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House Judiciary hears 'Bobby’s Law' to create aggravated vehicular homicide tied to aggravated DUI

House Judiciary Committee · January 27, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

Proponents, including victims' family members and advocacy groups, urged the House Judiciary Committee to pass House Bill 267 to create an aggravated vehicular homicide offense tied to aggravated DUI (commonly a 0.16% BAC or other aggravated factors), add a three-year mandatory minimum and prevent deferred sentencing; committee discussion focused on an amendment to remove a negligence element and practical effects for prosecution.

Representative Braxton Mitchell opened a House Judiciary Committee hearing on House Bill 267 on behalf of victims and families who say Montana’s existing DUI laws let some drivers who cause deaths face only minimal penalties. The bill would create a new offense—aggravated vehicular homicide while under the influence—tied to existing aggravated-DUI definitions and impose a mandatory minimum prison term of three years and fines between $10,000 and $50,000.

Why it matters: Montana ranks near the top nationally for drunk-driving fatalities per capita, according to witnesses at the hearing, and proponents said the bill closes a gap prosecutors have identified. “Montana leads the nation in drunk driving fatalities per capita,” Representative Mitchell said in his opening remarks, arguing the change would make roads safer and ensure stronger accountability. Families of several victims described short sentences they say were insufficient and urged lawmakers to act.

What the bill would do: As introduced and as explained in committee, the bill adds a new section that makes it an aggravated vehicular homicide to cause a death while committing an…

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