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HB214 • 2025

Provide for prosecution of state crimes for persons subject to federal immigration detention

Provide for prosecution of state crimes for persons subject to federal immigration detention

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Caleb Hinkle
Last action
2025-04-07
Official status
Chapter Number Assigned
Effective date
Not listed

Plain English Breakdown

Checked against official source text during the last sync.

Law for Prosecuting State Crimes Against People in Federal Immigration Detention

This law allows the state to prosecute individuals who are or may be held by federal authorities for immigration violations if they commit other crimes in Montana.

What This Bill Does

  • The state can start a criminal case against someone who is being held or may be held by the federal government for breaking immigration laws, if that person has also broken other state laws.
  • If the state starts a criminal case and it's still going on, they can hand the person over to the federal government when asked, but only after the state finishes its trial.
  • Before deciding not to prosecute someone who might be in federal detention for immigration violations, prosecutors must tell the attorney general first.

Who It Names or Affects

  • People who are or may be held by the federal government because they broke immigration laws
  • State prosecutors and the state's attorney general

Terms To Know

Immigration violations
Breaking rules about entering, staying in, or leaving a country
Prosecution
The process of bringing someone to trial for breaking the law

Limits and Unknowns

  • It does not specify what happens if the state and federal government disagree about when to prosecute.
  • It doesn't explain how this affects people who are already in federal detention.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

COMMITTEE

Plain English: Amendment 1 adds a requirement for prosecutors to notify the attorney general before deciding not to prosecute individuals who may be subject to federal immigration detention.

  • Requires prosecutors to inform the attorney general if they are considering declining to prosecute someone who might face federal immigration issues.
  • The amendment text does not specify what happens after notifying the attorney general, leaving some uncertainty about the next steps in the process.
COMMITTEE

Plain English: COMMITTEE 2

  • The official amendment file could not be read automatically during the last sync, so only the official amendment metadata is shown right now.

Bill History

  1. 2025-04-07 HOUSE

    (H) Signed by Governor

  2. 2025-04-07 HOUSE

    Chapter Number Assigned

  3. 2025-04-01 SENATE

    (S) Signed by President

  4. 2025-04-01 HOUSE

    (H) Transmitted to Governor

  5. 2025-03-28 HOUSE

    (H) Signed by Speaker

  6. 2025-03-26 HOUSE

    (H) Returned from Enrolling

  7. 2025-03-24 SENATE

    (S) Scheduled for 3rd Reading

  8. 2025-03-24 SENATE

    (S) 3rd Reading Concurred

  9. 2025-03-24 HOUSE

    (H) Sent to Enrolling

  10. 2025-03-21 SENATE

    (S) Scheduled for 2nd Reading

  11. 2025-03-21 SENATE

    (S) 2nd Reading Concurred

  12. 2025-03-19 SENATE

    (S) Committee Executive Action--Bill Concurred

  13. 2025-03-19 SENATE

    (S) Committee Report--Bill Concurred

  14. 2025-03-17 SENATE

    (S) Hearing

  15. 2025-02-21 SENATE

    (S) Referred to Committee

  16. 2025-02-13 SENATE

    (S) First Reading

  17. 2025-02-12 HOUSE

    (H) Scheduled for 3rd Reading

  18. 2025-02-12 HOUSE

    (H) 3rd Reading Passed

  19. 2025-02-12 HOUSE

    (H) Transmitted to Senate

  20. 2025-02-11 HOUSE

    (H) Scheduled for 2nd Reading

  21. 2025-02-11 HOUSE

    (H) 2nd Reading Passed

  22. 2025-02-03 HOUSE

    (H) Committee Executive Action--Bill Passed as Amended

  23. 2025-02-03 HOUSE

    (H) Committee Report--Bill Passed as Amended

  24. 2025-01-20 HOUSE

    (H) Hearing

  25. 2025-01-16 HOUSE

    (H) Referred to Committee

  26. 2025-01-16 HOUSE

    (H) First Reading

  27. 2025-01-15 HOUSE

    (H) Introduced

  28. 2025-01-14 HOUSE

    (LC) Draft Delivered to Requester

  29. 2025-01-13 HOUSE

    (LC) Draft in Final Drafter Review

  30. 2025-01-13 HOUSE

    (LC) Draft in Assembly

  31. 2025-01-13 HOUSE

    (LC) Draft Ready for Delivery

  32. 2025-01-10 HOUSE

    (LC) Draft in Edit

  33. 2025-01-10 HOUSE

    (LC) Draft in Input/Proofing

  34. 2025-01-09 HOUSE

    (LC) Draft in Legal Review

  35. 2024-11-19 HOUSE

    (LC) Drafter Assigned

Official Summary Text

Provide for prosecution of state crimes for persons subject to federal immigration detention

Current Bill Text

Read the full stored bill text 
- 2025
69th Legislature 2025 HB 214
- 1 - Authorized Print Version – HB 214
ENROLLED BILL
AN ACT PROVIDING FOR THE PROSECUTION OF STATE CRIMES AGAINST PERSONS THAT ARE
SUBJECT TO FEDERAL IMMIGRATION DETENTION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Criminal prosecution of persons subject to federal immigration detention --
notification to attorney general. (1) The state may initiate a criminal prosecution against a person who is
subject or may be subject to federal detention for federal immigration violations for a violation of criminal law
committed in this state.
(2) If a criminal prosecution has been instituted against a person under the laws of this state and is
still pending, the state may surrender the person to the federal government on demand for federal immigration
violations or hold the person until the person has been tried and discharged or convicted and punished in this
state.
(3) If a prosecutor is considering declining to prosecute a person described in subsection (1), the
prosecutor shall notify the attorney general prior to making the final decision to decline prosecution to allow the
attorney general time to initiate prosecution.
Section 2. Codification instruction. [Section 1] is intended to be codified as an integral part of Title
46, chapter 1, part 1, and the provisions of Title 46, chapter 1, part 1, apply to [section 1].
- END -
I hereby certify that the within bill,
HB 214, originated in the House.
___________________________________________
Chief Clerk of the House
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
HOUSE BILL NO. 214
INTRODUCED BY C. HINKLE, L. SCHUBERT, K. LOVE, T. SHARP, E. BYRNE, L. BENNETT, C. SCHOMER,
E. TILLEMAN, T. MANZELLA, D. ZOLNIKOV, D. EMRICH, J. FULLER, R. MARSHALL, N. NICOL, A. REGIER,
D. LOGE, C. GLIMM, B. LER, J. SCHILLINGER, K. ZOLNIKOV, J. ETCHART, L. DEMING, F. NAVE, B.
USHER, J. GILLETTE, L. BREWSTER, T. FALK, P. FIELDER, G. KMETZ, B. MITCHELL, G. NIKOLAKAKOS,
M. NOLAND, K. SEEKINS-CROWE, Z. WIRTH, S. MANESS, K. BOGNER, J. HINKLE, B. PHALEN
AN ACT PROVIDING FOR THE PROSECUTION OF STATE CRIMES AGAINST PERSONS THAT ARE
SUBJECT TO FEDERAL IMMIGRATION DETENTION.