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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 Page 1 of 4 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 Page 2 of 4 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. Page 3 of 4 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. v CARSON TAYLOR Mayor oF. • o2�, ATTEST: -: • r� 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: B o2' , oFArk? . . . . .� �� ✓� L ROBIN CROUGI* City Clerk 9'•,l j g83 .'�� �L�TI • • • 10� APPRO AS TO FORM: N Co. G SULLIVAN City Attorney Page 4 of 4