HomeMy WebLinkAbout06-05-17 City Commission Packet Materials - A4. Ordinance 1975 Provisional, Victim Restitution
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Greg Sullivan, City Attorney
SUBJECT: Provisional Adoption of Ordinance 1975 – an ordinance clarifying victims
of criminal Bozeman Municipal Code offenses are to be provided restitution MEETING DATE: June 5, 2017
AGENDA ITEM TYPE: Action
RECOMMENDATION: Provisionally adopt Ordinance 1975
SUGGESTED MOTION: After considering the staff memorandum and presentation, and public comment, I hereby provisionally adopt Ordinance 1975.
BACKGROUND: Under Montana criminal law and the Constitution of the State of Montana
victims of criminal offenses are eligible for restitution. The Bozeman City Commission has
created criminal offense for actions such as vicious animals and certain driving offenses. The purpose of this ordinance is to provide specific authority in the Bozeman Municipal Code parallel to the restitution provisions in state law for the ordering of restitution to victims of
offenses made criminal by the Bozeman Municipal Code. This ordinance is one of numerous
implementation actions regarding preparation for the effectiveness of Marsy’s Law (effective
July 1, 2017). Article 11, Section 28(1) of the Montana Constitution can be found here.
Marsy’s Law (codified as Art. 11, Section 36 of the Montana Constitution) can be found here.
Existing Montana code provisions on criminal restitution (46-18-210(5), MCA) can be found
here.
UNRESOLVED ISSUES: None.
ALTERNATIVES: None recommended.
FISCAL EFFECTS: None other than existing costs associated with processing restitution
proceedings. The adoption of this ordinance is not expected to add additional workload to city
agencies involved in the criminal justice system. Attachments: Ordinance 1975
Report compiled on: May 18, 2017
432
ORDINANCE NO. 1975
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ADDING SECTION 1.01.220 TO CHAPTER 1 OF THE BOZEMAN
MUNICIPAL CODE TO CLARIFY THAT VICTIMS OF MUNICIPAL CRIMINAL
OFFENSES SHALL BE AWARDED RESTITUTION.
WHEREAS, Article XI, section 6, of the Montana Constitution, and Montana Code
Annotated § 7-1-101 permits self-governing local governments to exercise any power not
otherwise prohibited by constitution, law, or charter; and
WHEREAS, clarification that the victims of municipal criminal offenses shall be provided
restitution is in the interests of justice.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Legislative Findings:
1. There are a number of municipal offenses that are not covered by state law, including
vicious animals and certain driving offenses.
2. Upon conviction, a violator should be required to make victims financially whole.
3. Adoption of this Ordinance implements and is consistent with Article 11, Section 28(1) of
the Constitution of the State of Montana which states, “Laws for the punishment of crimes
shall be founded on the principals of prevention, reformation, public safety, and restitution
for victims.”
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Ordinance 1975, Clarifying Victims of Criminal Bozeman Municipal Code Offenses are to be Provided Restitution
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4. Adoption of this Ordinance implements and is consistent with Marsy’s Law (Article 11,
Section 36(1)(n) of the Constitution of the State of Montana) which provides the rights of
a victim of crime to “full and timely restitution.”
5. Montana Code Annotated, Title 46 already provides for restitution for the victims of
offenses, and the intent of this Ordinance is to clarify the City of Bozeman's intent that
these State statutory provisions apply to municipal offenses.
Section 2
That the Bozeman Municipal Code be amended by revising Chapter 1 to add the following:
Sec. 1.01.220. - Criminal Restitution.
A. Pursuant to Montana Code Annotated § 46-18-201, as amended, and Art. II Sect. 28(1)
and Art. II Sect. (36)(1)(n) of the Constitution of the State of Montana, in addition to
any other penalties imposed, if a person has been found guilty of violating a provision
of the Bozeman Municipal Code that constitutes a misdemeanor, upon a verdict of
guilty or a plea of guilty or nolo contendere and the sentencing judge finds that a victim,
as defined in Montana Code Annotated § 46-18-242, as amended, has sustained a
pecuniary loss, the sentencing judge shall, as part of the sentence, require payment of
full restitution to the victim, as provided in Montana Code Annotated §§ 46-18-241
through 46-18-249, regardless of whether any part of the sentence is deferred or
suspended.
Section 3
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances
of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full
force and effect.
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Ordinance 1975, Clarifying Victims of Criminal Bozeman Municipal Code Offenses are to be Provided Restitution
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Section 4
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 5
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 6
Codification.
This Ordinance shall be codified as indicated in Section 2.
Section 7
Effective Date.
This ordinance shall be in full force and effect immediately upon adoption.
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Ordinance 1975, Clarifying Victims of Criminal Bozeman Municipal Code Offenses are to be Provided Restitution
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PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 5th day of June, 2017.
____________________________________
CARSON TAYLOR
Mayor
ATTEST:
____________________________________
ROBIN CROUGH
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 201_. The effective date of this ordinance is __________, __, 201_.
_________________________________
CARSON TAYLOR
Mayor
ATTEST:
_______________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
436