt, but exemption would not be mandatory because of his profession.

Senator Anderson stated that this bill should not repeal Section 3-15-314, which states that if a person has great hardship, an affidavit would provide the means to get before the court.

J. C. Weingartner, representing Montana's State Bar Association, stated that although a separate bill brought by the clerks of court would change the duties of the clerks of court somewhat, the exemptions in Sections 3-15-311 would be left intact. Senator Hafferman said that he would leave it to this committee to establish whether the other bill under consideration would adequately address the matter he brought up in Senate Bill 24.

Minutes of January 9, 1981 Page two 3d meeting

CONSIDERATION OF SENATE BILL 40:

AN ACT TO REQUIRE PLAINTIFFS WHO RESIDE OUTSIDE OF MONTANA TO BEAR JURORS' COSTS WITHOUT RECOVERY IN ACTIONS WHICH COULD HAVE BEEN PURSUED OUTSIDE MONTANA.

Senator Bill Hafferman read a letter of support on this bill from District Judge Holter (Exhibit C), which is attached to these minutes. Other than the testimonial letb~r, Senator Hafferman had no remarks on the bill other than to say that as a taxpayer he would appreciate passage of it.

Mike Steven, Exec~tive Director of the Association of Counties, stated that his organization was very much in favor of the bill because of the tax dollars it would return to the coun tie s .

J. C. Weingartner said that the State Bar neither supports nor opposes the bill, but feels that it might be unconstitutional.

There were no opponents to the bill.

Discussion among the committeemen centered around the specific problems arising which might dictate a need for this bill, and whether or not the bill was really needed. In response to a suggestion from Senator B. Brown, Senator Hafferman agreed to do further research into why a need exists for the bill.


AN ACT PROVIDING FOR FINES AND ASSESSMENT OF COSTS IN FELONY CRIMINAL CASES; ALLOWING COMMUNITY SERVICE AS A CONDITION OF DEFERRED OR SUSPENDED SENTENCES.

Senator Tom Towe, of Billings, took the committee through each section briefly and summarized the effect it would have.

Tom Honzel, of the County Attorney's office, spoke in favor of the bill. He pointed out that in some situations the victim of a crime does not want the defendant to go to prison. In those instances the judge is left with deferring or suspending sentence. He feels that this bill would make the sentencing process more meaningful. He also suggested that there should perhaps be a maximum amount of fine specified in the bill.

Mike Steven stated that the Association of Counties

Minutes of January 9, 1981 Page two 3d meeting

supports this bill because of the option it gives the justice system, and because it saves the taxpayers money if a defendant were to pay a fine rather than go to jail. He pointed out that the cost to the county of keeping an individual in jail runs as high as sixteen to thirty dollars per day. In addition, the county would realize some reimbursement from the fines levied.

Senators Mazurek and Towe agreed that the crime of sexual assault should also be an exemption to the imposition of a fine in lieu of or in addition to a sentence.

Karen Mikota, representing the League of Women Voters, stated that the League also supports this bill.

There being no opponents to the bill, or further discussion, the meeting was adjourned at 10:57.

Senator Anderson Chairman, Judiciary Committee

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MINUTES OF MEETING SENATE JUDICIARY COMHITTEE


The fifth meeting of the Senate Judiciary Committee was called to order by Mike Anderson, Chairman, on the above date in Room 331, at 10:00 a.m.

ROLL CALL:



AN ACT TO CONFORM THE STATUTES REGARDING AMENDMENT OF CHARGES IN CRIMINAL CASES TO CASE LAW.

Senator Mazurek, representing District 16, introduced the bill at the request of the Attorney General. Citing the case of State vs. Cardwell (reference Exhibit A, attached to these minutes), Chris Tweeten, from the Attorney General's office, spoke in support of conforming Montana's statutes with case law, as did Tom Honzel, of the County Attorney's office.

There were no opponents, and no questions.


AN ACT Al·1ENDING SECTION 19-5-103, MCA, TO PERMIT A RETIRED JUDGE OR JUSTICE TO SUSPEND PAYMENT OF HIS BENEFIT ALLOWANCE UNDER THE JUDGES' RETIREMENT SYSTEM AND NOT BE SUBJECT TO A CALL FOR DUTY DURING THIS SUSPENSION.

This bill was sponsored by Senator Crippen, of Billings, Senate District 33. He stated that he could think of three reasons why a judge might want to suspend his retirement -because of tax ramifications; to get another job which might make him subject to the criticism of double dipping; or if he just didn't want to be a judge anymore.

Questions centered around problems which might be caused by a judge's deciding to elect in and out of the retirement program as his needs changed, whether this might cause a shortage of judges available to hear water rights adjudications, and whether or not the bill really was needed. In summation, Senator Crippen stated that there probably was a need for its passage, to clarify and codify into statute that which is

Ml~uces or Canuary Page four 5th meeting

_:::0 l

Senator Anderson said that if we do away with a list of exemptions the affadavit must be mandatory in order for the judge to have something to use as a basis for his decision.

Senator Berg said that before our staff member is directed to do extensive research on the bill, this committee should decide wjether or not they feel it stands a chance of passage.

DISPOSITION OF SENATE BILL 75:

Senator S. Brown moved that this bill receive a DO PASS. His motion was seconded, and passed unanimously. It was unanimously voted to have G~is bill placed on the Consent Calendar.

FURTHER CONSIDERATION OF SENATE BILL 40:

Senator Olson stated that he tends to be against passage of a law which would bene:it one person.

Senator Crippen said that the committee should decide whether or not the bill's proponent, Senator Hafferman, would be able to bring back anything which would influence the committee enough to pass it.

~

Senator Anderson said that as a courtesy he would delay disposition of the bill until notifying Senator Hafferman of its probable failure.


Previous discussion on this bill concerned the fact that sexual assault had been omitted as an exclusion to the crimes which could be punished with either or both a fine and a prison sentence.

Senator Mazurek quoted Tom Honzel as saying that no maximum on the fine limit left a situation where a defendant could not be advised of his probable punishment. He felt that a maximum amount of fine should be included.

Senator Anderson asked David Niss to write an amendment adding sexual assault and to clarify the provision for both a fine and imprisonment in the case of crimes against a person, and to include a maximum fine.

Senator S. Brown suggested a maximum of fifty thousand dollars, a sum which was unanimously approved.

The meeting adjourned at 11:49 a.m.

cgq~~~ Senator Anderson ~ Chairman, Judiciary Committee

PROPOSED AMENDMENTS TO SB 14

1. Title, line 7 Following: "cases" Insert: "and misdemeanor cases"

2. Page 1, line 12 Following: "cases" Insert: "and misdemeanor cases"

3. Page 1, line 14. Following: "felony" Insert: "or misdemeanor"

4. Page 2. Following: line 3 Insert: "or misdemeanor"


January 22, 1981

~

Page 1.

The eleventh meeting of the Senate Judiciary Committee was called to order by Mike Anderson, Chairman, on the above date in Room 331, at 10:00 a.m.

ROLL CALL:



Senator Don Ochsner, District 26, Miles City, presented the bill for the clerks of district court. He stated that this bill would simplify some of the duties of the clerks of the district court.

Dan Bockvich, one of the clerks of court present, presented written testimony (marked Exhibit A and attached to these minutes) .

Clara Gilreath, Clerk of District Court in Helena went on record as supporting the bill.

Senator Mazurek asked if the Supreme Court Administrator had any objections to the bill, and was told by Mr. Bockvich that there were no such objections.


Senator Ochsner presented this bill on behalf of the clerks of district court. He pointed out that the bill suggested a change in jury selection and in jury pay.

Florence McGiboney, Cascade Clerk of District Court, stated that the clerks of court wanted to be appointed jury corrunissioners so that the judges would not be the only ones able to excuse a juror. She also stated that they would prefer that there be no categories of automatic exemption.

Lorraine Van Ausdol, Clerk of Court in Gallatin County, spoke in favor of each section of the bill. She stressed that the changes suggested in the bill would free district judges from many of their more mundane tasks, allowing them to spend more time on their case loads.


Senator Anderson stated that the crime of aggravated

,

11th meeting

kidnapping had been overlooked when the amendments (marked Exhibit C and attached to these minutes) were drawn up for this bill. Senator Halligan had drawn up proposed amendments (marked Exhibit B and attached to these minutes) in which misdemeanors had been added as crimes punishable by a fine. Senator Halligan moved that his amendments be adopted, and the motion passed unanimously. It was then decided that revision of amendments and the additional amendments would be referred to David Niss for further work.


Senator Anderson introduced Frances Elge, who is a lawyer and was an administrative law judge with the Interior Department for twenty-three years. Ms. Elge passed out copies of actual probate cases (marked Exhibit D and attached to these minutes) showing the complications which could result from passage of this bill as it is written. To avoid fractionalizing estates beyond a reasonable limit, she suggested striking from line 13, page 6, through line 11, page 7, and reinserting the language from the present law. Subsection (4) would be renumbered (3) and subsection (5) would become (4).

~1t~ aL!/A;4~ Senator Anderson Chairman, Judiciary Committee



The twelfth meeting of the Senate Judiciary Committee was called to order by Mike Anderson, Chairman, on the above date in Room 331, at 10:00 a.m.

ROLL CALL:

All members were .present.

Chairman Anderson read from letters which he had received concerning various bills the committee has considered. These letters are marked Exhibits A through C, and are attached to these minutes.


AN ACT TO MAKE IT A MISDEMEANOR TO MAKE A FALSE STATEMENT FOR THE PURPOSE OF OBTAINING A CHECKING, SAVINGS, OR SHARE DRAFT ACCOUNT FROM A FINANCIAL INSTITUTION.

The bill was presented by Senator S. Brown on behalf of Senator Van Valkenburg, who was unable to attend this meeting. Senator Brown stated that the savings and loan association supports the bill.

Michael Weigel, with the State Crime Prevention Association and member of the Missoula police, stated that check problems are increasing at a rate double that of other crimes, and that under present law nothing can be done about the offender until he actually passes a bad check -- and by that time the bank has lost money.

Jean Boyce, Operations Officer of the First Security Bank, Missoula, spoke in support of the bill.

Senator S. Brown suggested that the bill be amended on page 1, line 11, by inserting "purposely or" before "knowingly".

Senator Berg said that he felt the banks probably should already be on top of their new accounts, and that this bill would not be necessary, or even necessarily helpful in preventing false statements in setting up a new account.

Senator Olson wanted to know why savings accounts were included in line 13, and was told by Ms. Boyce that the opening of a new savings account entitles a customer to

Page two 12th meeting

the other services offered by the bank, including cashing out-of-town checks.

Senator S. Brown stated that Senator Van Valkenburg would come to the executive session when this bill would be decided.


AN ACT TO INCREASE FROM $1,500 to $7,500 THE VALUE OF AN ESTATE THAT MAY BE ADMINISTERED USING THE SMALL ESTATE SUMMARY PROCEDURE; AMENDING SECTIONS 72-3-1101, 72-3-1103, and 72-3-1104, MCA.

This bill was presented by Senator Hager, who stated that attorneys, including Senator Turnage, support the bill.

J. C. Weingartner said that this bill would hasten most estate settlements, and said that the State Bar Association supports its passage.


/ Senator S. Brown moved that the bill DO PASS. This motion carried unanimously.

AMENDMENT OF SENATE BILL 149:

Senator S. Brown moved to amend the bill en page 1, line 11, by inserting after the word "who", the words "purposely or". This motion was passed unanimously.


David Niss stated that by including all of the felonies for which there is no fine currently allowed, he has had to amend this bill and also go back into all sections defining the individual offense to amend the punishment for felonies. Senator Anderson said that he feels the bill has enough merit to warrant this additional effort.


The proposed amendments (marked Exhibit D and attached to these minutes) have been approved by J. C. Weingartner and by Senator Hafferman.

Senator S. Brown suggested taking the words "district" and "judge" out in both places that the words appear in the amendment. He also suggested striking "Section 1" at the

MINUTES OF MEETING SENATE JUDI:IARY COMMITTEE

February 4, 1981

The nineteenth meeting of the Senate Judiciary Committee was called to order by Mike Anderson, Chairman, on the above date in Room 331, at 10:00 a.m.

ROLL CALL:


cor~SIDERATION OF SENATE JOINT RESOLUTION 4:

TO URGE CONGRESS AND FEDERAL BRANCHES TO IMPLEMENT WAY; TO MAKE GROUPS INTERVENING IN CONSTRUCTION OF 3NERGY FACILITY PROCEEDINGS RESPONSIBLE FOR THEIR ACTS.

Senator Hafferman, District II, Lincoln County, introduced the bill. He then introduced into the record signed petitions suppOrtlng passage of this resolution (marked Exhibit A and attached to these minutes), and spoke briefly about the importance to this state and nation of acquiring added energy sources.

Speaking briefly but fervently in support of the bill were: Jiln Challinor, Libby; Bob Dennis, Libby, President and stockholder of B & J Homes, Inc.; Clarence Johnson, Libby; Don Allen, Executive Director of the Montana Petroleum Corporation; Peter Jackson, Executive Director of the W. E. T. A.i Pat Stuart, from the Coal Council, who offered an amendment (marked Exhibit B and attached to these minutes); F. H. Boles, President of the Montana Chamber of Commerce; George Johnston, ASARCO; Bill Hand, Montana MiniIlg Association; Charlie Crane, Montana Water Development Association; and Pat Wilson, of Montco.

Senator Crippen stated that he felt the bill would deprive the environmentalists of the right to judicial review, while leaving that option open to the developing corporations.

DISPOSITION OF SENATE JOINT RESOLUTION 4:

Senator Olson moved that the bill be amended as shown on Exhibit B attached to these minutes. In a roll call vote his motion failed five to four. Senator Olson then moved that the bill pass as it stands; this motion also failed on a five to four roll call vote. Senator Crippen then moved that the bill DO NOT PASS, and his motion carried five to

Minutes of February 4, 1981 Page two 19th meeting

four. The previous roll call vote was reversed by a unanimous decision.

FURTHER CONSIDERATION OF SENATE BILL-14:

David Niss reported that there would be ninety-seven sections of law affected by the change in the felony penalty approved by the committee. He then said that he would check into the possibility of using a codification instruction to eliminate some of the work which would be required in amending so many sections of law.


Senator Anderson suggested that it become an interim matter to be handled next session. Senator Berg moved that the bill do not pass. His motion failed. Senator Crippen then moved that the bill be amended on page 6 as shown on the attached Committee Report, and his motion passed unanimously. Senator Mazurek then moved that the bill be further amended on pages 20,21, and 23, as shown on th~- attached Con~ittee Report; and the motion passed unanimously. Senator Mazurek then moved that the bill DO PASS AS AYiliNDED, and the motion passed unanimously. David Niss was charged with drafting a statement of intent to accompany the Committee Report.


Senator Anderson said that he would discuss with Senator Van Valkenburg the problems the committee has with the repealers.

DISPOSAL OF SENATE BILL 174:

Senator Halligan moved that the bill DO PASS. Senator Crippen's vote was the only one in opposition to the motion.


David Niss will have complete by February 5 an amendment to remove_any legal requirements now in state law that a licensed physician or nurse administer the lethal injection.

Chairman Anderson brought up the information he had collected relative to suggested committee bills which would possibly originate in this committee. Senator Berg moved that a bill or bills be drafted by David Niss relative-to the matters brought up by the Jardine, Stephenson, Blewett & Weaver law firm, concerning Sections 39-3-206 and 214, MCA, and Section 71-1-320,MCA. His motion carried unanimously.

MINUTES OF MEETING SENATE JUDICIARY CO}rnITTEE

February 7, 1981

The twenty-second meeting of the Senate Judiciary Committee was called to order by Mike Anderson, Chairman, on the above date in Room 331, at 10:00 a.m.

ROLL CALL:



Senator S. Brown moved that the amendments, illustrated on the attached Committee Report, be adopted. His motion passed unanimously. He then moved that the bill DO PASS AS AMENDED, and that motion carried unanimously.

DISpOSITION OF SENATE BILL 120:

Senator S. Brown moved tnat the amendments, illustrated on the attached Committee Report, be adopted. His motion passed with Senators Mazurek and Tveit opposing. Senator S. Brown then moved that the bill DO PASS AS AMENDED, and the motion carried with Senators Crippen, Mazurek and Tveit opposing, and Senator Berg abstaining.


Senator Anderson moved that the bill be amende:: on page 2, line 3, by striking "6" and inserting "2". Senator S. Brown substituted "3" for '''2'', and his motion carried with Senators Anderson and Berg in opposition.

It was moved that the first amendment on the attached Committee Report be adopted; and it carried with Senators Crippen and Olson in opposition.

Senator S. Brown moved for adoption of the sixth and seventh amendments on the attached Committee Report, and his motion carried unanimously.

Senator S. Brown then moved that the third, fourth, fifth and eighth amendments on the attached Committee Report be adopted, and his motion carried with Senators Berg and Crippen opposing.

Senator S. Brown's motion that the bill DO PASS AS AMENDED carried with Senator Crippen in opposition.

ROLL CALL

JUDICIARY COMMITTEE

~~h- LEGISLATIVE SESSION - - 1981 'Date 2/07/81

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Chairman.

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Cb~ttc(! 0:1. JuJi<.:iary Sij 14 Paye 2.

.... '- 7 "", ................................. ~.q.~.+:~~J:""...!. ..... ..r •..•• 19 .. ~ ......... .

5. Page 1, li~e 17. Pollowing: ·~S-5-401(2),~ Insert; n45-5-SJ2(3),D

6. Pag~ 1. Following: lim~ 18 Str~e: ·L~ lieu of ora L~sart: ~i~ accordanc~ ~i~ s~bsection (3)·

7. Page 1. Pollo'.."'ing: 1 ine 19 Inssrt: .. {2} WneneVer,. ufJO~ a varcict or plea of guilty, a perso:~

has been found guilty of an offense for whic~ a ~sdewealor penalty of a fine cv·uLl De il:lpos~j, the cou.rt may impose a finiJ only i:. a~cord~~c~ witb subsection (3j."

Re~u:nber: subsequ.~!lt sectio:;;s

a • Page 2 I 1 il"~c 1. StrL~a: "Tne" Llsart: i1A..'lY'" Follmd.':'"lg: .. fiua" L"lsert: "levic:u under this sectior:. in 3. felorlj case" E'ollowing: ·'court"· Insert: "noe. to exceed $50,OGJ"

:3. Pa~e 2 • . Follo-.ii.:lS: line 3 ID";clr~: "or !+~sa.emear.or"

10. Page 5, line 22. Following: ~instr~cticn.· Iasert: n (I) It

11. i>ii=Je 5. FOllOnL"lg: line 25 L""lsert: .. (2) 'l'iliolro i.s add.et1 to Ulo!>e sections listed in subsection

(1) of section 1, following ~le language in those sections sih~cify.L').g the ti;rI:l of b~risonr.1ent for w3ich an offenJer !:lay be ll::?risoncd., the ","oras ".:L'1d ua"1 Le finea not more thaa $50 ,'lOa" or Oeier si.milar laIlljuJ.g<; allowing the court to fine the offender a ~inum of $50,000 L, addition to a tern of iBpriso:::L~ent. The cadi] COl.:::::.:issio::'lcr shall c~a...""lgG ttlC listcd. secti·:ms in accordan~e with t~i5 section and may "Clake ni:tor in~ide.ntal at.!juSt.filent.s co!1siatent \<litt"l thi~ section as ;;:"uy be necessary to reflect the intent of tnis section \O;i t...'1.out Cl1art;in<j the D<::a.ning of the listed sections as amenueu bj this section.

(3) 'l'nere is adut:!O. to thos~ sectio!ls list0d in subsection (4) of thig nection., follO\~ .. inJ allY lang~ilga in t.:10ge sections specifying t.be. t:.t!nu. of i:::prisoIlr.:!ent for wI-lien an offender r.1ay be iZ!.?risoneQ b':.lt -:"o'ithout specifying a fine that !",dly be ordered to be paid, the word.s l'or snaIl Ue puni~~h~d by a fine of not. tt.:>re tr'1an $5G t JOG or

conti:lued

STATE PUB. co. Chairman. Helena, Mont.

r ., .. •• ',) ..L.lj

Pcb=uary 7, ~l .................................................................... 19 ........... .

by bot.n such fine an'; im?risonli!ent~, or other siI'lllar language allowing t...'1e court to fine Wi:: offender a maxL":1~ of $50,000 in lieu of imprisomae . .'1t )r to pun.ish the offender by bob a fine and im~riscnnent. The cole co~ssioner shall change the 1isted sections in accorda..>'l:: t with tbis section and :nay make minor L'"lcidental ajjust.'ilenc s consistaat ..... ith this section as may be necessary to z-efleCi:. ::he intent of this section without changing tL.e ::1eaaing of t:le Ii .ted sections as ar.;u;nded by this section.

(4) 13-27-2}5, ~J-27-20o, 19-11-217, 20-9-435, 23-5-106, 3J-13-1~2, 32-1-23S, 32-1-473, 32-1-SJS, 45-5-104, 45-5-204, ~5-5-1J5, 45-5-201, 4i-5-203, 45-5-204, 45-5-304, 45-5-505 2

45-5-6J3, 45-5-613, 4~-5-G21, 45-6-101, 45-6~lG2, 45-5-103, 45-~-~J4, 45-6-301, ~ >-6-316, 45-5-317, ~S-6-325, 45-6-327, 45-7-101, 45-7-102, 4 ;-7-201, 45-7-236, C5-7-2J7, 45-7-203, 45-a-lO~, 45-3-215, 4i-8-318, tS-S-334, 45-3-335, 45-9-101(4), 45-9-1~2(4), 45-3-103:3),45-9-107,45-19-213,46-19-502, 4G-31~20~, 50-33-1u7, 61-3-504, El-5-102 ~,d e1-9-113.~

}\I1d, as so aru3l1"'!~d, :)0 PA.5S

. '

....... ..!-:!D:..c ... ~-J."'l..d.erson. ................................................... >:--STATE PUB. CO. Chairman.

Helena, Mo",t.

MINUTES OF THE MEETING OF THE JUDICIARY COMMITTEE March 6, 1981

The meeting of the House Judiciary Committee was called to order by Chairman Kerry Keyser at 8:00 a.m. in Room 437 of the Capitol. All members were present except Rep. Iverson, Rep. Matsko, and Rep. Huennekens, who were excused. Jim Lear, Legislative Council, was present.

SENATE BILL 119 SENATOR OCHSNER, chief sponsor, stated this bill is to revise the duties of district court clerks.

DAN BUKVICH, Clerk of District Court, was in favor of the bill. EXHIBIT 1.

There were no further proponents.

There were no opponents.

The Senator closed the bill.

REP. KEYSER asked if the sections that were beingrepealen with this bill were covered in other areas of law. BUKVICH replied yes.

SENATE BILL 120 SENATOR OCHSNER, chief sponsor, stated this bill is to revise the law relating to juries. It raises the pay of the jurors that are selected. It also designates the clerk of the court as jury commissioner.

CLARA GILREATH, Clerk of District Court, supports the bill. It updates the administrative procedure. It alloWS the clerk to be appointed jury commissioner. Current law requires the judge to select jurors one by one through a drawing of capsules. In the smaller counties where a judge is only available once a month the clerks are taking over this responsibility presently. This bill will make their actions legal.

LORRAINE VAN AUSTOL, Clerk of the Court in Bozeman, stated this bill is to help make it easier for calling of the jury. The judges in her county support the bill. A juror who is called and does not serve will receive an appearance fee of $12.00. Those who are selected for the jury will receive $25.00 per day. EXHIBIT 2.



SENATOR OCHSNER closed the bill.

REP. KEEDY asked about excused jurors. GILREATH replied many jurors come in and do not sit at the questioning. Before t3e court session begins they ask for an excuse to leave. It happens more than what some people realize. REP. EUDAILY asked who approves

Judiciary Committee March 6, 1981 Page 4

MIKE MELOY, Montana Trial Lawyers Association, opposed the bill. This bill makes it clear that negligence applies whether guilty or not. MELOY did not like lines 21-25 on page 1 of the bill. The plaintiff should be able to chose who he wants to sue. Trial lawyers are likely to sue the person most likely to prevail on a particular case. That permits the defendant to bring in many people.


In closing, SENATOR MAZUREK stated it is the courts job to decide who is responsible. Anyone of the defendants should be able to sue by one lawsuit. It is a function of the court.

REP. HANNAH asked what the supreme court's opinion was. SENATOR MAZUREK replied the supreme court examined the legislative history. They suggest this is a matter for the legislature to work out.

REP. EUDAILY asked about 19a in the bill. Should it be 19b? SENATOR MAZUREK replied it should be 19b but it might be more appropriate to leave it just as 19 to accomplish the intent of the bill.

There was no further discussion on the bill.

SENATE BILL 14 SENATOR TOWE, chief sponsor, stated this bill's purpose is to amend 46-18-201 providing for fines and assessment of costs in felony criminal cases. There are certain white collar crimes, where for a variety of reasons, incarceration is not a likely solution, yet nothing else is available. It is to add to punishments. It also prqvides that the individual can be required to pay the court costs.

Section 1 provides in felony cases where penalties of imprisonment may be imposed. Crimes against the body are in addition to that. It does not make sense to fine the criminal. If he is not able to pay the fine he must take into account the nature of the burden.

Section 4 limits the amount to $50,000. In addition to the fine or in lieu of the fine, he may be required to pay court costs, transportation costs, witness fees, etc., depending on if he can pay the costs. The only way to revoke this is if he fails to make a good faith effort to pay. Installment payments are available.

This bill puts money into the general county fund. Section 6 of the bill makes it govern to existing law.

TOM HONZEL, County Attorneys, supports the bill. There were a number of felony cases that did provide for fines. In aggravated assualt

Judiciary Co~~ittee March 6, 1981 Page 5

cases, the defendant could be fined up to $10,000.

Judges were imposing fines for deferred sentences. The Code Commissioners and County Attorneys thought the court did have that authority. This would give us a needed option. It would help out in theft cases and white-collar crimes.

MIKE STEPHEN, Montana Association of Counties, supports the bill. Counties pay 83% of the cost currently. While they do benefit from the money there is also an option of not putting that person in prison. Many times that is the option of the judge. STEPHEN feels this bill gives good flexibility.



The Senator closed the bill.

REP. BENNETT asked about two separate embezzlement crimes, one involving a bank employee and the other the bank president. The Senator replied it would depend on the judge in each particular case as to the outcome.

REP. KEYSER asked about the installment payments. The sponsor replied the criminal would pay monthly installments until the debt was cleared. If he did not pay he would be picked up and thrown in jail.

That ended the discussion on Senate Bill 14.

The meeting adjourned at 10:30 a.m.

VISITORS' REGISTER -I~ - HOUS? ______ J_U_D_I_C_I_A_.R_Y ______________ COMMITTEE

SENATE BILL 14' -----------------------------SPONSOR ____ T_o_w_e ________ .-________ _

I I "1 ;j

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RESIDENCE

Date 3/6/81

REPRESENTING

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-----------------+---------------------+---------------------~-----T---I

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IF YOU CARE TO WRITE COMMENTS, ASK SECRETARY FOR LONGER FORM.

Form CS-33 1-81

PLEASE LEAVE PREPARED STATEMENT WITH SECRETARY.

MINUTES OF THE MEETING OF THE JUDICIARY CO~lliITTEE

March 10, 1981

The executive session of the House Judiciary Committee was called to order at 9:00 a.m. in Room 437 of the Capitol by Chairman Kerry Keyser. All members were present except Rep. Huennekens, who was excused and Rep. Bennett, who was absent. Jim Lear, Legislative Council, was present.

SENATE BILL 14 REP. DAILY moved do not pass.

REP. DAILY felt this would punish the poor and benefit the rich.

REP. CONN made a substitute motion of do pass. This may provide some punishment for people who commit white collar crimes.

REP. DAILY responded the rich people know the judges, therefore, the rich people will receive the fine and the poor people will go to jail.

REP. YARDLEY supported the substitute motion. County attorneys have been supporting this type of legislation for years. - This gives a more realistic measure to go by.

REP. HANNAH stated the committee has been saying the judges are too sUbjective. This bill is a step in the wrong direction. We are condoning a system nobody likes. Page 3 of the bill, lines 1-8 indicate if he loses his job there is no penalty. REP. HANNAH felt this was a questionable bill.

REP. CONN stated it would be punitive to punish the entire family when it was the father who committed the action.

REP. KEYSER stated he felt the installment payment plan of the bill was a problem, however, the person could be brought back in for missing a payment, which might be a deterrent.

The motion of do pass resulted in a roll call vote. Those voting yes were: KEYSER, CONN, EUDAILY, IVERSON, MATSKO, ANDERSON, AB~~S, KEEDY, YARDLEY, TEAGUE and BROWN. Those voting no were: SEIFERT, HANNAH, MCLANE, DAILY, and SHELDEN. The motion carried 11 to 5.

SENATE BILL 120 REP. DAILY moved do pass.

REP. BROWN moved to strike sections 2, 3, and 8 from the bill. The motion carried unanimously.

REP. DAILY moved do pass as amended. The motion carried unanimously.

SENATE BILL 159 REP. KEEDY moved to strike the new section, page 4, lines 15-24 and to renumber subsequent sections. The motion carried.

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-End

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Chapter g 8) - Montana Legislatureleg.mt.gov/content/Committees/Interim/2015-2016/Sentencing/... ·...

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Transcript of Chapter g 8) - Montana Legislatureleg.mt.gov/content/Committees/Interim/2015-2016/Sentencing/... ·...