HomeMy WebLinkAbout17- Ordinance 1975 Clarifying that Victims of Municipal Criminal Offenses Shall be Awarded Restitution o�BIZ
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
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Ordinance 1975, Clarifying Victims of Criminal Bozeman Municipal Code Offenses are to be Provided Restitution
shall be founded on the principals of prevention,reformation,public safety, and restitution
for victims."
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(5), 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-juud e 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
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Ordinance 1975, Clarifying Victims of Criminal Bozeman Municipal Code Offenses are to be Provided Restitution
of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full
force and effect.
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
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.
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CARSON TAYLOR
Mayor
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ATTEST: -: •
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ROBIN CROUGH qT•1.883 0" '
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 19th day of
June, 2017. The effective date of this ordinance is July 19, 2017.
CARSON TAYLOR
Mayor
ATTEST:
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ROBIN CROUGI*
City Clerk 9'•,l j g83 .'��
�L�TI • • • 10� APPRO AS TO FORM:
N Co.
G SULLIVAN
City Attorney
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