Bill > HB214

This bill allows the state of Montana to initiate criminal prosecution against individuals who are subject to or may be subject to federal immigration detention for violations of state criminal law. The bill specifically provides that if a criminal prosecution is pending against such a person, the state can either complete the prosecution or surrender the individual to federal immigration authorities upon demand. Importantly, the bill introduces a new requirement that if a prosecutor is considering declining to prosecute such a person, they must first notify the state Attorney General, giving the Attorney General an opportunity to potentially initiate prosecution themselves. This legislation appears designed to ensure that criminal prosecutions can proceed against individuals in federal immigration detention and provide an additional layer of oversight in prosecution decisions related to these individuals. The bill is intended to be incorporated into Title 46, Chapter 1, Part 1 of Montana's legal code, which governs criminal procedure.

Justice

https://bills.legmt.gov/#/laws/bill/2/LC1641