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Heated testimony as committee considers 'Bobby’s Law' creating aggravated vehicular homicide offense
Summary
Representative Braxton Mitchell asked the Senate Judiciary Committee to approve House Bill 267, which would create an aggravated vehicular homicide offense for drivers with blood‑alcohol concentrations of 0.16 or greater who cause a death and would impose mandatory minimum prison time in many cases.
Representative Braxton Mitchell opened the hearing on House Bill 267, a bill to create an aggravated vehicular homicide offense for drivers who kill another person while operating a vehicle with a blood alcohol concentration of 0.16 or higher. The bill also would add a three‑year mandatory minimum in many cases and would limit courts’ ability to suspend execution of the first three years of a sentence except as already allowed under specified statutory exceptions.
Hundreds of Montanans — including multiple family members of people killed by intoxicated drivers — testified in favor. Elizabeth McBride, whose son Bobby was killed on March 11, 2023, described a prosecution that resulted in misdemeanor sentences and urged lawmakers to enact the new aggravated offense so families would not face what she described as “a slap on the wrist” when a fatality involves extreme intoxication. Several other family members detailed fatalities and injuries they said occurred when drivers had very high BACs; many testified that current penalties were insufficient.
State and local officials also supported the measure. Chris Dorrington, director of the Montana Department of Transportation, said engineering and education alone do not prevent impaired driving and that enforcement — including stricter penalties — makes a difference. Cascade County Attorney Josh Rakhi and the Montana County Attorneys Association supported the bill and highlighted an amendment removing a requirement to prove negligent driving in addition to high BAC; they told the committee the removal prevents a prosecution problem where juries would have to find separate negligence beyond intoxication.
Representatives of the Department of Corrections appeared as informational witnesses and described uncertainty about future prison population impacts and program needs; the deputy DOC director said population estimates rely on multiple data points and are best estimates. Committee members asked about rehabilitation services, DOC capacity, and whether judges already can impose three‑year terms. Prosecutors argued judges often do not impose lengthy incarceration for these cases absent mandatory minimums, and supporters said the mandatory minimum sends a legislative message about seriousness.
Opponents did not appear in force during the hearing; sponsors and witnesses said an amendment was possible to resolve technical issues related to charging and double‑jeopardy concerns. Representative Mitchell asked for a “do pass.” The hearing record contained many victim statements and statements from DOT, county attorneys, sheriffs, and behavioral‑safety staff urging the committee to advance the bill for floor consideration.
