Read the full stored bill text
- 2025
69th Legislature 2025 HB0581.2
- 1 - Authorized Print Version – HB 581
1 HOUSE BILL NO. 581
2 INTRODUCED BY D. BAUM, B. EDWARDS, J. ISALY, M. LEE, S. KELLY, P. STRAND, B. CLOSE, A.
3 GRIFFITH, C. SPRUNGER, B. BARKER, M. THANE, D. JOY
4
5 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING LAWS RELATED TO OFFICERS OF THE COURT;
6 ALLOWING A POLICE CHIEF TO APPOINT A SPECIAL SERVICE OFFICER AS A COURT OFFICER;
7 REVISING THE DEFINITION OF "SPECIAL SERVICES OFFICER" TO ALLOW FOR FULL-TIME, PAID
8 OFFICERS; ALLOWING A COURT OFFICER TO TRANSPORT A DEFENDANT TO THE PLACE OF
9 DETENTION; AND AMENDING SECTIONS 3-6-303 AND 7-32-201, MCA.”
10
11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
12
13Section 1. Section 3-6-303, MCA, is amended to read:
14 "3-6-303. Officers of court -- definitions. (1) The chief of police of the city is the executive officer of
15 the municipal court. The chief of police shall serve all process and execute all orders of the court, either in
16 person or by subordinate police officer, who shall execute process in the chief's name.
17 (2) The chief of police, with the approval of the judge, shall appoint one or more police officers, or
18 reserve officers, as defined in 7-32-201 or full-time or part-time special service officers authorized to carry a
19 firearm and acting under the supervision of the city police, as court officers, one of whom shall attend the
20 sessions of the court and perform all duties in connection with the court that the judge may require. IF A COURT
21REMANDS A DEFENDANT INTO CUSTODY, A COURT OFFICER HAS AUTHORITY TO TRANSPORT THE DEFENDANT TO THE
22PLACE OF DETENTION.
23 (3) For the purposes of this section, "reserve officers" and "special service officers" have the same
24 meanings as provided in 7-32-201."
25
26Section 2. Section 7-32-201, MCA, is amended to read:
27 "7-32-201. Definitions. As used in this part, the following definitions apply:
28 (1) "Auxiliary officer" means an unsworn, part-time, volunteer member of a law enforcement
- 2025
69th Legislature 2025 HB0581.2
- 2 - Authorized Print Version – HB 581
1 agency who may perform but is not limited to the performance of such functions as civil defense, search and
2 rescue, office duties, crowd and traffic control, and crime prevention activities.
3 (2) "Council" means the Montana public safety officer standards and training council established in
4 2-15-2029.
5 (3) "General law enforcement duties" means patrol operations performed for detection, prevention,
6 and suppression of crime and the enforcement of criminal and traffic codes of this state and its local
7 governments.
8 (4) "Law enforcement agency" means a law enforcement service provided directly by a local
9 government.
10 (5) "Law enforcement officer" means a sworn, full-time, employed member of a law enforcement
11 agency who is a peace officer, as defined in 46-1-202, and has arrest authority, as described in 46-6-210.
12 (6) "Reserve officer" means a sworn, part-time, volunteer member of a law enforcement agency or
13 a part-time, paid member of a law enforcement agency serving as a court officer as provided in 3-6-303. The
14 volunteer member or the part-time paid member is a peace officer, as defined in 46-1-202, and has arrest
15 authority, as described in 46-6-210, only when authorized to perform these functions as a representative of the
16 law enforcement agency.
17 (7) "Special services officer" means an unsworn, full-time or part-time, volunteer or paid member of
18 a law enforcement agency who may perform functions, other than general law enforcement duties, that require
19 specialized skills, training, and qualifications, who may be required to train with a firearm, and who may carry a
20 firearm while on assigned duty as provided in 7-32-239."
21 - END -