Criminal Justice (Courts)

introduced · Montana · Legislature Feb 24, 2025

LC 3229: Generally revise criminal procedure laws

This bill amends Montana's criminal procedure laws to require law enforcement officers to show a search warrant to a known lawful occupant of a property before conducting a search. It also mandates that officers provide a copy of the warrant and a receipt for seized property to the person from whom it was taken or leave these documents at the location. The amendment clarifies that failing to provide these documents does not make the seized property inadmissible in court. The changes apply immediately upon the bill's passage and approval.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill enhances police accountability by requiring warrant display and receipt provision, protecting civil rights while maintaining evidence admissibility.85% confidence

Sub-Topics Courts Law Enforcement

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introduced · Montana · Legislature Feb 17, 2025

LC 4145: Revise laws related to perjury and false swearing

This bill amends Montana laws on perjury and false swearing to clarify definitions, adjust penalties, and establish investigation requirements. It directly affects individuals who make false statements under oath in official proceedings, court cases, or notarized documents. The bill requires that credible allegations of perjury or false swearing be investigated by agencies outside the judiciary, mandates minimum prison sentences ranging from 6 months to 10 years for perjury convictions, and clarifies rules about inconsistent statements and materiality. Additionally, it maintains existing protections for defendants, such as allowing retractions before a falsification substantially affects a proceeding and limiting convictions when proof relies solely on one witness.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill strengthens perjury laws with clearer definitions, adjusted penalties, and external investigation requirements, enhancing judicial integrity and accountability.85% confidence

Sub-Topics Corrections Courts

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introduced · Montana · Legislature Feb 21, 2025

LC 3788: Revise code commissioner duties to include repealing unconstitutional policies from Montana code

This bill amends the duties of Montana's Code Commissioner to require the official to recommend legislation that removes laws permanently enjoined by courts as facially unconstitutional. The change specifically directs the Code Commissioner to identify and suggest repealing statutes that are no longer in effect due to final court rulings declaring them unconstitutional. This provision adds a new category of laws to be addressed alongside existing duties like eliminating outdated or redundant statutes. The amendment would affect the legislative process by ensuring unconstitutional laws are formally recommended for removal from the Montana Code Annotated.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill removes unconstitutional laws, protecting civil rights and enhancing judicial oversight within criminal justice system85% confidence

Sub-Topics Courts

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introduced · Montana · Legislature Feb 24, 2025

LC 2938: Generally revise laws related to the judiciary

This bill revises Montana judiciary laws to allow Supreme Court justices or district court judges to issue subpoenas for internet crimes against children task force officers investigating the sexual exploitation of minors, enabling them to request specific digital records like account information and payment details. It reorganizes the Judicial Standards Commission by allocating it to the Department of Justice for administrative purposes while maintaining its independent decision-making authority, and prohibits judges from serving as the commission's presiding officer. Additionally, the bill establishes a higher burden of proof for constitutional challenges to legislative acts, requiring challengers to prove unconstitutionality beyond a reasonable doubt, and sets effective dates for these changes.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill strengthens judicial authority to investigate child exploitation crimes by enabling subpoenas for digital records, enhancing law enforcement capabilities in criminal justice.85% confidence ✓ TechnologySupports TechnologyBill enables law enforcement to obtain digital records for child exploitation investigations, strengthening cybersecurity and protecting minors from online harm.85% confidence

Sub-Topics Courts

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introduced · Montana · Legislature Nov 18, 2024

LC 251: Provide for attorneys to appear remotely

This bill allows public defense attorneys to participate in certain court hearings remotely using two-way audio and video technology. It specifically applies to nonsubstantive hearings such as arraignments, bond hearings, and scheduling conferences, where the final outcome of the case is not decided. Courts retain the authority to require attorneys to appear in person if there is good cause, such as a lack of available technology, and must provide written justification at least five business days before the hearing. The legislation also establishes clear definitions for remote appearance and nonsubstantive hearings to ensure consistent implementation across Montana courts.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill enhances access to legal representation through remote technology, improving efficiency and defendant rights in criminal proceedings.85% confidence ✓ TechnologySupports TechnologyBill promotes remote access to legal services using technology, enhancing digital equity and access to justice through two-way audio/video capabilities.85% confidence

Sub-Topics Courts

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introduced · Montana · Legislature Feb 22, 2025

LC 2851: Generally revise laws related to determination and restoration of fitness in criminal proceedings

This bill revises Montana laws governing fitness determinations in criminal cases, involuntary medication procedures, and contempt of court definitions. It clarifies specific acts that constitute contempt, including interference with court proceedings and witness obligations, while adding protections for facilities that cannot admit patients due to lack of beds or missing medical records. The legislation also updates commitment procedures for individuals requiring examination and establishes rules for involuntary medication administration. Additionally, it modifies how state funding covers certain district court expenses and grants rulemaking authority to relevant agencies.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill clarifies contempt definitions and adds protections for facilities, improving procedural fairness in criminal proceedings and protecting civil rights.75% confidence

Sub-Topics Courts

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introduced · Montana · Legislature Feb 20, 2025

LC 1594: Generally revise protection order laws

This bill creates a new legal process in Montana called an extreme risk order of protection, which allows law enforcement officers or family members to petition a court to temporarily remove firearms from individuals who pose a significant risk of causing personal injury to themselves or others. The law requires petitioners to file a sworn affidavit detailing specific actions or statements that indicate a threat of violence, along with information about any firearms the respondent may possess. If granted, the order prohibits the respondent from owning, purchasing, or possessing firearms and mandates the surrender of any weapons in their custody, while also revoking any concealed weapon permits they hold. The bill establishes procedures for filing petitions in district courts, including provisions for emergency ex parte orders without prior notice in certain situations, and requires courts to provide standardized forms and resources to petitioners without charging filing fees.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill strengthens public safety by enabling firearm removal from high-risk individuals, reducing potential harm and supporting crime prevention within criminal justice framework.85% confidence

Sub-Topics Courts Law Enforcement

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introduced · Montana · Legislature Dec 5, 2024

LC 727: Generally revise laws related to child abuse and neglect investigations

This bill requires that child protection specialists, peace officers, or county attorneys obtain a court warrant before removing a child from their home, except in cases of imminent risk of sexual or physical abuse where waiting for a warrant would be too dangerous. The law mandates that an abuse and neglect petition be filed within 72 hours after an emergency removal, and warrants must be executed within 10 days of issuance. Additionally, the bill establishes a voluntary registry to notify close relatives when a child is removed from their home and updates state policy to emphasize that forced removal should only occur when there is reasonable cause to suspect imminent harm.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill enhances child protection oversight by requiring warrants for removals and establishing accountability timelines, strengthening judicial process and law enforcement accountability in child abuse cases.85% confidence

Sub-Topics Courts Tags Children

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introduced · Montana · Legislature Jan 25, 2025

LC 1830: Revise temporary investigative authority of department of health and human services in child abuse and neglect cases

This bill amends Montana law to clarify that the Department of Public Health and Human Services cannot remove children from their homes while exercising temporary investigative authority in child abuse or neglect cases. The legislation limits temporary investigative orders to a maximum of 90 days and requires the department to seek separate emergency protective services court orders if child removal becomes necessary. This change ensures that investigations into suspected abuse or neglect do not automatically result in taking children into custody, separating the investigative process from removal decisions. The bill directly affects child welfare workers, legal professionals, and families involved in child protection proceedings by defining the scope of temporary court orders more clearly.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill strengthens child protection by clarifying investigative authority limits and requiring court oversight for removals, enhancing due process in juvenile cases.85% confidence

Sub-Topics Courts

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introduced · Montana · Legislature Feb 5, 2025

LC 61: Limit state government use of personal electronic data

This bill restricts Montana state and local government agencies from purchasing or obtaining personal electronic data, including text messages, emails, location data, and subscriber information, except when authorized by a search warrant based on probable cause or specific exceptions like emergency situations or consent. It requires warrants for accessing stored data on electronic devices and makes any data obtained without proper legal authority inadmissible in court proceedings. The law also mandates that collected electronic communications be deleted after investigations conclude and clarifies rules about who can learn about government data requests. These changes directly affect law enforcement agencies and other government bodies that currently seek electronic evidence from service providers.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill protects civil rights and enhances police accountability by restricting unauthorized access to personal electronic data, requiring warrants for data access.90% confidence ✓ TechnologySupports TechnologyBill protects personal data privacy by restricting government access to electronic data without warrants, strengthening digital rights and privacy protections.95% confidence

Sub-Topics Courts Law Enforcement

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