reglab/housing_qa huggingface dataset:
MT Code § 46-9-403 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 9. Bail|Part 4. Furnishing Bail|46-9-403. Qualifying property as bail

  46-9-403. Qualifying property as bail. (1) If property posted as a condition of release is personal property, the defendant or sureties shall file a sworn schedule that must contain a list of the personal property, including a description of each item, its location and market value, and the total market value of all items listed.   (2) If the property is real estate:   (a) the defendant or sureties shall file a sworn schedule that must contain a legal description of the property, a description of any and all encumbrances on the property, including the amount of each and the holder of the encumbrance, and the market value of the unencumbered equity owned by the defendant or sureties; and   (b) a certified copy of the schedule of the property must be filed immediately by the court in the office of the clerk and recorder of the county in which the property is situated. The state has a lien on the property from the time the copy is filed. The clerk and recorder shall enter, index, and record the schedule without requiring any fee.   (3) If the property posted as a condition of release is a written undertaking with sureties, each surety must be a resident or freeholder within the state. Each surety must be worth the amount specified in the undertaking, exclusive of property exempt from execution, but the court or judge on taking the property may allow more than two sureties to justify severally and in amounts less than that expressed in the undertaking if the whole justification is equivalent to the amount required.   (4) If the property posted as a condition of release is a commercial bond, it may be executed by any domestic or foreign surety company that is qualified to transact surety business in this state. The undertaking must be in the form prescribed by the commissioner of insurance and must state the following:   (a) the name and address of the commercial surety company that issued the bond;   (b) the amount of the bond and the unqualified obligation of the surety company to pay the court should the defendant fail to appear as guaranteed; and   (c) a provision that the surety company may not revoke the undertaking without good cause.   (5) The court may examine the sufficiency of an undertaking and take any action it considers proper to ensure that a sufficient undertaking is posted.   History: En. 95-1113 by Sec. 1, Ch. 196, L. 1967; amd. Sup. Ct. Ord. 11450-2-3-4, Oct. 10, 1968, eff. Dec. 1, 1968; R.C.M. 1947, 95-1113; amd. Sec. 8, Ch. 116, L. 1979; amd. Sec. 80, Ch. 800, L. 1991.
MT Code § 46-9-404 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 9. Bail|Part 4. Furnishing Bail|46-9-404. Repealed

  46-9-404. Repealed. Sec. 263, Ch. 800, L. 1991.   History: En. 95-1114 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1114.
MT Code § 46-9-405 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 9. Bail|Part 4. Furnishing Bail|46-9-405. through 46-9-410 reserved

  46-9-405 through 46-9-410 reserved.
MT Code § 46-9-411 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 9. Bail|Part 4. Furnishing Bail|46-9-411. Repealed

  46-9-411. Repealed. Sec. 263, Ch. 800, L. 1991.   History: En. 95-1121 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 13, Ch. 184, L. 1977; R.C.M. 1947, 95-1121(3); amd. Sec. 1, Ch. 415, L. 1989.
MT Code § 46-9-412 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 9. Bail|Part 4. Furnishing Bail|46-9-412. Guaranteed arrest bond certificates

  46-9-412. Guaranteed arrest bond certificates. (1) A domestic or foreign surety company that has qualified to transact surety business in this state may, in any year, become surety in an amount not exceeding $1,000 with respect to any guaranteed arrest bond certificates issued in the year by an automobile club or association or by an insurance company authorized to write automobile liability insurance within this state by filing with the commissioner of insurance an undertaking to become surety.   (2) The form of the undertaking must be prescribed by the commissioner of insurance and must include those matters required by 46-9-401.   History: En. 95-1121 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 13, Ch. 184, L. 1977; R.C.M. 1947, 95-1121(1), (2); amd. Sec. 2, Ch. 415, L. 1989; amd. Sec. 81, Ch. 800, L. 1991; amd. Sec. 11, Ch. 262, L. 1993.
MT Code § 46-9-413 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 9. Bail|Part 4. Furnishing Bail|46-9-413. Repealed

  46-9-413. Repealed. Sec. 263, Ch. 800, L. 1991.   History: En. 95-1123 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1123.
MT Code § 46-9-414 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 9. Bail|Part 4. Furnishing Bail|46-9-414. Certificates accepted in lieu of cash

  46-9-414. Certificates accepted in lieu of cash. (1) A guaranteed arrest bond certificate must, when posted by the person whose signature appears on the certificate, be accepted in lieu of cash bail in an amount not exceeding $1,000 as a bail bond to guarantee the appearance of the person in any court, including a municipal court, in this state at the time required by the court when the person was arrested for violation of a motor vehicle law of this state or an ordinance of a municipality in this state (except for the offense of driving while intoxicated or for any felony) committed prior to the date of expiration shown on the guaranteed arrest bond certificate.   (2) A guaranteed arrest bond certificate is subject to the same forfeiture and enforcement provisions established by this chapter unless otherwise provided by law.   History: En. 95-1122 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 14, Ch. 184, L. 1977; R.C.M. 1947, 95-1122; amd. Sec. 3, Ch. 415, L. 1989; amd. Sec. 82, Ch. 800, L. 1991.
MT Code § 46-9-501 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 9. Bail|Part 5. Conditions of Bail -- Violation Thereof|46-9-501. Renumbered 46-9-108

  46-9-501. Renumbered 46-9-108. Code Commissioner, 1991.
MT Code § 46-9-502 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 9. Bail|Part 5. Conditions of Bail -- Violation Thereof|46-9-502. Conditions performed -- bail discharged

  46-9-502. Conditions performed -- bail discharged. When the conditions of bail have been performed and the accused has been discharged from the accused's obligations in the cause, the court shall return to the accused or the accused's sureties the deposit of any cash, stocks, or bonds. If the bail is real estate, the court shall notify in writing the county clerk and recorder and the lien of the bail bond on the real estate must be discharged. If the bail is a written undertaking or a commercial surety bond, it must be discharged and the sureties exonerated.   History: En. 95-1116 by Sec. 1, Ch. 196, L. 1967; amd. Sup. Ct. Ord. 11450-2-3-4, Oct. 10, 1968, eff. Dec. 1, 1968; R.C.M. 1947, 95-1116(a); amd. Sec. 1742, Ch. 56, L. 2009.
MT Code § 46-9-503 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 9. Bail|Part 5. Conditions of Bail -- Violation Thereof|46-9-503. Violation of release condition -- forfeiture

  46-9-503. Violation of release condition -- forfeiture. (1) If a defendant violates a condition of release, including failure to appear, the prosecutor may make a written motion to the court for revocation of the order of release. A judge may issue a warrant for the arrest of a defendant charged with violating a condition of release. Upon arrest, the defendant must be brought before a judge in accordance with 46-7-101.   (2) If a defendant fails to appear before a court as required and bail has been posted, the judge may declare the bail forfeited. Notice of the order of forfeiture must be mailed to the defendant and the defendant's sureties at their last-known address within 10 working days or the bond becomes void and must be released and returned to the surety within 5 working days.   (3) If at any time within 90 days after the forfeiture the defendant's sureties surrender the defendant pursuant to 46-9-510 or appear and satisfactorily excuse the defendant's failure to appear, the judge shall direct the forfeiture to be discharged without penalty. If at any time within 90 days after the forfeiture the defendant appears and satisfactorily excuses the defendant's failure to appear, the judge shall direct the forfeiture to be discharged upon terms as may be just.   (4) The surety bail bond must be exonerated upon proof of the defendant's death or incarceration or subjection to court-ordered treatment in a foreign jurisdiction for a period exceeding the time limits under subsection (3).   (5) A surety bail bond is an appearance bond only. It cannot be held or forfeited for fines, restitution, or violations of release conditions other than failure to appear. The original bond is in effect pursuant to 46-9-121 and is due and payable only if the surety fails, after 90 days from forfeiture, to surrender the defendant or if the defendant fails to appear on the defendant's own within the same time period.   History: En. 95-1116 by Sec. 1, Ch. 196, L. 1967; amd. Sup. Ct. Ord. 11450-2-3-4, Oct. 10, 1968, eff. Dec. 1, 1968; R.C.M. 1947, 95-1116(b), (c); amd. Sec. 83, Ch. 800, L. 1991; amd. Sec. 2, Ch. 270, L. 1993; amd. Sec. 2, Ch. 456, L. 1997; amd. Sec. 1, Ch. 420, L. 2003.
MT Code § 46-9-504 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 9. Bail|Part 5. Conditions of Bail -- Violation Thereof|46-9-504. Renumbered 46-9-512

  46-9-504. Renumbered 46-9-512. Code Commissioner, 1991.
MT Code § 46-9-505 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 9. Bail|Part 5. Conditions of Bail -- Violation Thereof|46-9-505. Issuance of arrest warrant -- redetermining bail -- definition

  46-9-505. Issuance of arrest warrant -- redetermining bail -- definition. (1) Upon failure to comply with any condition of a bail or recognizance, the court having jurisdiction at the time of the failure may, in addition to any other action provided by law, issue a warrant for the arrest of the person.   (2) On verified application by the prosecutor setting forth facts or circumstances constituting a breach or threatened breach of any of the conditions of the bail or a threat or an attempt to influence the pending proceeding, the court may issue a warrant for the arrest of the defendant.   (3) If the defendant has been released under the supervision of a pretrial services agency, referred to in 46-9-108(1)(f), an officer of that agency may arrest the defendant without a warrant or may deputize any other officer with power of arrest to arrest the defendant by giving the officer oral authorization and within 12 hours delivering to the place of detention a verified written statement setting forth that the defendant has, in the judgment of the officer, violated the conditions of the defendant's release. An oral authorization delivered with the defendant by the arresting officer to the official in charge of a county detention center or other place of detention is a sufficient warrant for detention of the defendant if the pretrial officer delivers a verified written statement within 12 hours of the defendant's arrest.   (4) Upon the arrest, the defendant must be brought before the court without unnecessary delay and the court shall conduct a hearing and determine bail in accordance with 46-9-311.   (5) As used in this section, "pretrial services agency" means a government agency or a private entity under contract with a local government whose employees have the minimum training required in 46-23-1003 and that is designated by a district court, justice's court, municipal court, or city court to provide services pending a trial.   History: En. 95-1107 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1107; amd. Sec. 12, Ch. 262, L. 1993; amd. Sec. 1, Ch. 332, L. 2001.
MT Code § 46-9-506 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 9. Bail|Part 5. Conditions of Bail -- Violation Thereof|46-9-506. through 46-9-509 reserved

  46-9-506 through 46-9-509 reserved.
MT Code § 46-9-510 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 9. Bail|Part 5. Conditions of Bail -- Violation Thereof|46-9-510. Surrender of defendant

  46-9-510. Surrender of defendant. (1) At any time before the forfeiture of bail or within 90 days after forfeiture:   (a) the defendant may surrender to the court or any peace officer of this state; or   (b) the surety company may arrest the defendant and surrender the defendant to the court, any peace officer, or any detention center facility of this state.   (2) The peace officer or detention center facility shall detain the defendant in custody as upon commitment and shall file a certificate, acknowledging the surrender, in the court having jurisdiction of the defendant. The court shall then order the bail exonerated.   History: En. 95-1115 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1115; amd. Sec. 84, Ch. 800, L. 1991; Sec. 46-9-205, MCA 1989; redes. 46-9-510 by Code Commissioner, 1991; amd. Sec. 2, Ch. 420, L. 2003.
MT Code § 46-9-511 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 9. Bail|Part 5. Conditions of Bail -- Violation Thereof|46-9-511. Forfeiture procedure

  46-9-511. Forfeiture procedure. (1) When an order of forfeiture is not discharged, the court having jurisdiction shall proceed with the forfeiture of bail as follows:   (a) if money has been posted as bail in a misdemeanor case, as defined in 45-2-101, the court shall pay the money to the treasury of the city or county where the money was posted;   (b) if money has been posted as bail in a felony case, as defined in 45-2-101, the court shall pay the money to the department of revenue for deposit in the state general fund; or   (c) if other property is posted as a condition of release, the property must be sold in the same manner as property sold in civil actions. The proceeds of the sale must be used to satisfy all court costs and prior encumbrances, if any, and from the balance, a sufficient sum to satisfy the judgment or forfeiture must be paid as provided under subsection (1)(a) in a misdemeanor case or under subsection (1)(b) in a felony case.   (2) If a surety bond has been posted as bail, execution may be issued against the sureties or the surety company in the same manner as executions in civil actions.   History: En. Sec. 85, Ch. 800, L. 1991; amd. Sec. 1, Ch. 35, L. 2005.
MT Code § 46-9-512 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 9. Bail|Part 5. Conditions of Bail -- Violation Thereof|46-9-512. Use of forfeited bail as restitution

  46-9-512. Use of forfeited bail as restitution. (1) If the court enters a judgment declaring bail to be forfeited or if the order of forfeiture is not discharged, the court having jurisdiction may order the bail forfeited to be paid as restitution to any victim of the offense for which the court has received bail. Whenever the court believes that restitution may be proper, the court shall order a hearing for the purpose of considering the nature and extent of the victim's pecuniary loss as defined by law.   (2) If the court finds that restitution is appropriate, the court shall order restitution in an amount not exceeding the amount of the victim's complaint or the amount of the victim's pecuniary loss.   (3) An order to require restitution is a judgment against the defendant and the defendant's sureties, and the court may order the restitution to be made by payment of money deposited as bail. Any balance of the bail money must be disposed of in the same manner as provided in 46-9-511.   (4) A determination or decision under this section is not admissible as evidence in any other civil action and is not res judicata in any civil action.   History: En. 95-1117 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1117; amd. Sec. 1, Ch. 132, L. 1985; amd. Sec. 1, Ch. 142, L. 1989; amd. Sec. 86, Ch. 800, L. 1991; Sec. 46-9-504, MCA 1989; redes. 46-9-512 by Code Commissioner, 1991.
MT Code § 46-10-101 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 10. Preliminary Examination|Part 1. General Provisions|46-10-101. Repealed

  46-10-101. Repealed. Sec. 263, Ch. 800, L. 1991.   History: En. 95-1201 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1201.
MT Code § 46-10-102 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 10. Preliminary Examination|Part 1. General Provisions|46-10-102. Renumbered 46-10-106

  46-10-102. Renumbered 46-10-106. Code Commissioner, 1991.
MT Code § 46-10-103 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 10. Preliminary Examination|Part 1. General Provisions|46-10-103. and 46-10-104 reserved

  46-10-103 and 46-10-104 reserved.
MT Code § 46-10-105 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 10. Preliminary Examination|Part 1. General Provisions|46-10-105. Preliminary examination -- when held

  46-10-105. Preliminary examination -- when held. After the initial appearance, in all cases in which the charge is triable in district court, the justice's court shall, within a reasonable time, hold a preliminary examination unless:   (1) the defendant waives a preliminary examination;   (2) the district court has granted leave to file an information;   (3) an indictment has been returned; or   (4) the case is triable in justice's court.   History: En. 95-902 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-902(part); amd. Sec. 89, Ch. 800, L. 1991; Sec. 46-7-103, MCA 1989; redes. 46-10-105 by Code Commissioner, 1991.
MT Code § 46-10-106 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 10. Preliminary Examination|Part 1. General Provisions|46-10-106. Waiver

  46-10-106. Waiver. If the defendant waives the preliminary examination, the judge shall hold the defendant to answer to the court having jurisdiction of the offense.   History: En. 95-1202 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1202(b); amd. Sec. 9, Ch. 116, L. 1979; amd. Sec. 90, Ch. 800, L. 1991; Sec. 46-10-102, MCA 1989; redes. 46-10-106 by Code Commissioner, 1991.
MT Code § 46-10-201 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 10. Preliminary Examination|Part 2. Procedure at Preliminary Examination|46-10-201. Repealed

  46-10-201. Repealed. Sec. 49, Ch. 262, L. 1993.   History: En. 95-1202 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1202(c); amd. Sec. 10, Ch. 116, L. 1979; amd. Sec. 260, Ch. 800, L. 1991.
MT Code § 46-10-202 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 10. Preliminary Examination|Part 2. Procedure at Preliminary Examination|46-10-202. Presentation of evidence

  46-10-202. Presentation of evidence. (1) The defendant may not enter a plea. The judge shall hear the evidence without unnecessary delay. All witnesses must be examined in the presence of the defendant. The defendant may cross-examine witnesses against the defendant and may introduce evidence in the defendant's own behalf. For purposes of this section, a preliminary examination conducted by the use of two-way electronic audio-video communication that allows all of the participants to be observed and heard by all other participants and that allows the defendant to cross-examine witnesses is considered to be an examination of a witness in the presence of the defendant. Two-way electronic audio-video communication may not be used unless the defendant's counsel is physically present with the defendant, unless this requirement is waived by the defendant.   (2) During the examination of a witness or when the defendant is making a statement or testifying, the judge may, and on the request of the defendant or state shall, exclude all other witnesses. The judge may also cause the witnesses to be kept separate and to be prevented from communicating with each other until all are examined.   (3) An objection to evidence on the ground that it has been acquired by unlawful means is not properly made at the preliminary examination. Motions to suppress must be made to the trial court as provided in 46-13-302.   (4) For purposes of a hearing under this chapter, a defendant may, in the discretion of the court, appear before the court either by physical appearance or by two-way electronic audio-video communication. The audio-video communication must operate so that the defendant and the judge can see each other simultaneously and converse with each other, so that the defendant and the defendant's counsel, if any, can communicate privately, and so that the defendant and the defendant's counsel are both physically present in the same place during the two-way electronic audio-video communication. The defendant may waive the requirement that counsel be in the defendant's physical presence during the two-way electronic audio-video communication. A judge may order a defendant's physical appearance in court for a preliminary examination.   History: En. Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1202(part), 95-1203; amd. Sec. 11, Ch. 116, L. 1979; amd. Sec. 4, Ch. 710, L. 1991; amd. Sec. 91, Ch. 800, L. 1991; amd. Sec. 13, Ch. 262, L. 1993.
MT Code § 46-10-203 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 10. Preliminary Examination|Part 2. Procedure at Preliminary Examination|46-10-203. Disposition of defendant

  46-10-203. Disposition of defendant. (1) If from the evidence it appears that there is probable cause to believe that an offense has been committed and that the defendant committed it, the judge shall hold the defendant to answer to the court having jurisdiction of the offense.   (2) If it appears from the evidence that there is insufficient probable cause to believe that an offense has been committed or that the defendant committed it, the judge shall dismiss the complaint and discharge the defendant. The discharge of the defendant may not preclude the state from instituting a subsequent prosecution for the same offense.   History: En. 95-1202 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1202(part); amd. Sec. 12, Ch. 116, L. 1979; amd. Sec. 92, Ch. 800, L. 1991.
MT Code § 46-10-204 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 10. Preliminary Examination|Part 2. Procedure at Preliminary Examination|46-10-204. Record of preliminary examination

  46-10-204. Record of preliminary examination. (1) The testimony of each witness must be taken by a court-appointed stenographer upon demand by the county attorney, the defendant, or the defendant's counsel.   (2) After concluding the proceeding, if the judge holds the defendant to answer a charge, the judge shall transmit immediately to the clerk of the court having jurisdiction of the offense all papers in the proceeding and any bail taken by the judge.   History: En. 95-1202 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1202(d); amd. Sec. 13, Ch. 116, L. 1979; amd. Sec. 93, Ch. 800, L. 1991.
MT Code § 46-11-101 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 11. Commencement of Prosecution|Part 1. Methods of Commencing Prosecution|46-11-101. Methods of commencing prosecution

  46-11-101. Methods of commencing prosecution. A prosecution may be commenced by:   (1) a complaint;   (2) an information following a preliminary examination or waiver of a preliminary examination;   (3) an information after leave of court has been granted; or   (4) an indictment upon a finding by a grand jury.   History: En. 95-1501 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1501; amd. Sec. 94, Ch. 800, L. 1991.
MT Code § 46-11-102 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 11. Commencement of Prosecution|Part 1. Methods of Commencing Prosecution|46-11-102. Required methods

  46-11-102. Required methods. (1) All prosecutions of offenses charged in a district court must be by indictment or information.   (2) All other prosecutions of offenses must be by complaint.   History: En. 95-1502 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 18, Ch. 184, L. 1977; R.C.M. 1947, 95-1502; amd. Sec. 95, Ch. 800, L. 1991.