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MT HB460

MT HB460
Amending the constitution to provide for electors of a county to call a grand jury


summary

Introduced
02/12/2025
In Committee
02/12/2025
Crossed Over
Passed
Dead
05/20/2025

Introduced Session

2025 Regular Session

Bill Summary

AN ACT ENTITLED: “AN ACT SUBMITTING TO THE QUALIFIED ELECTORS OF MONTANA AN AMMENT TO ARTICLE II, SECTION 20, OF THE MONTANA CONSTITUTION TO PROVIDE A PROCESS IN WHICH A GRAND JURY MAY BE CALLED BY THE ELECTORS OF ANY COUNTY IN MONTANA; AND PROVIDING AN EFFECTIVE DATE.”

AI Summary

This bill proposes an amendment to the Montana Constitution that would allow county electors (registered voters) to initiate a grand jury by petition. Specifically, if 100 plus one-half of one percent of registered electors in a county sign a petition, the district court judge must summon and impanel a grand jury. The proposed amendment would significantly expand the traditional grand jury process by giving citizens more direct power to convene an investigative body. The grand jury would have broad investigative authority, including the ability to consider causes brought by petition signers and conduct inquiries at its own discretion. The bill also mandates that any indictment must be prosecuted by the county attorney within 90 days, with potential legal consequences for failure to do so. If the county attorney does not prosecute, the grand jury could seek assistance from the state attorney general or hire a private prosecutor. Additionally, the grand jury would have the power to seek court orders related to its investigations and hire independent counsel. The proposed constitutional amendment would require a two-thirds vote in the legislature to pass and would be submitted to Montana voters in the November 2026 general election for final approval.

Committee Categories

Justice

Sponsors (1)

Last Action

(H) Died in Process (on 05/20/2025)

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