reglab/housing_qa huggingface dataset:
MT Code § 46-3-206 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 3. Venue|Part 2. Venue for Certain Specific Crimes (Repealed)|46-3-206. Repealed

  46-3-206. Repealed. Sec. 263, Ch. 800, L. 1991.   History: En. 95-412 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-412.
MT Code § 46-4-101 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 4. Investigative Procedures|Part 1. Investigation of Death -- Autopsy|46-4-101. Jurisdiction -- death and cause of death in different counties

  46-4-101. Jurisdiction -- death and cause of death in different counties. (1) The coroner of the county where a dead human body is found has jurisdiction if:   (a) the place of death is unknown;   (b) the dead human body was shipped into the county without proper permits; or   (c) the death occurred while the deceased was in transit in the state.   (2) When death occurs as a direct result of acts or events that occurred in another county, the coroner of the county where the acts or events causing death occurred has jurisdiction. If a coroner that has jurisdiction of a death fails to act, the state medical examiner has jurisdiction.   (3) A county coroner has primary jurisdiction in the county in which the coroner is appointed or elected to serve. However, a qualified coroner may serve in another county upon the request of the coroner or county attorney of that county. A coroner may travel to another county to inquire into a death pursuant to 46-4-122.   History: En. 95-812 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-812; amd. Sec. 13, Ch. 660, L. 1991; amd. Sec. 1729, Ch. 56, L. 2009.
MT Code § 46-4-102 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 4. Investigative Procedures|Part 1. Investigation of Death -- Autopsy|46-4-102. Repealed

  46-4-102. Repealed. Sec. 21, Ch. 660, L. 1991.   History: En. 95-801 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 24, Ch. 530, L. 1977; R.C.M. 1947, 95-801.
MT Code § 46-4-103 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 4. Investigative Procedures|Part 1. Investigation of Death -- Autopsy|46-4-103. Postmortem examination -- when conducted, scope

  46-4-103. Postmortem examination -- when conducted, scope. (1) If in the opinion of the coroner a postmortem examination is advisable, the coroner shall order one performed on any dead human body for which the death requires an inquiry and shall retain a medical examiner or associate medical examiner to perform it. Performance of postmortem examinations is within the discretion of the coroner except that the county attorney or attorney general may require one. Consent of the family or next of kin of the deceased is not required for a postmortem examination that is ordered by the coroner, county attorney, or attorney general. In ordering a postmortem examination, the coroner, county attorney, or attorney general shall order the body to be exhumed if it has been interred.   (2) The right to conduct a postmortem examination includes the right to retain specimens the medical examiner performing the postmortem examination considers necessary.   (3) The department of justice shall pay any expenses incurred whenever a postmortem examination or investigation is initiated at the request of the state medical examiner or attorney general. The county shall pay any expenses incurred whenever a postmortem examination, investigation, or inquiry is initiated at the request of the county attorney or county coroner.   (4) If a county does not provide a morgue or other facility for postmortem examination, the county coroner may order the use of a funeral home or an appropriate hospital facility for the examination.   (5) Postmortem examinations performed under this section on a decedent whose death is under investigation and who has made an anatomical gift or on whose behalf an anatomical gift has been made must be performed in accordance with 72-17-217 and 72-17-218.   (6) (a) A postmortem examination must be performed by the state medical examiner or a deputy state medical examiner whenever the death occurred:   (i) while the decedent was incarcerated in a prison or confined to a correctional or detention facility owned or operated by the state or a political subdivision of the state; or   (ii) while the decedent was being pursued, apprehended, or taken into custody by, or while in the custody of, any law enforcement agency or peace officer.   (b) If a death under subsection (6)(a) occurred while the decedent was under medical care, a state or deputy state medical examiner must be consulted and the need for further examination determined on a case-by-case basis.   (7) The department of justice shall pay any expenses related to postmortem examinations performed under subsection (6).   History: En. 95-802 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 104, Ch. 349, L. 1974; amd. Sec. 25, Ch. 530, L. 1977; R.C.M. 1947, 95-802; amd. Sec. 14, Ch. 660, L. 1991; amd. Sec. 1, Ch. 345, L. 2007; amd. Sec. 4, Ch. 194, L. 2017.
MT Code § 46-4-104 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 4. Investigative Procedures|Part 1. Investigation of Death -- Autopsy|46-4-104. Liability of mortuary or physician

  46-4-104. Liability of mortuary or physician. A mortuary owner or person employed in a mortuary is not liable for the acts of the coroner performed in the removal of a body to a mortuary or during the course of an autopsy on that body. No criminal or civil action may arise against a licensed physician for performing an autopsy authorized by this chapter or for performing an autopsy on request of a federal officer investigating a death within a federal jurisdiction.   History: En. 95-813 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-813; amd. Sec. 2, Ch. 492, L. 1985; amd. Sec. 12, Ch. 800, L. 1991.
MT Code § 46-4-105 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 4. Investigative Procedures|Part 1. Investigation of Death -- Autopsy|46-4-105. Medical examiner state special revenue account

  46-4-105. Medical examiner state special revenue account. (1) There is an account in the state special revenue fund established by 17-2-102 to be known as the medical examiner account.   (2) Fees for services rendered pursuant to 46-4-103 or other fees acquired by the medical examiner system must be deposited in the account.   (3) Funds in the account may be used only for the operation and administration of state forensic laboratories.   History: En. Sec. 2, Ch. 384, L. 2017; amd. Sec. 1, Ch. 40, L. 2019.
MT Code § 46-4-106 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 4. Investigative Procedures|Part 1. Investigation of Death -- Autopsy|46-4-106. through 46-4-109 reserved

  46-4-106 through 46-4-109 reserved.
MT Code § 46-4-110 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 4. Investigative Procedures|Part 1. Investigation of Death -- Autopsy|46-4-110. Powers of coroner

  46-4-110. Powers of coroner. In the performance of duties under this chapter, the coroner may:   (1) pronounce the fact of death of any human being under circumstances in which the coroner has a duty to inquire pursuant to 46-4-122;   (2) certify and amend death certificates as considered necessary in circumstances under which the coroner has a duty to inquire pursuant to 46-4-122;   (3) issue subpoenas pursuant to 46-4-112;   (4) order postmortem examinations as provided in 46-4-103;   (5) conduct examinations and tests as considered necessary to determine the cause, manner, and circumstances of death and identification of a dead human body as provided in 46-4-101 and 46-4-113;   (6) order a dead human body to be disinterred or removed from its place of disposition, with or without the consent of the next of kin, under circumstances in which the coroner has a duty to inquire pursuant to 46-4-122;   (7) conduct inquests pursuant to 46-4-201; and   (8) order cessation of any activity by any person or agency, other than the law enforcement agency having jurisdiction, that may obstruct or hinder the orderly conduct of an inquiry or the collection of information or evidence needed for an inquiry.   History: En. Sec. 2, Ch. 660, L. 1991; amd. Sec. 1730, Ch. 56, L. 2009; amd. Sec. 5, Ch. 194, L. 2017.
MT Code § 46-4-111 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 4. Investigative Procedures|Part 1. Investigation of Death -- Autopsy|46-4-111. Coroner's authority to seize and preserve evidence

  46-4-111. Coroner's authority to seize and preserve evidence. (1) A county coroner may enter any room, dwelling, building, or other place in which the coroner has probable cause to believe that a dead human body or evidence of the circumstances of a death that requires investigation may be found. If refused entry, a coroner who is investigating a death pursuant to the coroner's authority may apply to a judge authorized to issue search warrants for a warrant to enter the premises and to search for and seize evidence of the cause of a death, including a dead human body.   (2) The application for a search warrant must:   (a) state facts sufficient to show probable cause that a human body or evidence of the circumstances of death is present in the place to be searched;   (b) particularly describe the place to be searched; and   (c) particularly describe the things to be seized.   (3) To preserve evidence of the cause of death, a coroner may:   (a) place under the coroner's custody and control any dwelling, building, item, vehicle, aircraft, railroad engine or train, vessel, enclosure, or open area for a period of not more than 10 days; and   (b) forbid entrance by an unauthorized person into any area specified in subsection (3)(a).   (4) A person may not enter an area that is restricted pursuant to subsection (3) without the permission of the coroner or the law enforcement agency having jurisdiction if there is also a criminal investigation in progress.   History: En. Sec. 1, Ch. 660, L. 1991; amd. Sec. 1731, Ch. 56, L. 2009.
MT Code § 46-4-112 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 4. Investigative Procedures|Part 1. Investigation of Death -- Autopsy|46-4-112. Subpoenaing of witnesses and documents

  46-4-112. Subpoenaing of witnesses and documents. (1) In an inquiry or inquest, a coroner may:   (a) issue subpoenas for witnesses as provided in 46-4-203; and   (b) issue subpoenas commanding the production of books, records, papers, documents, and other objects as may be necessary and proper to the inquiry or inquest.   (2) Any material subpoenaed pursuant to subsection (1)(b) is confidential criminal justice information, as defined in 44-5-103, and public access to the information may be obtained only in accordance with 44-5-303. However, any material produced at an inquest is public information.   (3) Disobedience of a subpoena issued under 46-4-203 or this section is punishable in the same manner as disobedience of a subpoena issued by a justice of the peace as provided in Title 3, chapter 10, part 4.   History: En. Sec. 7, Ch. 660, L. 1991.
MT Code § 46-4-113 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 4. Investigative Procedures|Part 1. Investigation of Death -- Autopsy|46-4-113. Examinations and tests

  46-4-113. Examinations and tests. The coroner may direct a properly qualified expert to conduct any test or examination that the coroner reasonably believes is necessary to determine the cause, manner, and circumstances of a death or to identify a dead human body. The coroner may also require examination by the next of kin or any other person when necessary to identify a dead human body.   History: En. Sec. 8, Ch. 660, L. 1991; amd. Sec. 1732, Ch. 56, L. 2009.
MT Code § 46-4-114 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 4. Investigative Procedures|Part 1. Investigation of Death -- Autopsy|46-4-114. Reporting fetal deaths

  46-4-114. Reporting fetal deaths. A licensed nurse, a midwife, a physician assistant, an emergency care provider, a birthing assistant, or any other person who assists in the delivery that occurs outside a licensed medical facility of a fetus that is believed or declared to be dead shall report the death by the earliest means available to the coroner of the county in which the death occurred.   History: En. Sec. 6, Ch. 660, L. 1991; amd. Sec. 22, Ch. 519, L. 2005; amd. Sec. 13, Ch. 220, L. 2019.
MT Code § 46-4-115 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 4. Investigative Procedures|Part 1. Investigation of Death -- Autopsy|46-4-115. through 46-4-119 reserved

  46-4-115 through 46-4-119 reserved.
MT Code § 46-4-120 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 4. Investigative Procedures|Part 1. Investigation of Death -- Autopsy|46-4-120. Notification of finding human remains

  46-4-120. Notification of finding human remains. A person who finds a dead human body or fetus or remains that appear to be human shall immediately report this fact to the county coroner by telephone or by the fastest available means of communication.   History: En. Sec. 1, Ch. 287, L. 1993.
MT Code § 46-4-121 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 4. Investigative Procedures|Part 1. Investigation of Death -- Autopsy|46-4-121. Inquiry defined

  46-4-121. Inquiry defined. For the purposes of this part, an inquiry by a county coroner is an informal examination of a death and its attendant circumstances to determine whether:   (1) an inquest, which is a formal inquiry, should be held;   (2) the reporting physician should certify the death;   (3) any further action or examination should be made concerning a death; or   (4) there is anything unusual or remarkable about a death that may warrant further action by the county attorney or the law enforcement agency that has jurisdiction.   History: En. Sec. 3, Ch. 660, L. 1991.
MT Code § 46-4-122 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 4. Investigative Procedures|Part 1. Investigation of Death -- Autopsy|46-4-122. Human deaths requiring inquiry by coroner -- rulemaking

  46-4-122. Human deaths requiring inquiry by coroner -- rulemaking. (1) The coroner shall inquire into and determine the cause and manner of death and all circumstances surrounding a human death:  (a) that was caused or is suspected to have been caused:   (i) in any degree by an injury, either recent or remote in origin;   (ii) by the deceased or any other person that was the result of an act or omission, including but not limited to:   (A) a criminal or suspected criminal act;   (B) a medically suspicious death, unusual death, or death of unknown circumstances, including any fetal death; or   (C) an accidental death; or   (iii) by an agent, disease, or medical condition that poses a threat to public health;   (b) whenever the death occurred:   (i) while the deceased was incarcerated in a prison or confined to a correctional or detention facility owned and operated by the state or a political subdivision of the state;   (ii) while the deceased was being pursued, apprehended, or taken into custody by, or while in the custody of, any law enforcement agency or a peace officer;   (iii) during or as a result of the deceased's employment;   (iv) less than 24 hours after the deceased was admitted to a medical facility or if the deceased was dead upon arrival at a medical facility; or   (v) in a manner that was unattended or unwitnessed and the deceased was not attended by a physician at any time in the 30-day period prior to death;   (c) if the dead human body is to be cremated or shipped into the state and lacks proper medical certification or burial or transmit permits; or   (d) that occurred under suspicious circumstances.   (2) In the case of a fetal death inquiry, the department of justice shall adopt rules governing the respectful transportation to and delivery of the fetus to the location where the autopsy will be performed. The rules must require that a fetus be transported in a crush-proof container that is labeled with the words "fragile--human remains inside".   History: En. Sec. 4, Ch. 660, L. 1991; amd. Sec. 2, Ch. 287, L. 1993; amd. Sec. 6, Ch. 194, L. 2017; amd. Sec. 5, Ch. 123, L. 2021.
MT Code § 46-4-123 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 4. Investigative Procedures|Part 1. Investigation of Death -- Autopsy|46-4-123. Inquiry report

  46-4-123. Inquiry report. (1) The coroner shall make a full report of the facts discovered in all human deaths requiring an inquiry under the provisions of 46-4-122.  (2) The inquiry report must be:   (a) made using the Montana coroner death management system, if implemented and operational by the local agency;   (b) initiated within 24 hours after the death investigation; and   (c) completed as promptly as reasonable and commensurate with the availability of investigation information, excluding confidential criminal justice information and any other investigative material not necessary to determine cause or manner of death until the case is closed or charges are filed.   (3) The coroner and the medical examiner must each have access to the system. The coroner shall make a copy of the system inquiry report available to the county attorney.   History: En. Sec. 5, Ch. 660, L. 1991; amd. Sec. 1, Ch. 268, L. 2007; amd. Sec. 6, Ch. 123, L. 2021.
MT Code § 46-4-201 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 4. Investigative Procedures|Part 2. Inquests|46-4-201. Inquest -- definition -- when held -- how conducted

  46-4-201. Inquest -- definition -- when held -- how conducted. (1) An inquest is a formal inquiry into the causes of and circumstances surrounding the death of a person and is conducted by the coroner before a coroner's jury.   (2) The coroner may hold an inquest only if requested to do so by the county attorney of the county in which death occurred or by the county attorney of the county in which the acts or events causing death occurred. However, the county attorney shall order the coroner to hold an inquest if the death of a person occurs:   (a) in a prison, jail, or other correctional facility and is not caused by the terminal condition, as defined in 50-9-102, of, or the execution of a death penalty upon, the person while the person is incarcerated in the prison, jail, or other correctional facility because of conviction of a criminal offense. This subsection (2)(a) applies to a death caused by a terminal condition only if the person was under medical care at the time of death.   (b) while a person is being taken into custody or is in the custody of a peace officer or if the death is caused by a peace officer, except when criminal charges have been or will be filed.   (3) If an inquest is held, the proceedings are public. The coroner shall conduct the inquest with the aid and assistance of the county attorney. The coroner shall, and the county attorney may, examine each witness, after which the witness may be examined by the jurors. The inquest must be held in accordance with this part.   (4) (a) A coroner who also serves as a peace officer may not conduct an inquest into the death of a person who:   (i) died in a prison, jail, or other correctional facility;   (ii) died while in the custody of a peace officer; or   (iii) was killed by a peace officer.   (b) If a coroner is disqualified under subsection (4)(a), the county attorney shall request a qualified coroner of a neighboring county to conduct the inquest. The expenses of a coroner fulfilling the request, including salary, must be paid by the requesting county.   History: Ap. p. Sec. 1, Ch. 196, L. 1967; amd. Sec. 1, Ch. 250, L. 1975; Sec. 95-803, R.C.M. 1947; Ap. p. Sec. 1, Ch. 196, L. 1967; Sec. 95-809, R.C.M. 1947; R.C.M. 1947, 95-803(part), 95-809; amd. Sec. 1, Ch. 343, L. 1983; amd. Sec. 15, Ch. 660, L. 1991; amd. Sec. 1, Ch. 478, L. 1997.
MT Code § 46-4-202 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 4. Investigative Procedures|Part 2. Inquests|46-4-202. Summoning and swearing in of jurors -- instructions

  46-4-202. Summoning and swearing in of jurors -- instructions. (1) When holding an inquest, the coroner shall summon a jury of at least 6 but not more than 12 persons qualified by law to serve as jurors and selected at random from a list of eligible jurors that is furnished to the coroner annually by the county clerk of court.   (2) The jury selected by the coroner must be sworn by the coroner to inquire who the person was and when, where, and by what means the person died and into the circumstances attending the person's death and to render a true verdict on the death according to the evidence offered to them or arising from the inspection of the body.   (3) The coroner shall instruct the jurors as to their duties.   History: (1)En. 95-803 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 1, Ch. 250, L. 1975; Sec. 95-803, R.C.M. 1947; (2)En. 95-804 by Sec. 1, Ch. 196, L. 1967; Sec. 95-804, R.C.M. 1947; R.C.M. 1947, 95-803(part), 95-804; amd. Sec. 2, Ch. 343, L. 1983; amd. Sec. 16, Ch. 660, L. 1991; amd. Sec. 1733, Ch. 56, L. 2009.
MT Code § 46-4-203 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 4. Investigative Procedures|Part 2. Inquests|46-4-203. Coroner's subpoena

  46-4-203. Coroner's subpoena. Upon the request of the county attorney, a coroner shall issue subpoenas for witnesses, returnable immediately or at a time and place the coroner may designate, that may be served by any competent person.   History: En. 95-805 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-805; amd. Sec. 1, Ch. 116, L. 1979; amd. Sec. 15, Ch. 800, L. 1991.
MT Code § 46-4-204 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 4. Investigative Procedures|Part 2. Inquests|46-4-204. Repealed

  46-4-204. Repealed. Sec. 21, Ch. 660, L. 1991.   History: En. 95-806 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-806; amd. Sec. 3, Ch. 343, L. 1983.
MT Code § 46-4-205 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 4. Investigative Procedures|Part 2. Inquests|46-4-205. Verdict of jury -- form

  46-4-205. Verdict of jury -- form. The jury may view the body, and the county attorney may require the jury to view the body. The jury shall review the death scene and may do so by videotape, photographs, or slide transparencies. After viewing the body and the death scene and hearing the testimony, the jury shall render its verdict, which must be by majority vote, and certify the verdict in writing signed by each juror. The verdict must set forth:   (1) who the deceased person is;   (2) when and where the deceased died;   (3) if the deceased died by criminal means; and   (4) if the deceased was killed or the deceased's death was occasioned by the act of another by criminal means, who committed the act, if known. If the jury finds that the death was not by criminal means, that fact must be stated on the verdict form.   History: En. 95-807 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-807; amd. Sec. 17, Ch. 660, L. 1991; amd. Sec. 1734, Ch. 56, L. 2009.
MT Code § 46-4-206 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 4. Investigative Procedures|Part 2. Inquests|46-4-206. Recording and filing of testimony and proceedings

  46-4-206. Recording and filing of testimony and proceedings. Testimony before a coroner's jury must be given under oath. The testimony of the witnesses examined and proceedings before the coroner's jury must be recorded and transcribed by a competent stenographer appointed by the coroner. The record of the inquest and the verdict of the jury must be filed by the coroner in the office of the clerk of the district court of the county in which the inquest was held. The expenses of recording and transcribing must be paid by the county upon claims duly rendered and certified to by the coroner in the same manner as other claims against the county are paid.   History: En. 95-808 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-808; amd. Sec. 18, Ch. 660, L. 1991.