Montana Code Annotated
Title 44. Law Enforcement

44-1-110. Highway patrol administration state special revenue account - 44-1-110. Highway patrol administration state special revenue account. (1) There...

Part 2. Highway Patrol Chief

44-1-201. Appointment and tenure - 44-1-201. Appointment and tenure. The attorney general shall select a...

44-1-202. Qualifications - 44-1-202. Qualifications. The person named as chief shall have been...

44-1-203. Salary and expenses - 44-1-203. Salary and expenses. The chief shall receive a salary...

Part 3. Powers and Duties of Chief Relating to Patrol Officers

44-1-301. General supervisory powers - 44-1-301. General supervisory powers. The chief shall have direct control...

44-1-302. Powers relating to supervisory personnel -- quotas prohibited - 44-1-302. Powers relating to supervisory personnel -- quotas prohibited. The...

44-1-303. Duties - 44-1-303. Duties. The chief, with the approval of the attorney...

Part 4. Appointment of Patrol Officers

44-1-401. Qualifications of patrol officers - 44-1-401. Qualifications of patrol officers. Patrol officers shall possess the...

44-1-402. Appointment of supervisory personnel - 44-1-402. Appointment of supervisory personnel. Supervisory personnel shall be selected...

44-1-403. Repealed - 44-1-403. Repealed. Sec. 2, Ch. 414, L. 1991. History: En....

44-1-404. Status of replacements for patrol officers who enter the armed forces - 44-1-404. Status of replacements for patrol officers who enter the...

Part 5. Salaries and Expenses

44-1-501. Payment of expenses - 44-1-501. Payment of expenses. The highway patrol must be partially...

44-1-502. Repealed - 44-1-502. Repealed. Sec. 2, Ch. 363, L. 1987. History: En....

44-1-503. Salary upon permanent appointment - 44-1-503. Salary upon permanent appointment. If a probationary patrol officer...

44-1-504. Special revenue account to partially fund highway patrol officers' salaries - 44-1-504. (Temporary) Special revenue account to partially fund highway patrol...

44-1-505. through 44-1-510 reserved - 44-1-505 through 44-1-510 reserved.

44-1-511. Payment of salary benefit to officers injured in performance of duty - 44-1-511. Payment of salary benefit to officers injured in performance...

44-1-512. Determination of eligibility for salary benefit - 44-1-512. Determination of eligibility for salary benefit. (1) The highway...

44-1-513. Periodic medical examinations -- waiver of right to salary benefit - 44-1-513. Periodic medical examinations -- waiver of right to salary...

44-1-514. Discontinuation of salary benefit when retirement allowance granted - 44-1-514. Discontinuation of salary benefit when retirement allowance granted. Payment...

44-1-515. Assignment to light duty or another position within department of justice - 44-1-515. Assignment to light duty or another position within department...

44-1-516. Effect on probationary status - 44-1-516. Effect on probationary status. If the injured officer is...

44-1-517. Subrogation - 44-1-517. Subrogation. The state has a cause of action for...

44-1-518. Contribution for retirement -- length of service credit -- transfer of retirement contributions - 44-1-518. Contribution for retirement -- length of service credit --...

Part 6. Probationary Status and Tenure

44-1-601. Probationary training and service -- patrol officers - 44-1-601. Probationary training and service -- patrol officers. A new...

44-1-602. Probationary training and service -- supervisory personnel - 44-1-602. Probationary training and service -- supervisory personnel. All newly...

44-1-603. through 44-1-610 reserved - 44-1-603 through 44-1-610 reserved.

44-1-611. Tenure - 44-1-611. Tenure. Each person employed or appointed and designated as...

44-1-612. Cause for suspension, demotion, or discharge - 44-1-612. Cause for suspension, demotion, or discharge. Cause for suspension,...

Part 7. Disciplinary Action -- Preliminary Procedure

44-1-701. Authority of department of justice to suspend or demote - 44-1-701. Authority of department of justice to suspend or demote....

44-1-702. Preferring charges - 44-1-702. Preferring charges. (1) The charge or charges against any...

44-1-703. When charges dismissed - 44-1-703. When charges dismissed. When charges are filed and the...

44-1-704. When department of justice to order hearing - 44-1-704. When department of justice to order hearing. When charges...

44-1-705. Suspension pending hearing and decision - 44-1-705. Suspension pending hearing and decision. If the department of...

Part 8. Disciplinary Action -- Hearing and Decision

44-1-801. Notice of hearing - 44-1-801. Notice of hearing. (1) The department of justice shall,...

44-1-802. Authority of department of justice -- conduct of hearing - 44-1-802. Authority of department of justice -- conduct of hearing....

44-1-803. Rights of accused - 44-1-803. Rights of accused. The accused patrol officer is entitled...

44-1-804. Rendering and filing of decision - 44-1-804. Rendering and filing of decision. The department of justice...

44-1-805. Reinstatement and backpay upon exoneration - 44-1-805. Reinstatement and backpay upon exoneration. If after the hearing...

44-1-806. Disciplinary action - 44-1-806. Disciplinary action. (1) If after a hearing, the department...

44-1-807. Length of suspension - 44-1-807. Length of suspension. A member under suspension shall be...

44-1-808. Demotion pay status - 44-1-808. Demotion pay status. In cases of disciplinary action resulting...

Part 9. Disciplinary Action -- Appeal to Court

44-1-901. Right to appeal - 44-1-901. Right to appeal. (1) A patrol officer who is...

44-1-902. Action by court - 44-1-902. Action by court. The district court shall review a...

44-1-903. Reinstatement and backpay upon reversal or modification - 44-1-903. Reinstatement and backpay upon reversal or modification. If the...

44-1-904. through 44-1-908 reserved - 44-1-904 through 44-1-908 reserved.

44-1-909. Exemption - 44-1-909. Exemption. A member of the highway patrol covered by...

44-1-910. Waiver - 44-1-910. Waiver. A patrol officer may waive, in writing, the...

Part 10. Jurisdiction of Patrol Officers

44-1-1001. Offenses for which patrol officers may make arrests - 44-1-1001. Offenses for which patrol officers may make arrests. (1)...

44-1-1002. No authority in labor disputes - 44-1-1002. No authority in labor disputes. Such highway patrol officers...

44-1-1003. Offenses on highways, rest areas, and state highway properties adjacent to the highway or involving motor vehicles - 44-1-1003. Offenses on highways, rest areas, and state highway properties...

44-1-1004. Authority concerning livestock or livestock products in transit - 44-1-1004. Authority concerning livestock or livestock products in transit. Patrol...

44-1-1005. Motor carriers safety -- enforcement -- violations - 44-1-1005. Motor carriers safety -- enforcement -- violations. (1) The...

Part 11. Procedure for Arrests

44-1-1101. Duty of patrol officer upon making arrest - 44-1-1101. Duty of patrol officer upon making arrest. Upon making...

44-1-1102. Procedure when patrol officer accepts bail or driver's license in lieu of bail - 44-1-1102. Procedure when patrol officer accepts bail or driver's license...

44-1-1103. Check in lieu of cash - 44-1-1103. Check in lieu of cash. (1) In the case...

Chapter 2. Investigation, Communication, and Identification

Part 1. Criminal Investigation

44-2-101. Repealed - 44-2-101. Repealed. Sec. 14, Ch. 503, L. 1985. History: En....

44-2-102. Repealed - 44-2-102. Repealed. Sec. 14, Ch. 503, L. 1985. History: En....

44-2-103. Repealed - 44-2-103. Repealed. Sec. 27, Ch. 525, L. 1979. History: En....

44-2-104. through 44-2-110 reserved - 44-2-104 through 44-2-110 reserved.

44-2-111. Definition of agent - 44-2-111. Definition of agent. As used in this part, "agent"...

44-2-112. Repealed - 44-2-112. Repealed. Sec. 4, Ch. 280, L. 1991. History: En....

44-2-113. Qualifications of agents - 44-2-113. Qualifications of agents. Each agent must be a person...

44-2-114. Personnel covered by PERS - 44-2-114. Personnel covered by PERS. All agents and assisting personnel...

44-2-115. Powers and duties of agents - 44-2-115. Powers and duties of agents. An agent appointed by...

44-2-116. Cooperation of state agencies - 44-2-116. Cooperation of state agencies. All state departments and agencies...

44-2-117. Racial profiling prohibited -- definitions -- policies -- complaints -- training - 44-2-117. Racial profiling prohibited -- definitions -- policies -- complaints...

Part 2. State System of Criminal Identification

44-2-201. Establishment of state system - 44-2-201. Establishment of state system. The department of justice shall...

44-2-202. Assistance to and instruction of local officers - 44-2-202. Assistance to and instruction of local officers. The department...

44-2-203. Repealed - 44-2-203. Repealed. Sec. 27, Ch. 525, L. 1979. History: En....

44-2-204. Repealed - 44-2-204. Repealed. Sec. 27, Ch. 525, L. 1979. History: En....

44-2-205. Withholding of salary of officer who fails to provide information - 44-2-205. Withholding of salary of officer who fails to provide...

44-2-206. Cooperation with FBI and other states - 44-2-206. Cooperation with FBI and other states. The department shall...

Part 3. Criminal Justice Information Network

44-2-301. Establishment -- inclusion of other state agencies - 44-2-301. Establishment -- inclusion of other state agencies. (1) The...

44-2-302. Powers of attorney general - 44-2-302. Powers of attorney general. In order to operate the...

44-2-303. Federal cost sharing - 44-2-303. Federal cost sharing. The attorney general shall contact federal...

44-2-304. Report by attorney general - 44-2-304. Report by attorney general. The attorney general shall submit,...

44-2-305. through 44-2-310 reserved - 44-2-305 through 44-2-310 reserved.

44-2-311. Participation by local and other agencies - 44-2-311. Participation by local and other agencies. Any county, city,...

44-2-312. Authorization of operational charge - 44-2-312. Authorization of operational charge. The attorney general may establish...

44-2-313. Payment of charge - 44-2-313. Payment of charge. With the exception of federal agencies...

44-2-314. Use of money -- records - 44-2-314. Use of money -- records. The state treasurer may...

44-2-315. Removal from network upon nonpayment - 44-2-315. Removal from network upon nonpayment. Law enforcement agencies, other...

44-2-316. Repealed - 44-2-316. Repealed. Sec. 10, Ch. 5, L. 2013. History: En....

Part 4. Missing Persons -- Unidentified Bodies

44-2-401. Missing persons -- dental records - 44-2-401. Missing persons -- dental records. (1) Any person who...

44-2-402. Dental examination -- records -- report - 44-2-402. Dental examination -- records -- report. (1) If the...

44-2-403. through 44-2-406 reserved - 44-2-403 through 44-2-406 reserved.

44-2-407. Department of justice missing persons response -- missing persons specialist - 44-2-407. Department of justice missing persons response -- missing persons...

44-2-408. Missing person reports - 44-2-408. Missing person reports. (1) All law enforcement authorities in...

44-2-409. and 44-2-410 reserved - 44-2-409 and 44-2-410 reserved.

44-2-411. Missing indigenous persons task force -- membership -- duties -- reporting - 44-2-411. (Temporary) Missing indigenous persons task force -- membership --...

44-2-412. Looping in native communities network grant program - 44-2-412. (Temporary) Looping in native communities network grant program. (1)...

44-2-413. Looping in native communities network state special revenue account - 44-2-413. (Temporary) Looping in native communities network state special revenue...

Part 5. Missing Children

44-2-501. Short title - 44-2-501. Short title. This part may be cited as the...

44-2-502. Definitions -- legislative intent - 44-2-502. Definitions -- legislative intent. (1) As used in this...

44-2-503. Missing children information program - 44-2-503. Missing children information program. (1) The department of justice...

44-2-504. Reports to missing children information program -- custodial interference - 44-2-504. Reports to missing children information program -- custodial interference....

44-2-505. Duties of law enforcement authority - 44-2-505. Duties of law enforcement authority. Whenever a parent, guardian,...

44-2-506. List of missing Montana school children - 44-2-506. List of missing Montana school children. (1) The superintendent...

44-2-507. Notice to parents of children absent from school - 44-2-507. Notice to parents of children absent from school. The...

44-2-508. through 44-2-510 reserved - 44-2-508 through 44-2-510 reserved.

44-2-511. School enrollment procedures to aid identification of missing children - 44-2-511. School enrollment procedures to aid identification of missing children....

Part 6. Escape or Release From Confinement -- Notification

44-2-601. Notification of escape or release from confinement - 44-2-601. Notification of escape or release from confinement. (1) The...

Part 7. Drug Abuse Resistance Education (D.A.R.E.) (Repealed)

44-2-701. Repealed - 44-2-701. Repealed. Sec. 1, Ch. 53, L. 2013. History: En....

44-2-702. Repealed - 44-2-702. Repealed. Sec. 1, Ch. 53, L. 2013. History: En....

44-2-703. Repealed - 44-2-703. Repealed. Sec. 1, Ch. 53, L. 2013. History: En....

44-2-704. Repealed - 44-2-704. Repealed. Sec. 1, Ch. 53, L. 2013. History: En....

44-2-705. Repealed - 44-2-705. Repealed. Sec. 1, Ch. 53, L. 2013. History: En....

Part 8. Blue Alert Program

44-2-801. Blue alert program - 44-2-801. Blue alert program. (1) There is a state alert...

Chapter 3. Montana Forensic Science System Act

Part 1. General Provisions Forensic Science

44-3-101. Short title - 44-3-101. Short title. This chapter shall be known as the...

44-3-102. Purpose - 44-3-102. Purpose. The purpose of this chapter is to authorize...

44-3-103. Repealed - 44-3-103. Repealed. Sec. 14, Ch. 503, L. 1985. History: En....

44-3-104. Functions of department - 44-3-104. Functions of department. The forensics functions of the department...

44-3-105. Authority to accept grants - 44-3-105. Authority to accept grants. The department of justice is...

44-3-106. Power of attorney general to employ personnel - 44-3-106. Power of attorney general to employ personnel. The attorney...

Part 2. Medical Examiners

44-3-201. State chief medical examiner - 44-3-201. State chief medical examiner. A state chief medical examiner...

44-3-202. Repealed - 44-3-202. Repealed. Sec. 8, Ch. 689, L. 1989. History: En....

44-3-203. Associate medical examiners -- qualifications - 44-3-203. Associate medical examiners -- qualifications. Associate medical examiners, including...

44-3-204. Associate medical examiners -- compensation - 44-3-204. Associate medical examiners -- compensation. Associate medical examiners may...

44-3-205. Deputy state medical examiner - 44-3-205. Deputy state medical examiner. Deputy state medical examiners are...

44-3-206. through 44-3-210 reserved - 44-3-206 through 44-3-210 reserved.

44-3-211. Duties of state chief medical examiner and deputy medical examiner - 44-3-211. Duties of state chief medical examiner and deputy medical...

44-3-212. Repealed - 44-3-212. Repealed. Sec. 8, Ch. 689, L. 1989. History: En....

44-3-213. Report to county attorney - 44-3-213. Report to county attorney. When the cause of death...

44-3-214. Records - 44-3-214. Records. Copies of records and detailed findings of autopsy...

Part 3. Laboratory of Criminalistics

44-3-301. Laboratory of criminalistics - 44-3-301. Laboratory of criminalistics. (1) There is a laboratory of...

44-3-302. Fees for laboratory services - 44-3-302. Fees for laboratory services. The laboratory may charge reasonable...

44-3-303. Duties of laboratory director - 44-3-303. Duties of laboratory director. There is a director of...

44-3-304. Repealed - 44-3-304. Repealed. Sec. 8, Ch. 689, L. 1989. History: En....

Part 4. Provisions Relating to Corpses

44-3-401. Exemption from liability for autopsy - 44-3-401. Exemption from liability for autopsy. No criminal or civil...

44-3-402. Repealed - 44-3-402. Repealed. Sec. 2, Ch. 408, L. 1983. History: En....

44-3-403. Repealed - 44-3-403. Repealed. Sec. 21, Ch. 660, L. 1991. History: En....

44-3-404. Criminal penalty - 44-3-404. Criminal penalty. A person is guilty of a misdemeanor...

Chapter 4. Miscellaneous Functions of Department of Justice

Part 1. Training Coordinator for County Attorneys

44-4-101. Position established -- salary - 44-4-101. Position established -- salary. There is created within the...

44-4-102. Appointment - 44-4-102. Appointment. The training coordinator shall be appointed by the...

44-4-103. Functions - 44-4-103. Functions. The training coordinator shall perform the functions assigned...

44-4-104. through 44-4-110 reserved - 44-4-104 through 44-4-110 reserved.

44-4-111. Request for special counsel services - 44-4-111. Request for special counsel services. (1) Except as provided...

44-4-112. County payment for special counsel services - 44-4-112. County payment for special counsel services. Whenever the training...

44-4-113. and 44-4-114 reserved - 44-4-113 and 44-4-114 reserved.

44-4-115. Fish, wildlife, and parks enforcement program - 44-4-115. Fish, wildlife, and parks enforcement program. There is a...

Part 2. Confidential License Plates and Registrations

44-4-201. Authorization to issue confidential plates and registrations - 44-4-201. Authorization to issue confidential plates and registrations. (1) The...

44-4-202. Authority of attorney general to adopt rules - 44-4-202. Authority of attorney general to adopt rules. The attorney...

44-4-203. Registration records - 44-4-203. Registration records. (1) The registration records of each vehicle...

44-4-204. Applications for confidential plates and registrations - 44-4-204. Applications for confidential plates and registrations. Applications by law...

44-4-205. Use of confidential plates and registrations - 44-4-205. Use of confidential plates and registrations. (1) Such license...

44-4-206. Revocation - 44-4-206. Revocation. Registrations under this part may be revoked at...

Part 3. Board of Crime Control (Renumbered, Repealed, and Terminated)

44-4-301. Renumbered 44-7-101 - 44-4-301. Renumbered 44-7-101. Sec. 25(4), Ch. 384, L. 2017.

44-4-302. Repealed - 44-4-302. Repealed. Sec. 20, Ch. 506, L. 2007. History: En....

44-4-303. Terminated - 44-4-303. Terminated. Secs. 3, 6, Ch. 160, L. 2001. History:...

44-4-304. Terminated - 44-4-304. Terminated. Sec. 6, Ch. 160, L. 2001. History: En....

44-4-305. Renumbered 41-5-1808 - 44-4-305. Renumbered 41-5-1808. Sec. 23(3), Ch. 506, L. 2007.

44-4-306. through 44-4-309 reserved - 44-4-306 through 44-4-309 reserved.

44-4-310. Renumbered 44-7-202 - 44-4-310. Renumbered 44-7-202. Sec. 25(4), Ch. 384, L. 2017.

44-4-311. Renumbered 44-7-201 - 44-4-311. Renumbered 44-7-201. Sec. 25(4), Ch. 384, L. 2017.

44-4-312. Renumbered 44-7-203 - 44-4-312. Renumbered 44-7-203. Sec. 25(4), Ch. 384, L. 2017.

44-4-313. Renumbered 44-7-204 - 44-4-313. Renumbered 44-7-204. Sec. 25(4), Ch. 384, L. 2017.

Part 4. Montana Public Safety Officer Standards and Training Council

44-4-401. Definitions - 44-4-401. Definitions. For the purposes of this part, the following...

44-4-402. Membership -- composition - 44-4-402. Membership -- composition. (1) The council consists of no...

44-4-403. Council duties -- determinations -- appeals - 44-4-403. Council duties -- determinations -- appeals. (1) The council...

44-4-404. Appointing authority responsible for applying standards - 44-4-404. Appointing authority responsible for applying standards. It is the...

Part 9. Railroad Corporation Special Peace Officers

44-4-901. Attorney general -- appointment of special peace officers - 44-4-901. Attorney general -- appointment of special peace officers. The...

44-4-902. Application for appointment - 44-4-902. Application for appointment. A class I railroad corporation, as...

44-4-903. Limitations on special peace officer - 44-4-903. Limitations on special peace officer. A person appointed and...

44-4-904. Responsibility of corporation - 44-4-904. Responsibility of corporation. The class I railroad corporation employing...

Part 10. Methamphetamine Watch Program

44-4-1001. Definitions - 44-4-1001. Definitions. For the purposes of this part, the following...

44-4-1002. Establishment of methamphetamine watch program - 44-4-1002. Establishment of methamphetamine watch program. The department shall establish...

44-4-1003. Retailer participation - 44-4-1003. Retailer participation. (1) Retailer participation in the program is...

44-4-1004. Grants - 44-4-1004. Grants. (1) The department shall provide grants for public...

44-4-1005. Reporting -- immunity from liability - 44-4-1005. Reporting -- immunity from liability. A person may not...

Part 11. Water Right Enforcement

44-4-1101. Water right enforcement account -- statutory appropriation - 44-4-1101. Water right enforcement account -- statutory appropriation. (1) There...

44-4-1102. Water right enforcement program - 44-4-1102. Water right enforcement program. There is a water right...

Part 12. Montana 24/7 Sobriety and Drug Monitoring Program Act

44-4-1201. Short title - 44-4-1201. Short title. This part may be cited as the...

44-4-1202. Purpose -- definitions - 44-4-1202. Purpose -- definitions. (1) The legislature declares that driving...

44-4-1203. Sobriety and drug monitoring program created - 44-4-1203. Sobriety and drug monitoring program created. (1) There is...

44-4-1204. Rulemaking -- testing fee - 44-4-1204. Rulemaking -- testing fee. The attorney general shall adopt...

44-4-1205. Authority of court to order participation in sobriety and drug monitoring program -- probationary license -- imposition of conditions - 44-4-1205. Authority of court to order participation in sobriety and...

44-4-1206. Collection, distribution, and use of testing fees - 44-4-1206. Collection, distribution, and use of testing fees. The law...

Part 15. Human Trafficking

44-4-1501. Human trafficking hotline -- creation of poster -- rulemaking - 44-4-1501. Human trafficking hotline -- creation of poster -- rulemaking....

44-4-1502. Eligibility for benefit or service - 44-4-1502. Eligibility for benefit or service. (1) A victim of...

44-4-1503. Law enforcement protocol - 44-4-1503. Law enforcement protocol. (1) On request from a person...

44-4-1504. Human trafficking education account - 44-4-1504. Human trafficking education account. There is a human trafficking...

Part 16. Statewide Public Safety Communications System Act

44-4-1601. Short title - 44-4-1601. Short title. This part may be cited as the...

44-4-1602. Findings -- intent - 44-4-1602. Findings -- intent. (1) Montana finds that the continued...

44-4-1603. Definitions - 44-4-1603. Definitions. As used in this part, the following definitions...

44-4-1604. Statewide public safety communications system advisory council -- membership -- subcommittees - 44-4-1604. Statewide public safety communications system advisory council -- membership...

44-4-1605. Statewide public safety communications system advisory council -- duties and responsibilities - 44-4-1605. Statewide public safety communications system advisory council -- duties...

44-4-1606. Duties of department - 44-4-1606. Duties of department. (1) (a) Except as provided in...

44-4-1607. Statewide public safety communications system account - 44-4-1607. Statewide public safety communications system account. (1) There is...

44-4-1608. FirstNet exemption - 44-4-1608. FirstNet exemption. This part and rules adopted in accordance...

44-4-1609. Rulemaking authority - 44-4-1609. Rulemaking authority. (1) The department may adopt rules necessary...

Chapter 5. Criminal Justice Information

Part 1. General Provisions

44-5-101. Short title - 44-5-101. Short title. This chapter may be cited as the...

44-5-102. Purpose - 44-5-102. Purpose. The purpose of this chapter is to require...

44-5-103. Definitions - 44-5-103. Definitions. As used in this chapter, the following definitions...

44-5-104. Relationship to other statutes - 44-5-104. Relationship to other statutes. Laws requiring disclosure of public...

44-5-105. Department of justice -- powers - 44-5-105. Department of justice -- powers. The department of justice...

44-5-106. through 44-5-110 reserved - 44-5-106 through 44-5-110 reserved.

44-5-111. Court order to enforce compliance - 44-5-111. Court order to enforce compliance. Any person may apply...

44-5-112. Sanctions - 44-5-112. Sanctions. The sanctions provided in 44-2-205 apply to any...

Part 2. Collection and Processing

44-5-201. Scope of authority to collect, process, and preserve criminal justice information - 44-5-201. Scope of authority to collect, process, and preserve criminal...

44-5-202. Photographs and fingerprints - 44-5-202. Photographs and fingerprints. (1) The following agencies may, if...

44-5-203. through 44-5-210 reserved - 44-5-203 through 44-5-210 reserved.

44-5-211. Records -- form, contents, limits on use - 44-5-211. Records -- form, contents, limits on use. A criminal...

44-5-212. Record preservation - 44-5-212. Record preservation. Unless required by federal law, expunging, purging,...

44-5-213. Procedures to ensure accuracy of criminal history records - 44-5-213. Procedures to ensure accuracy of criminal history records. In...

44-5-214. Inspection or transfer of criminal history records - 44-5-214. Inspection or transfer of criminal history records. (1) An...

44-5-215. Challenge and correction - 44-5-215. Challenge and correction. (1) After inspection of criminal history...

Part 3. Dissemination

44-5-301. Dissemination of public criminal justice information - 44-5-301. Dissemination of public criminal justice information. (1) There are...

44-5-302. Dissemination of criminal history record information that is not public criminal justice information - 44-5-302. Dissemination of criminal history record information that is not...

44-5-303. Dissemination of confidential criminal justice information -- procedure for dissemination through court -- notice and objection to disclosure - 44-5-303. Dissemination of confidential criminal justice information -- procedure for...

44-5-304. Development of statistical information -- agreements as to access - 44-5-304. Development of statistical information -- agreements as to access....

44-5-305. Dissemination of copied or inspected records - 44-5-305. Dissemination of copied or inspected records. (1) Criminal justice...

44-5-306. Criminal history record information account - 44-5-306. Criminal history record information account. (1) There is a...

44-5-307. Use of criminal history record information account -- staffing -- funding - 44-5-307. Use of criminal history record information account -- staffing...

44-5-308. through 44-5-310 reserved - 44-5-308 through 44-5-310 reserved.

44-5-311. Nondisclosure of information about victim - 44-5-311. Nondisclosure of information about victim. (1) If a victim...

Part 4. System Security

44-5-401. Criminal justice information system security - 44-5-401. Criminal justice information system security. Provisions for the recording,...

44-5-402. Automated equipment - 44-5-402. Automated equipment. In an automated criminal justice information system,...

44-5-403. Computer programming - 44-5-403. Computer programming. Procedures for each automated criminal justice information...

44-5-404. Manual equipment - 44-5-404. Manual equipment. In a manual criminal justice information system,...

44-5-405. Personnel - 44-5-405. Personnel. Each automated or manual criminal justice information system,...

Part 5. Criminal Intelligence Information Section

44-5-501. Creation of criminal intelligence information section -- advisory council - 44-5-501. Creation of criminal intelligence information section -- advisory council....

44-5-502. Definitions - 44-5-502. Definitions. In this part the following definitions apply: (1)...

44-5-503. Duties of section - 44-5-503. Duties of section. The section may not initiate investigations...

44-5-504. Section standards and procedures - 44-5-504. Section standards and procedures. The attorney general, in conjunction...

44-5-505. Section supervisor and personnel - 44-5-505. Section supervisor and personnel. (1) The attorney general shall...

44-5-506. Participating agencies - 44-5-506. Participating agencies. (1) Agencies eligible for participation in the...

44-5-507. through 44-5-510 reserved - 44-5-507 through 44-5-510 reserved.

44-5-511. Functions of advisory council - 44-5-511. Functions of advisory council. The advisory council shall: (1)...

44-5-512. through 44-5-514 reserved - 44-5-512 through 44-5-514 reserved.

44-5-515. Protection of individual privacy - 44-5-515. Protection of individual privacy. The advisory council shall review...

Part 6. National Crime Prevention and Privacy Compact

44-5-601. Compact adopted -- text - 44-5-601. Compact adopted -- text. The National Crime Prevention and...

44-5-602. Appointment of compact officer - 44-5-602. Appointment of compact officer. The attorney general shall appoint...

Chapter 6. DNA Records

Part 1. DNA Index

44-6-101. Definitions - 44-6-101. Definitions. As used in this part, the following definitions...

44-6-102. Establishment of DNA identification index - 44-6-102. Establishment of DNA identification index. (1) The department shall...

44-6-103. Collection of samples and maintenance of data - 44-6-103. Collection of samples and maintenance of data. (1) Following...

44-6-104. Consumer DNA database searches -- familial DNA searches -- warrant required - 44-6-104. Consumer DNA database searches -- familial DNA searches --...

44-6-105. reserved - 44-6-105 reserved.

44-6-106. Release of DNA records - 44-6-106. Release of DNA records. (1) The DNA records contained...

44-6-107. Expungement of DNA records - 44-6-107. Expungement of DNA records. If a conviction of a...

44-6-108. Confidentiality of records of DNA testing - 44-6-108. Confidentiality of records of DNA testing. Except as provided...

44-6-109. Restrictions for collection of DNA from minor by peace officer - 44-6-109. Restrictions for collection of DNA from minor by peace...

44-6-110. Rulemaking authority - 44-6-110. Rulemaking authority. The department shall adopt rules for the...

Chapter 7. Board of Crime Control

Part 1. General Provisions

44-7-101. Functions - 44-7-101. Functions. As designated by the governor as the state...

44-7-102. through 44-7-109 reserved - 44-7-102 through 44-7-109 reserved.

44-7-110. Crisis intervention team training program -- rulemaking - 44-7-110. Crisis intervention team training program -- rulemaking. (1) Within...

44-7-111. through 44-7-114 reserved - 44-7-111 through 44-7-114 reserved.

44-7-115. Prosecution diversion program -- rulemaking - 44-7-115. Prosecution diversion program -- rulemaking. (1) Within the limits...

44-7-116. through 44-7-119 reserved - 44-7-116 through 44-7-119 reserved.

44-7-120. Supportive housing grant program - 44-7-120. Supportive housing grant program. (1) Within the limits of...

Part 2. Domestic Violence Intervention

44-7-201. Domestic violence intervention program - 44-7-201. Domestic violence intervention program. (1) The Montana board of...

44-7-202. Domestic violence intervention account -- administration by board of crime control - 44-7-202. Domestic violence intervention account -- administration by board of...

44-7-203. Program costs - 44-7-203. Program costs. The costs incurred by the Montana board...

44-7-204. Restriction on use of funds - 44-7-204. Restriction on use of funds. Funds deposited in the...

44-7-205. through 44-7-209 reserved - 44-7-205 through 44-7-209 reserved.

44-7-210. Counseling and services to be evidence-informed - 44-7-210. Counseling and services to be evidence-informed. (1) The Montana...

Part 3. Restorative Justice Programs

44-7-301. Intent - 44-7-301. Intent. The legislature recognizes that incarcerating offenders carries an...

44-7-302. Restorative justice grants - 44-7-302. Restorative justice grants. (1) The purposes of the restorative...

44-7-303. Restorative justice fund created -- source of funding -- use of fund - 44-7-303. Restorative justice fund created -- source of funding --...

Chapter 10. Law Enforcement Academy

Part 1. General Provisions

44-10-101. Short title - 44-10-101. Short title. This chapter may be cited as the...

44-10-102. Purpose - 44-10-102. Purpose. The purpose of this chapter shall be to...

44-10-103. Establishment of academy - 44-10-103. Establishment of academy. There is hereby established a Montana...

Part 2. Government of Academy

44-10-201. Department of justice to govern academy - 44-10-201. Department of justice to govern academy. The Montana law...

44-10-202. Powers and duties of department - 44-10-202. Powers and duties of department. (1) The department of...

44-10-203. Sessions to be determined annually - 44-10-203. Sessions to be determined annually. The academy shall be...

44-10-204. Department of justice account established - 44-10-204. Department of justice account established. (1) There is an...

Part 3. Officers Who Attend Academy

44-10-301. Eligibility - 44-10-301. Eligibility. All bona fide Montana law enforcement officers and...

44-10-302. Retention of employment rights - 44-10-302. Retention of employment rights. All officers shall be paid...

44-10-303. Expenditure of funds by local governments authorized - 44-10-303. Expenditure of funds by local governments authorized. The expenditure...

Chapter 11. Mutual Assistance Rights of Assisting Officers

Part 1. General Provisions

44-11-101. Mutual assistance authorized -- powers and duties of assisting officers - 44-11-101. Mutual assistance authorized -- powers and duties of assisting...

44-11-102. Liability of assisted entity for obligation resulting from assistance - 44-11-102. Liability of assisted entity for obligation resulting from assistance....

Part 2. Rights of Employment

44-11-201. Retention of rights of employment - 44-11-201. Retention of rights of employment. A peace officer rendering...

44-11-202. Employing entity to pay normal expenses of assisting officer -- reimbursement - 44-11-202. Employing entity to pay normal expenses of assisting officer...

Part 3. Interstate Law Enforcement Mutual Aid Act

44-11-301. Short title - 44-11-301. Short title. This part shall be known and may...

44-11-302. Purpose - 44-11-302. Purpose. It is the purpose of this part to...

44-11-303. Definitions - 44-11-303. Definitions. When used in this part, unless the context...

44-11-304. Authorization to enter agreement -- general content -- authority of peace officer - 44-11-304. Authorization to enter agreement -- general content -- authority...

44-11-305. Detailed content of agreement - 44-11-305. Detailed content of agreement. The agreement authorized by 44-11-304...

44-11-306. Right of state in actions involving agreements - 44-11-306. Right of state in actions involving agreements. In any...

44-11-307. Agreement not to relieve agency of duties - 44-11-307. Agreement not to relieve agency of duties. No agreement...

44-11-308. Limitation of powers - 44-11-308. Limitation of powers. Except for the right granted by...

44-11-309. Repealed - 44-11-309. Repealed. Sec. 14, Ch. 94, L. 2007. History: En....

44-11-310. Filing of agreement - 44-11-310. Filing of agreement. Within 20 days after the final...

44-11-311. Authorization to appropriate funds for purpose of agreement - 44-11-311. Authorization to appropriate funds for purpose of agreement. Any...

44-11-312. Effect of other law - 44-11-312. Effect of other law. The procedures and remedies provided...

Chapter 12. Seizures Related to Controlled Substances

Part 1. General Provisions

44-12-101. Definitions - 44-12-101. Definitions. As used in this chapter, the following definitions...

44-12-102. Things subject to forfeiture - 44-12-102. Things subject to forfeiture. (1) A court may order,...

44-12-103. When property may be seized - 44-12-103. When property may be seized. (1) A peace officer...

44-12-104. Summary forfeiture of certain controlled substances - 44-12-104. Summary forfeiture of certain controlled substances. Controlled substances that...

Part 2. Procedure

44-12-201. Repealed - 44-12-201. Repealed. Sec. 13, Ch. 421, L. 2015. History: En....

44-12-202. Repealed - 44-12-202. Repealed. Sec. 13, Ch. 421, L. 2015. History: En....

44-12-203. Repealed - 44-12-203. Repealed. Sec. 13, Ch. 421, L. 2015. History: En....

44-12-204. Repealed - 44-12-204. Repealed. Sec. 13, Ch. 421, L. 2015. History: En....

44-12-205. Renumbered 44-12-212 - 44-12-205. Renumbered 44-12-212. Code Commissioner, 2015.

44-12-206. Renumbered 44-12-213 - 44-12-206. Renumbered 44-12-213. Code Commissioner, 2015.

44-12-207. Forfeiture of property for commission of criminal offense - 44-12-207. Forfeiture of property for commission of criminal offense. (1)...

44-12-208. Notice of seized property -- itemized receipt -- charging document - 44-12-208. Notice of seized property -- itemized receipt -- charging...

44-12-209. Pretrial hearing - 44-12-209. Pretrial hearing. (1) Following the seizure of property in...

44-12-210. Forfeiture upon criminal conviction -- hearing - 44-12-210. Forfeiture upon criminal conviction -- hearing. (1) Upon conviction...

44-12-211. Innocent owner -- ownership interest in property subject to forfeiture - 44-12-211. Innocent owner -- ownership interest in property subject to...

44-12-212. Disposition of property following hearing - 44-12-212. Disposition of property following hearing. (1) If the provisions...

44-12-213. Disposition of proceeds of sale - 44-12-213. Disposition of proceeds of sale. (1) Whenever property is...

Chapter 13. Special Law Enforcement Assistance Funding

Part 1. Special Law Enforcement Assistance Account

44-13-101. Law enforcement assistance account created - 44-13-101. Law enforcement assistance account created. There is an account...

44-13-102. Federal forfeitures deposited in account - 44-13-102. Federal forfeitures deposited in account. Except as provided in...

44-13-103. Limitations on use of special law enforcement assistance account - 44-13-103. Limitations on use of special law enforcement assistance account....

Chapter 14. Disposition of Property

Part 1. Disposition of Unclaimed Personal Property

44-14-101. Disposition of property held by state public safety officer -- rulemaking - 44-14-101. Disposition of property held by state public safety officer...

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Montana Code Annotated Title 44. Law Enforcement

Montana Code Annotated
Title 44. Law Enforcement