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Bill > SB388


MT SB388

Authorize recording of conversation with public official or employee performing an official duty


summary

Introduced
02/20/2025
In Committee
02/21/2025
Crossed Over
Passed
Dead
05/23/2025

Introduced Session

2025 Regular Session

Bill Summary

AN ACT ENTITLED: “AN ACT REVISING THE OFFENSE OF VIOLATING PRIVACY IN COMMUNICATIONS BY PROVIDING AN EXCEPTION FOR A PERSON WHO RECORDS A CONVERSATION WITH AN ELECTED OR APPOINTED PUBLIC OFFICIAL OR A PUBLIC EMPLOYEE PERFORMING AN OFFICIAL DUTY OF THE OFFICIAL'S OR EMPLOYEE'S POSITION; AND AMING SECTION 45-8-213, MCA.”

AI Summary

This bill amends Montana's privacy in communications law to explicitly allow individuals to record conversations with elected or appointed public officials or public employees while they are performing their official duties, without requiring the consent of all parties to the conversation. Currently, recording a conversation without the knowledge of all parties is considered a violation of privacy in communications. The bill creates an exception to this rule specifically for recordings made of public officials and employees during the performance of their official responsibilities. The amendment preserves existing exceptions to the privacy law, such as recordings made at public meetings or with prior warning. The bill maintains the existing penalties for privacy violations, which can include fines up to $500 and/or up to 6 months in county jail for a first offense, with increased penalties for subsequent convictions. By creating this specific exemption, the bill aims to increase transparency and accountability of public officials by making it legally permissible to record their on-duty interactions.

Committee Categories

Justice

Sponsors (1)

Last Action

(S) Died in Process (on 05/23/2025)

bill text


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