Montana House Bill HB315

Montana 2023 Regular Session

• Introduced: 1/24/23
• Refer: 1/25/23

Caption

Remove minimum penalty for suspended license

Impact

The removal of the minimum penalty for driving with a suspended or revoked license is anticipated to significantly alter how these offenses are handled in Montana. Advocates of the bill argue that current minimum penalties may lead to excessive incarceration or fines that do not correspond to the severity or intent behind the offense. By giving judges more flexibility, the bill is expected to promote fairer and more individualized sentencing. Furthermore, supporters believe this change will reduce the burden on the judicial system and the overall number of individuals facing severe penalties for lesser infractions.

Summary

House Bill 315 is an act introduced by S. Kerns that seeks to remove the minimum penalty associated with driving a motor vehicle while one’s license is suspended or revoked. The bill aims to amend section 61-5-212 of the Montana Code Annotated, which currently outlines penalties for such offenses. By eliminating the minimum penalty, the legislation intends to provide judges with more discretion in sentencing, allowing them to assess penalties based on the specific circumstances of each case rather than adhering to a standardized minimum punishment.

Contention

Notably, the proposed changes to HB 315 may spark debates surrounding public safety and accountability. Opponents could argue that eliminating minimum penalties for driving offenses could give the impression that driving with a suspended license is a trivial matter, potentially endangering public safety. Critics might be concerned that this leniency could lead to an increase in such offenses, undermining the seriousness with which driving regulations are treated in the state. As discussions continue, it will be essential to balance the needs for judicial discretion with public safety interests.