Montana § 46-18-502 Sentencing Of Persistent Felony Offender

Montana Statutes

§ 46-18-502 — Sentencing Of Persistent Felony Offender

Montana·Title 46 CRIMINAL PROCEDURE·Ch. 18 SENTENCE AND JUDGMENT·Part 5 Persistent Felony Offenders

46-18-502 . Sentencing of persistent felony offender.

(1)Except as provided in 46-18-219 and subsection (2) of this section, a persistent felony offender or a persistent felony offender under supervision shall be imprisoned in the state prison for a term of not less than 5 years or more than 100 years or shall be fined an amount not to exceed $50,000, or both, if the offender was 21 years of age or older at the time of the commission of the present offense.

(2)Except as provided in 46-18-219 , an offender shall be imprisoned in a state prison for a term of not less than 10 years or more than 100 years or shall be fined an amount not to exceed $50,000, or both, if:

(a)the offender was a persistent felony offender or a persistent felony offender under supervision, as defined in 46-1-202 ,

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46-18-502 . Sentencing of persistent felony offender. (1) Except as provided in 46-18-219 and subsection (2) of this section, a persistent felony offender or a persistent felony offender under supervision shall be imprisoned in the state prison for a term of not less than 5 years or more than 100 years or shall be fined an amount not to exceed $50,000, or both, if the offender was 21 years of age or older at the time of the commission of the present offense.
(2) Except as provided in 46-18-219 , an offender shall be imprisoned in a state prison for a term of not less than 10 years or more than 100 years or shall be fined an amount not to exceed $50,000, or both, if:
(a) the offender was a persistent felony offender or a persistent felony offender under supervision, as defined in 46-1-202 , at the time of the offender's previous felony conviction;
(b) less than 5 years have elapsed between the commission of the present offense and:
(i) the previous felony conviction; or
(ii) the offender's release on parole, from prison, or from other commitment imposed as a result of the previous felony conviction; and
(c) the offender was 21 years of age or older at the time of the commission of the present offense.
(3) Except as provided in 46-18-222 , the imposition or execution of the first 5 years of a sentence imposed under subsection (1) of this section or the first 10 years of a sentence imposed under subsection (2) of this section may not be deferred or suspended.
(4) Any sentence imposed under subsection (2) must run consecutively to any other sentence imposed.

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Legislative History

En. 95-1507 by Sec. 5, Ch. 513, L. 1973; amd. Sec. 21, Ch. 184, L. 1977; amd. Sec. 11, Ch. 584, L. 1977; R.C.M. 1947, 95-1507(2), (3); amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 1, Ch. 327, L. 1981; amd. Sec. 16, Ch. 482, L. 1995; amd. Sec. 12, Ch. 52, L. 1999; amd. Sec. 29, Ch. 321, L. 2017; amd. Sec. 3, Ch. 649, L. 2023.