Ordinance 993 - Mandatory Sentence for DUIsM8
ORDINANCE NO. q 9-
AN ORDINANCE TO AMEND SECTION #17--23 (d) , KALISPELL CITY CODE, (GRI)IN-
ANCE NO. 788) TO PROVIDE MANDATORY SENTENCES FOR DRIVING OR BEING IN
CONTROL OF A MOTOR VEHICLE WITHIN THE CITY WHILE UNDER THE INFLUENCE
OF ALCOHOL OR DRUGS; TO REQUIRE DEFENDANTS'TO PARTICIPATE IN AN ALCO-
HOL INFORMATION COURSE, INCLUDING ALCOHOL OR DRUG TREATMENT IF CON-
SIDERED NECESSARY; TO PROVIDE AN EXPUNGING OF THE DEFENDANT'S RECORD
AFTER FIVE (5) YEARS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTAN.A,
AS FOLLOWS:
SECTION I. Section #17-23(d) of the Kalispell City Code (Ordin-
ance No. 788) is amended to hereafter read:
"Section 17-23. Persons driving, etc. while under the in-
fluence of intoxicating alcohol or drugs; penalty.
/ a) through c) same as parent ordinance 7
d) Penalty.
(1) A person convicted of a violation of this sec-
tion or of Section 61--8--401(l) , MCA, or any
similar ordinance enacted by a Montana city or
town under authority of Section 61--5-401(5),
MCA, may, in the discretion of the court, be
punished by imprisonment in jail for up to 24
hours, and shall be punished by a fine of not
less than $100 nor more than $500. The jail
sentence may not be suspended unless the
judge finds that the imposition of the jail
sentence will pose a risk to the defendant's
physical or mental well. -being.
(2) On a second conviction, he shall be punished
by a fine of not less than $300 nor more than
$500 and by imprisonment for not less than 7
days nor more than 30 days. Three days of
the jail sentence may not be suspended unless
the judge finds that the imposition of the
jail sentence will pose a risk to the defen-
dant's physical or mental well --being.
(3) In addition to the punishment provided in
this section, regardless of disposition, the
defendant shall complete an alcohol informa-
tion course at an alcohol treatment program
approved by the State of Montana Department of
Institutions which may include alcohol or drug
treatment or both if considered necessary by
the counselor conducting the program. Each
counselor providing such education or treat-
ment shall, at the commencement of the educa-
tion or treatment, notify the court that the
defendant has been enrolled in a course or
treatment program. If the defendant fails to
attend the course or the treatment program,
the counselor shall notify the court of the
failure.
(4) For the purpose'of determining the number of
convictions under this section, "conviction"
means a final conviction, as defined in
45-2-101, MCA, or a forfeiture of bail or col-
lateral deposited to secure the defend- is
appearance in court, which forfeiture has not
been vacated. An offender is considered to
have been previously convicted for the pur-
poses of this section if less than 5 years
have elapsed between the commission of the pre-
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sent offense and a previous conviction.
If there has been no additional convic-
tion for an offense under this section
for a period of 5 years after a prior
conviction hereunder, then such prior
offense shall be expunged from the de-
fendant's record."
SECTION II. All other provisions of Section 17--23, Kalispell
City Code (Ordinance No. 788 as amended by Ordinance No. 918) shall
remain in full force and effect.
SECTION III. This ordinance shall be effective thirty days
from and after its final passage by the Council and approval by the
Mayor.
FINALLY PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL,
MONTANA, AND APPROVED BY THE MAYOR THIS DAY OF
1981.
NorMa app, Mdyor
ATTEST:
Marjorie Giermann, City Clerk
I, Marjorie Giermann, City Clerk -of the City of Kalispell., Montana, do certify that on
the _day of ��, 19,F% , I posted a copy of the foregoing ordinance
in my offic , and the same remained posted until the second reading on the / ( day of
and the foregoing is a true and co ct copy of the ordinance
as passed by the City Council. 4 17 A t
City Cl- of the City of Kalispell, Montana