Revise laws regarding legislative subpoenas

****
69th Legislature 2025 SB 457
- 1 - Authorized Print Version – SB 457
ENROLLED BILL
AN ACT REVISING ENFORCEMENT OF LEGISLATIVE SUBPOENAS; PROVIDING A PROCEDURE TO
POLL THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OR THE SENATE WHEN A WITNESS OR
PERSON COMPELLED TO PRODUCE RECORDS FAILS TO COMPLY WITH A LEGISLATIVE SUBPOENA;
PROVIDING A MISDEMEANOR PENALTY OF CRIMINAL CONTEMPT OF THE LEGISLATURE; AMENDING
SECTIONS 5-5-109 AND 5-11-107, MCA; AND PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Procedure for certifying contempt of legislature. (1) Either house of the legislature, a
committee of either house, a committee established under legislative rules, a statutory committee, or an interim
committee with power to issue a subpoena under 5-5-107 or 5-11-107 may commit a witness that fails to
appear or a person that fails to produce records for criminal contempt of the legislature by following the
procedure in this section.
(2) (a) If the legislature is in session when the failure to abide the subpoena occurs, a simple
resolution setting forth the statement of facts in subsection (3) may be introduced in the chamber that issued
the subpoena. A majority of members present may adopt the resolution, enter it into the journal, and commit the
witness or person for contempt of the legislature.
(b) If the legislature is not in session when the violation occurs, a proclamation of contempt setting
forth the statement of facts in subsection (3) may be sent to members of the chamber that issued the subpoena
through a legislative poll under the provisions of subsection (4). A majority of the members of the relevant
chamber may vote to adopt the proclamation of contempt and commit the witness or person for contempt of the
legislature.
(3) (a) The simple resolution in subsection (2)(a) or the proclamation of contempt in subsection
(2)(b) may be requested and signed by the speaker of the house for a subpoena in the house, the president of
****
69th Legislature 2025 SB 457
- 2 - Authorized Print Version – SB 457
ENROLLED BILL
the senate for a subpoena in the senate, or the presiding officer of a committee provided for in subsection (1).
(b) The simple resolution or proclamation of contempt must include a statement of facts regarding
the witness's failure to appear or the person's failure to produce any record pursuant to a subpoena issued
under the authority of the legislature or a legislative committee.
(4) (a) A signed proclamation of contempt must be sent to the secretary of state to poll the
members of the relevant chamber to determine if a majority of the members of the relevant chamber are in
favor of adopting the proclamation of contempt and committing the witness or person for contempt of the
legislature. If the proclamation of contempt involves a subpoena that was issued by a committee with voting
members of both the house and the senate, the secretary of state shall poll both chambers.
(b) Within 3 calendar days after receiving a proclamation of contempt, the secretary of state shall
send a ballot to all legislators of the relevant chamber by using any reasonable and reliable means, including
electronic delivery, that contains:
(i) the proclamation of contempt; and
(ii) the date by which legislators shall return the ballot, which may not be more than 10 calendar
days after the date the ballots were sent.
(c) A legislator may cast and return a vote by delivering the ballot in person, by mailing, or by
sending the ballot by facsimile transmission or electronic mail to the office of the secretary of state. A legislator
may not change the legislator's vote after the ballot is received by the secretary of state. The secretary of state
shall tally the votes within 1 working day after the date for return of the votes. If a majority of the members of
the relevant chamber vote to approve the proclamation of contempt, the proclamation is considered adopted by
the relevant chamber and the witness or person is in found to be in contempt of the legislature. A ballot that is
not returned by the deadline established by the secretary of state is considered a vote against the proclamation
of contempt. If the proclamation of contempt is sent to both chambers, a majority of the members of both
chambers must vote to approve the proclamation of contempt for it to be adopted.
(5) Upon adoption of a simple resolution in subsection (2)(a) or the proclamation of contempt in
subsection (2)(b), the speaker of the house for a subpoena in the house or the president of the senate for a
subpoena in the senate shall certify the adopted resolution or proclamation of contempt to the attorney general
for criminal contempt of the legislature and prosecution under [section 2].
****
69th Legislature 2025 SB 457
- 3 - Authorized Print Version – SB 457
ENROLLED BILL
Section 2. Criminal contempt of legislature. (1) Upon adoption of a resolution or proclamation of
contempt under [section 1] the witness or person that is determined to be in contempt by the legislature must
be charged with criminal contempt of the legislature, and convicted if the witness or person is found to have
knowingly engage in the following conduct:
(a) fails to appear as a witness;
(b) appears as a witness but neglects or refuses to testify; or
(c) fails to produce any record requested.
(2) A prosecution for criminal contempt of the legislature may only commence upon completion of
the procedures set forth in [section 1].
(3) A person convicted of the offense of criminal contempt of the legislature is guilty of a
misdemeanor and on conviction must be fined not to exceed $1,000, or be imprisoned in the county jail for a
term not to exceed 12 months, or both.
Section 3. Section 5-5-109, MCA, is amended to read:
"5-5-109. Contempt -- misdemeanor. (1) If a witness neglects or refuses to obey a subpoena or,
appearing, neglects or refuses to testify before either house of the legislature, a committee of either house, a
committee established under legislative rules, or a statutory committee or an interim committee, the senate or
house may, by resolution entered on the journal, commit the witness for criminal contempt as provided in
[section 1].
(2) If a person compelled to produce records under 5-5-107(3) neglects or refuses to obey a
subpoena before either house of the legislature, a committee of either house, a committee established under
legislative rules, or a statutory committee or an interim committee, the senate or house may, by resolution
entered on the journal, commit the witness for contempt as provided in [section 1].
(3) A person who neglects or refuses to obey a subpoena under violates subsection (1) or (2) as
determined by the senate or the house pursuant to [section 1] is guilty of a misdemeanor punishable criminal
contempt of the legislature as provided in 46-18-212 [section 2]."
****
69th Legislature 2025 SB 457
- 4 - Authorized Print Version – SB 457
ENROLLED BILL
Section 4. Section 5-11-107, MCA, is amended to read:
"5-11-107. Powers relating to hearings. (1) In the discharge of its duties, a committee of either
house, a committee established under legislative rules, a statutory committee, or an interim committee may
hold hearings, administer oaths, issue subpoenas, compel the attendance of witnesses and the production of
papers, books, accounts, documents, and testimony, and cause depositions of witnesses to be taken in the
manner prescribed by law for taking depositions in civil actions in district court.
(2) If a person disobeys a subpoena issued by a committee of either house, a committee
established under legislative rules, a statutory committee, or an interim committee or if a witness refuses to
testify on any matters regarding which the witness may be lawfully interrogated, the :
(a) the district court of any county shall, on application of the committee, compel obedience by
proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from a
district court or a refusal to testify in the district court; or
(b) the committee may pursue a legislative resolution or proclamation of contempt to commit the
witness or person for the crime of criminal contempt of the legislature as provided in [sections 1 and 2]."
Section 5. Codification instruction. (1) [Section 1] is intended to be codified as an integral part of
Title 5, chapter 5, part 1, and the provisions of Title 5, chapter 5, part 1, apply to [section 1].
(2) [Section 2] is intended to be codified as an integral part of Title 45, chapter 7, part 3, and the
provisions of Title 45, chapter 7, part 3, apply to [section 2].
Section 6. Effective date. [This act] is effective July 1, 2025.
- END -
I hereby certify that the within bill,
SB 457, originated in the Senate.
___________________________________________
Secretary of the Senate
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
SENATE BILL NO. 457
INTRODUCED BY S. VINTON, K. BOGNER
AN ACT REVISING ENFORCEMENT OF LEGISLATIVE SUBPOENAS; PROVIDING A PROCEDURE TO POLL
THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OR THE SENATE WHEN A WITNESS OR
PERSON COMPELLED TO PRODUCE RECORDS FAILS TO COMPLY WITH A LEGISLATIVE SUBPOENA;
PROVIDING A MISDEMEANOR PENALTY OF CRIMINAL CONTEMPT OF THE LEGISLATURE; AMENDING
SECTIONS 5-5-109 AND 5-11-107, MCA; AND PROVIDING AN EFFECTIVE DATE.