reglab/housing_qa huggingface dataset:
MT Code § 44-12-206 (2021)
2021 Montana Code Annotated|Title 44. Law Enforcement|Chapter 12. Seizures Related to Controlled Substances|Part 2. Procedure|44-12-206. Renumbered 44-12-213

  44-12-206. Renumbered 44-12-213. Code Commissioner, 2015.
MT Code § 44-12-207 (2021)
2021 Montana Code Annotated|Title 44. Law Enforcement|Chapter 12. Seizures Related to Controlled Substances|Part 2. Procedure|44-12-207. Forfeiture of property for commission of criminal offense

  44-12-207. Forfeiture of property for commission of criminal offense. (1) Except for controlled substances as provided in 44-12-104, a court may not order forfeiture of real or personal property of any kind pursuant to this chapter, including money, vehicles and other conveyances, and tangible and intangible personal property, unless:   (a) the owner of the property has been convicted of a criminal offense;   (b) the criminal offense specifically provides for forfeiture of property upon conviction; and   (c) the property has been found by clear and convincing evidence to have been used in connection with or to constitute proceeds from the criminal offense.   (2) This section does not prohibit property from being forfeited pursuant to a plea agreement between the prosecutor and the defendant subject to notice to the court or the approval of the court.   (3) Subsection (1)(a) does not apply if the owner of the property dies, is deported, or is unknown or if the owner of the property flees after the prosecution is commenced and is not apprehended within 12 months after the prosecution is commenced. If the owner of the property appears or is apprehended within 12 months after the prosecution is commenced, the owner of the property shall pay a storage fee of $100 per month for each month the property is held.   History: En. Sec. 1, Ch. 421, L. 2015.
MT Code § 44-12-208 (2021)
2021 Montana Code Annotated|Title 44. Law Enforcement|Chapter 12. Seizures Related to Controlled Substances|Part 2. Procedure|44-12-208. Notice of seized property -- itemized receipt -- charging document

  44-12-208. Notice of seized property -- itemized receipt -- charging document. (1) Upon seizure of property, a peace officer shall:   (a) provide an itemized receipt of seized property pursuant to 44-12-103; and   (b) notify all persons known to have an interest in the property in the same manner as provided in 44-12-210(2).   (2) Property subject to forfeiture pursuant to 44-12-102 must be identified in the charging document filed by the prosecutor for the criminal offense providing for forfeiture of property upon conviction. The charging document must specify the time and place of the alleged violation, identify the property, and particularly describe the property's use in connection with the criminal offense.   History: En. Sec. 2, Ch. 421, L. 2015.
MT Code § 44-12-209 (2021)
2021 Montana Code Annotated|Title 44. Law Enforcement|Chapter 12. Seizures Related to Controlled Substances|Part 2. Procedure|44-12-209. Pretrial hearing

  44-12-209. Pretrial hearing. (1) Following the seizure of property in a proceeding under this chapter, a defendant who has been charged with a criminal offense providing for forfeiture of property upon conviction or a person claiming an interest in the property allegedly used in or derived from the commission of a criminal offense may make a written request for a pretrial hearing to determine the validity of the seizure.   (2) The request for a hearing pursuant to this section must be filed with the court in which the criminal proceeding is pending within 15 days of receiving notice of the seized property pursuant to 44-12-208(1)(b). If more than one person receives notice pursuant to 44-12-208(1)(b), the 15-day request period for a hearing begins from the date the last notice was received. The court shall hold a hearing on the request as soon as practicable but no later than 30 days after the request is filed.   (3) The claimant has the burden of demonstrating a lawful ownership interest or right of possession in the property.   (4) At least 10 days prior to a hearing on the request, a statement demonstrating probable cause for the seizure made pursuant to 44-12-103 must be filed with the court and provided to the claimant.   (5) The court shall order that the property be returned to the claimant if the court finds that:   (a) it is likely the final judgment in the criminal proceeding will result in the state being ordered to return the property;   (b) it is not reasonably necessary for the property to be held for investigatory reasons; or   (c) the property is the only reasonable means for the claimant to pay the costs of legal representation in the forfeiture or criminal proceeding. The court may order the return of a portion of the total amount of property seized sufficient to pay the costs of legal representation and may require an accounting of the remaining property.   (6) In lieu of ordering the return of the property, the court may order the law enforcement agency to provide security or other written assurances for satisfaction of any judgment that may be rendered in the forfeiture proceeding or criminal proceeding, including any damages sustained as a result of retaining the property.   History: En. Sec. 3, Ch. 421, L. 2015.
MT Code § 44-12-210 (2021)
2021 Montana Code Annotated|Title 44. Law Enforcement|Chapter 12. Seizures Related to Controlled Substances|Part 2. Procedure|44-12-210. Forfeiture upon criminal conviction -- hearing

  44-12-210. Forfeiture upon criminal conviction -- hearing. (1) Upon conviction of a defendant for a criminal offense providing for forfeiture of property upon conviction and upon notice to all persons known to have an interest in the property pursuant to subsection (2), the court shall hold a hearing to determine whether the property must be forfeited pursuant to 44-12-207 and disposed of as provided in 44-12-212 and 44-12-213 or, in the case of forfeiture for theft of commonly domesticated hoofed animals or illegal branding or altering or obscuring a brand, 45-6-329. Unless the defendant requests separate proceedings, a proceeding for the criminal offense providing for forfeiture of property must be held in conjunction with a proceeding for the forfeiture of the property.   (2) Pursuant to subsection (1), a peace officer or an officer of the agency that seized the property shall notify all persons known to have an interest in the property by one of the following methods:   (a) for a person whose address is known, by personal service of a copy of the notice; or   (b) for a person whose address is unknown, by publication in one issue of a newspaper of general circulation in the county where the seizure occurred or, if there is no such newspaper, by publication in one issue of a newspaper of general circulation in an adjoining county, and by mailing a copy of the notice to the most recent address of the person having an ownership interest in the property, if any, shown in the records of the department of justice.   (3) To establish that the seized property is subject to forfeiture under this chapter, a peace officer or an officer of an agency that seizes any property other than controlled substances must establish by clear and convincing evidence that the property was used in connection with or constitutes proceeds from the commission of the criminal offense.   (4) Seized property is not subject to forfeiture if an owner can establish that the owner is an innocent owner as provided in 44-12-211.   (5) A bona fide security interest is not subject to forfeiture unless the person claiming a security interest had actual knowledge that the property was subject to forfeiture at the time that the property was seized under this chapter. A person claiming a security interest bears the burden of production and must establish the validity of the interest by clear and convincing evidence.   History: En. Sec. 4, Ch. 421, L. 2015.
MT Code § 44-12-211 (2021)
2021 Montana Code Annotated|Title 44. Law Enforcement|Chapter 12. Seizures Related to Controlled Substances|Part 2. Procedure|44-12-211. Innocent owner -- ownership interest in property subject to forfeiture

  44-12-211. Innocent owner -- ownership interest in property subject to forfeiture. (1) The property of an innocent owner is not subject to forfeiture under 44-12-207 through 44-12-210.   (2) A property owner or person with an ownership interest in property subject to forfeiture must be declared an innocent owner if:   (a) the property owner or person with an ownership interest in the property can establish a legal right, title, or interest in the seized property; and   (b) the state is unable to prove by clear and convincing evidence that the owner or person with an ownership interest in the property had actual knowledge of the crime associated with a forfeiture proceeding.   History: En. Sec. 5, Ch. 421, L. 2015.
MT Code § 44-12-212 (2021)
2021 Montana Code Annotated|Title 44. Law Enforcement|Chapter 12. Seizures Related to Controlled Substances|Part 2. Procedure|44-12-212. Disposition of property following hearing

  44-12-212. Disposition of property following hearing. (1) If the provisions of 44-12-207 are not established or the property owner is an innocent owner as provided in 44-12-211, the court shall order that the property be released to the owner of record as of the date of the seizure.   (2) If the provisions of 44-12-207 are established and the property owner is not an innocent owner as provided in 44-12-211, the property must be disposed of as follows:   (a) If proper proof of a claim is presented at the hearing by the holder of a security interest, the court shall order that the property be released to the holder of the security interest if the amount due to the holder is equal to or in excess of the value of the property as of the date of seizure because the purpose of this chapter is to forfeit only the right, title, or interest of the owner. If the amount due the holder of the security interest is less than the value of the property, the property, if it is sold, must be sold at public auction by the law enforcement agency that seized the property in the same manner provided by law for the sale of property under execution or the law enforcement agency may return the property to the holder of the security interest without proceeding with an auction. The property may not be sold to an officer or employee of the law enforcement agency that seized the property or to a person related to an officer or employee by blood or marriage.   (b) If a claimant does not exist and the confiscating agency wishes to retain the property for its official use, it may do so. If the property is not to be retained, it must be sold as provided in subsection (2)(a).   (c) If a claimant who has presented proper proof of a claim exists and the confiscating agency wishes to retain the property for its official use, it may do so if it compensates the claimant in the amount of the security interest outstanding at the time of the seizure.   (3) In making a disposition of property under this chapter, the court may take any action to protect the rights of innocent persons.   History: En. Sec. 9, Ch. 529, L. 1979; amd. Sec. 4, Ch. 180, L. 1983; amd. Sec. 2, Ch. 476, L. 1987; amd. Sec. 2, Ch. 489, L. 1989; amd. Sec. 1634, Ch. 56, L. 2009; amd. Sec. 9, Ch. 421, L. 2015; Sec. 44-12-205, MCA 2013; redes. 44-12-212 by Code Commissioner, 2015.
MT Code § 44-12-213 (2021)
2021 Montana Code Annotated|Title 44. Law Enforcement|Chapter 12. Seizures Related to Controlled Substances|Part 2. Procedure|44-12-213. Disposition of proceeds of sale

  44-12-213. Disposition of proceeds of sale. (1) Whenever property is seized, forfeited, and sold under the provisions of this chapter, the net proceeds of the sale must be distributed as follows:   (a) to the holders of security interests who have presented proper proof of their claims, if any, up to the amount of their interests in the property;   (b) the remainder, if any, to the county treasurer of the county in which the property was seized, who shall establish and maintain a drug forfeiture account and deposit the remainder into the account, except as provided in subsections (1)(c) through (1)(e);   (c) if the property was seized within the corporate limits of a city or town by a law enforcement agency of that city or town, the remainder, if any, to the city or town treasurer, who shall establish and maintain a drug forfeiture account and deposit the remainder into the account, except as provided in subsections (1)(d) and (1)(e);   (d) if the property was seized by an employee of the state, the remainder, if any, is allocated as provided in subsection (3), except as provided in subsection (1)(e); and   (e) if the property was seized as a result of the efforts of more than one law enforcement agency, the remainder, if any, to the accounts required by this subsection (1), pro rata in the proportions represented by the agencies' expenses of investigation, as determined by the attorney general.   (2) All proceeds from any source that are deposited into a county, city, or town drug forfeiture account must in each fiscal year be appropriated to and remain available until expended by the confiscating agency for drug laws enforcement and education concerning drugs.   (3) (a) Each year, the first $125,000 of net proceeds received by the state under subsections (1)(d) and (1)(e) must be deposited in an account in the state special revenue fund to the credit of the department of justice. The department may expend the money in the account only for purposes of enforcement of drug laws. An amount up to $125,000 each year is statutorily appropriated, as provided in 17-7-502, to the attorney general for enforcement of drug laws. Any expenditure in excess of $125,000 each fiscal year requires approval through budget amendment, as provided in Title 17, chapter 7, part 4.   (b) Each year, net proceeds in excess of $125,000 that are received by the state under subsections (1)(d) and (1)(e) must be deposited equally between the state special revenue account and the general fund.   History: En. Sec. 10, Ch. 529, L. 1979; amd. Sec. 5, Ch. 180, L. 1983; amd. Sec. 3, Ch. 476, L. 1987; amd. Sec. 2, Ch. 690, L. 1991; amd. Sec. 32, Ch. 349, L. 1993; amd. Sec. 64, Ch. 545, L. 1995; amd. Sec. 22, Ch. 389, L. 1999; Sec. 44-12-206, MCA 2013; redes. 44-12-213 by Code Commissioner, 2015.
MT Code § 44-13-101 (2021)
2021 Montana Code Annotated|Title 44. Law Enforcement|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 in the federal special revenue fund defined in 17-2-102 to be known as the special law enforcement assistance account.   History: En. Sec. 1, Ch. 625, L. 1985.
MT Code § 44-13-102 (2021)
2021 Montana Code Annotated|Title 44. Law Enforcement|Chapter 13. Special Law Enforcement Assistance Funding|Part 1. Special Law Enforcement Assistance Account|44-13-102. Federal forfeitures deposited in account

  44-13-102. Federal forfeitures deposited in account. Except as provided in 46-23-1032, property and money forfeited under federal law and provided to the state by the federal government to support state and local law enforcement programs must be deposited to the special law enforcement assistance account established in 44-13-101. An amount up to $125,000 each fiscal year is statutorily appropriated, as provided in 17-7-502, to the attorney general for the support of state and local law enforcement programs. Any expenditure in excess of $125,000 each fiscal year requires approval through budget amendment, as provided in Title 17, chapter 7, part 4.   History: En. Sec. 2, Ch. 625, L. 1985; amd. Sec. 3, Ch. 690, L. 1991; amd. Sec. 2, Ch. 219, L. 1995.
MT Code § 44-13-103 (2021)
2021 Montana Code Annotated|Title 44. Law Enforcement|Chapter 13. Special Law Enforcement Assistance Funding|Part 1. Special Law Enforcement Assistance Account|44-13-103. Limitations on use of special law enforcement assistance account

  44-13-103. Limitations on use of special law enforcement assistance account. (1) After property is credited to the account, the attorney general may:   (a) transfer the property to any local or state law enforcement agency to be used for criminal investigation purposes;   (b) sell the property by public sale;   (c) destroy any illegal or controlled substances and sell or destroy raw materials, products, and equipment used or intended for use in manufacturing, compounding, or processing a controlled substance;   (d) compromise and pay claims against the property; and   (e) make any other disposition of the property authorized by law.   (2) Money and proceeds from property credited to the account may be used by the attorney general for:   (a) the payment of any expenses necessary to seize, detain, appraise, inventory, safeguard, maintain, advertise, or sell seized, detained, or forfeited property, including but not limited to payment for contract services and reimbursement to a federal, state, or local agency for its expenses;   (b) the payment of awards for information or assistance leading to a criminal proceeding or a civil forfeiture proceeding;   (c) the compromise and payment of claims against property;   (d) the payment of sums for criminal investigation purposes, including but not limited to:   (i) payment of informants;   (ii) use by undercover agents to purchase unlawful substances, including, without limitation, counterfeit or real controlled substances, pornographic materials, stolen property, or other contraband;   (iii) use by undercover agents as gambling front money; and   (iv) payment of overtime to state or local law enforcement officers when engaged in special criminal investigations;   (e) the payment for services for victims of crimes as provided in Title 53, chapter 9, part 1; and   (f) matching federal grants for criminal investigation purposes.   History: En. Sec. 3, Ch. 625, L. 1985; amd. Sec. 1, Ch. 206, L. 1987; amd. Sec. 36, Ch. 112, L. 1991; amd. Sec. 33, Ch. 349, L. 1993; amd. Sec. 65, Ch. 545, L. 1995; amd. Sec. 1, Ch. 118, L. 2001.
MT Code § 44-14-101 (2021)
2021 Montana Code Annotated|Title 44. Law Enforcement|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 -- rulemaking. (1) A state agency that employs a public safety officer may adopt administrative rules to provide for the care, restitution, sale, donation, return, or destruction of unclaimed tangible personal property that may come into the possession of the agency or a public safety officer employed by the agency for which state law does not otherwise provide a procedure for disposition.   (2) At a minimum, the ordinance or resolution must provide:   (a) that unclaimed property valued at $20 or more must be held by the state agency for a period of at least 3 months;   (b) a process by which the state agency shall attempt to notify the legal owner of unclaimed property held in its possession;   (c) a process by which the state agency may allow a finder of unclaimed personal property to take possession of that property if it remains unclaimed;   (d) that unclaimed property will be destroyed as allowed or required by local, state, or federal law, returned to the finder, donated, or otherwise sold at public auction to the highest bidder;   (e) that, at least 10 days prior to the time fixed for the destruction, return, donation, or sale at public auction of unclaimed property, notice of the planned disposal must be given by publication one time in a newspaper of general circulation; and   (f) that, upon proof of legal ownership, the state agency shall restore the unclaimed property to its legal owner.   (3) After property has been destroyed, returned, donated, or sold at public auction, the property or the value of the property is not redeemable by the owner or another person entitled to possession.   (4) For the purposes of this section, "public safety officer" has the meaning provided in 44-4-401.   History: En. Sec. 2, Ch. 295, L. 2017.
MT Code § 45-1-101 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 1. General Preliminary Provisions|Part 1. Construction and Applicability|45-1-101. Short title

  45-1-101. Short title. This title shall be known and may be cited as the "Criminal Code of 1973".   History: En. 94-1-101 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-1-101.
MT Code § 45-1-102 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 1. General Preliminary Provisions|Part 1. Construction and Applicability|45-1-102. General purposes and principles of construction

  45-1-102. General purposes and principles of construction. (1) The general purposes of the provisions governing the definition of offenses are:   (a) to forbid and prevent conduct that unjustifiably and inexcusably inflicts or threatens harm to individual or public interests;   (b) to safeguard conduct that is without fault from condemnation as criminal;   (c) to give fair warning of the nature of the conduct declared to constitute an offense;   (d) to differentiate on reasonable grounds between serious and minor offenses.   (2) The rule of the common law that penal statutes are to be strictly construed has no application to this code. All its provisions are to be construed according to the fair import of their terms with a view to effect its object and to promote justice.   History: En. 94-1-102 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-1-102.
MT Code § 45-1-103 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 1. General Preliminary Provisions|Part 1. Construction and Applicability|45-1-103. Application to offenses committed before and after enactment

  45-1-103. Application to offenses committed before and after enactment. (1) The provisions of this code apply to any offense defined in this code and committed after January 1, 1974.   (2) Unless otherwise expressly provided or unless the context otherwise requires, the provisions of this title and Title 46 govern the construction of and punishment for any offense defined outside of this code and committed after January 1, 1974, as well as the construction and application of any defense to a prosecution for such an offense.   (3) The provisions of this code do not apply to any offense defined outside of this code and committed before January 1, 1974. Such an offense must be construed and punished according to the provisions of law existing at the time of the commission thereof in the same manner as if this code had not been enacted.   History: En. 94-1-103 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 7, Ch. 359, L. 1977; R.C.M. 1947, 94-1-103.
MT Code § 45-1-104 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 1. General Preliminary Provisions|Part 1. Construction and Applicability|45-1-104. Other limitations on applicability

  45-1-104. Other limitations on applicability. (1) This code does not bar, suspend, or otherwise affect any right or liability to damages, penalty, forfeiture, or other remedy authorized by law to be recovered, and the civil injury is not merged into the offense.   (2) No conduct constitutes an offense unless it is described as an offense in this code or in another statute of this state. However, this provision does not affect the power of a court to punish for contempt or to employ any sanction authorized by law for the enforcement of an order, civil judgment, or decree.   History: En. 94-1-104 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-1-104.