reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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) a surety bail bond insurance producer licensed to sell, solicit, or negotiate commercial bail bonds pursuant to Title 33, chapter 17, may arrest the defendant pursuant to 46-6-508 and surrender the defendant to the court, any peace officer, or any detention center facility of this state. Any arrest or surrender pursuant to this subsection (1) must be reported to the commissioner of insurance on a form and in a manner to be determined by the commissioner.
(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; amd. Sec. 7, Ch. 592, L. 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 11. Commencement of Prosecution › Part 1. Methods of Commencing Prosecution › 46-11-110. Filing complaint

46-11-110. Filing complaint.
When a complaint is presented to a court charging a person with the commission of an offense, the court shall examine the sworn complaint or any affidavits, if filed, to determine whether probable cause exists to allow the filing of a charge.
History: En. Sec. 96, Ch. 800, L. 1991; amd. Sec. 14, Ch. 262, L. 1993.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 11. Commencement of Prosecution › Part 1. Methods of Commencing Prosecution › 46-11-111. Amending complaint

46-11-111. Amending complaint.
A court may allow a complaint to be amended under the same circumstances and in the same manner as an information as provided in 46-11-205.
History: En. Sec. 97, Ch. 800, L. 1991; amd. Sec. 52, Ch. 18, L. 1995.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 11. Commencement of Prosecution › Part 2. Filing of Information › 46-11-201. Leave to file information

46-11-201. Leave to file information.
(1) The prosecutor may apply directly to the district court for permission to file an information against a named defendant. If the defendant named is a district court judge, the prosecutor shall apply directly to the supreme court for leave to file the information.
(2) An application must be by affidavit supported by evidence that the judge or chief justice may require. If it appears that there is probable cause to believe that an offense has been committed by the defendant, the judge or chief justice shall grant leave to file the information, otherwise the application is denied.
(3) When leave to file an information has been granted, a warrant or summons may issue for the defendant's arrest or appearance.
(4) When leave is granted to file an information against a district court judge, the chief justice shall designate and direct a judge of the district court of another district to preside at the trial of the information and hear and determine all pleas and motions affecting the defendant under the information before and after judgment. All necessary records must be transferred to the clerk of the district court of the district in which the action arose.
History: En. 95-1301 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1301(a), (b); amd. Sec. 98, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 11. Commencement of Prosecution › Part 2. Filing of Information › 46-11-202. Repealed

46-11-202. Repealed.
Sec. 263, Ch. 800, L. 1991.
History: En. 95-1301 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1301(c).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 11. Commencement of Prosecution › Part 2. Filing of Information › 46-11-203. Time for filing information

46-11-203. Time for filing information.
(1) After a finding of probable cause following a preliminary examination or waiver of a preliminary examination or after leave of court has been granted, the prosecutor shall file within 30 days in the proper district court an information charging the defendant with the offense or any other offense supported by probable cause.
(2) Unless good cause to the contrary is shown, the court shall dismiss the prosecution if an information is not filed within 30 days as required in subsection (1).
History: En. 95-1302 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1302; amd. Sec. 100, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 11. Commencement of Prosecution › Part 2. Filing of Information › 46-11-204. Repealed

46-11-204. Repealed.
Sec. 263, Ch. 800, L. 1991.
History: En. 95-1303 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1303.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 11. Commencement of Prosecution › Part 2. Filing of Information › 46-11-205. Amending information as to substance or form

46-11-205. Amending information as to substance or form.
(1) The court may allow an information to be amended in matters of substance at any time, but not less than 5 days before trial, provided that a motion is filed in a timely manner, states the nature of the proposed amendment, and is accompanied by an affidavit stating facts that show the existence of probable cause to support the charge as amended. A copy of the proposed amended information must be included with the motion to amend the information.
(2) If the court grants leave to amend the information, the defendant must be arraigned on the amended information without unreasonable delay and must be given a reasonable period of time to prepare for trial on the amended information.
(3) The court may permit an information to be amended as to form at any time before a verdict or finding is issued if no additional or different offense is charged and if the substantial rights of the defendant are not prejudiced.
History: En. 95-1505 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 1, Ch. 431, L. 1977; R.C.M. 1947, 95-1505; amd. Sec. 1, Ch. 62, L. 1981; amd. Sec. 99, Ch. 800, L. 1991; Sec. 46-11-403, MCA 1989; redes. 46-11-205 by Code Commissioner, 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 11. Commencement of Prosecution › Part 3. Grand Jury › 46-11-301. Summoning grand jury

46-11-301. Summoning grand jury.
(1) A grand jury may only be drawn and summoned when the district judge, in the judge's discretion, considers a grand jury to be in the public interest and orders the grand jury to be drawn or summoned. The composition and drawing of a grand jury must be in accordance with the provisions of Title 3, chapter 15, part 6.
(2) The district judge may direct the selection of one or more alternate jurors, who shall sit as regular jurors before an indictment is found or a grand jury investigation is concluded. A member of the jury who becomes unable to perform the juror's duty may be replaced by an alternate.
History: En. 95-1401 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 1, Ch. 3, L. 1973; R.C.M. 1947, 95-1401(part); amd. Sec. 101, Ch. 800, L. 1991; amd. Sec. 1743, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 11. Commencement of Prosecution › Part 3. Grand Jury › 46-11-302. Challenges to grand jury or grand jurors

46-11-302. Challenges to grand jury or grand jurors.
(1) The prosecutor may challenge the panel of a grand jury on the ground that the grand jury was not selected, drawn, or summoned according to law and may challenge an individual juror on the ground that the juror is not legally qualified. Challenges must be made before the administration of the oath of the jurors, may be oral or in writing, and must be tried and decided by the court.
(2) At any time for cause shown, the district court may excuse or discharge a juror either temporarily or permanently, and in the latter event, the court may impanel another person in place of the juror discharged.
(3) A motion to dismiss the indictment may be based on the ground that the grand jury was not selected, drawn, or summoned according to law or that an individual juror was not legally qualified. An indictment may not be dismissed on the ground that one or more members are not legally qualified if it appears from the record kept pursuant to this part that eight or more jurors, after deducting those not legally qualified, concurred in finding the indictment.
History: En. 95-1402 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 2, Ch. 3, L. 1973; R.C.M. 1947, 95-1402; amd. Sec. 102, Ch. 800, L. 1991; amd. Sec. 15, Ch. 262, L. 1993.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 11. Commencement of Prosecution › Part 3. Grand Jury › 46-11-303. Lead juror

46-11-303. Lead juror.
The district court shall appoint one of the jurors to be lead juror. The lead juror has the power to administer oaths or affirmations and shall sign all indictments. The lead juror or another juror designated by the lead juror shall keep a record of the number of jurors concurring in the finding of every indictment and shall file the record with the clerk of court, but the record may not be made public except on order of the district court.
History: En. 95-1403 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1403; amd. Sec. 103, Ch. 800, L. 1991; amd. Sec. 1744, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 11. Commencement of Prosecution › Part 3. Grand Jury › 46-11-304. Appointing special prosecutor

46-11-304. Appointing special prosecutor.
When the county attorney or attorney general is the subject of a grand jury investigation, the district court shall appoint a special prosecutor. If a special prosecutor is appointed, the county attorney's or attorney general's office may not participate in an official capacity, but staff members may appear as witnesses.
History: En. Sec. 104, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 11. Commencement of Prosecution › Part 3. Grand Jury › 46-11-307. Closed hearing

46-11-307. Closed hearing.
Subject to any right to an open hearing in contempt proceedings, the court shall order a hearing on matters affecting a grand jury proceeding to be closed. This requirement may not affect a defendant's discovery rights after the filing of the indictment.
History: En. Sec. 106, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 11. Commencement of Prosecution › Part 3. Grand Jury › 46-11-308. Who may be present

46-11-308. Who may be present.
The prosecutor, witnesses, interpreters, and a stenographer or operator of a recording device used for the purpose of taking the evidence may be present while the grand jury is in session. No person other than the jurors may be present while the grand jury is deliberating or voting.
History: En. Sec. 111, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 11. Commencement of Prosecution › Part 3. Grand Jury › 46-11-310. Duties of grand jurors

46-11-310. Duties of grand jurors.
The grand jury shall inquire into those matters as directed by the court summoning the jury and shall inquire into other matters as presented by the prosecutor.
History: En. Sec. 107, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 11. Commencement of Prosecution › Part 3. Grand Jury › 46-11-311. Charge to grand jury

46-11-311. Charge to grand jury.
When a grand jury is impaneled and sworn, it must be charged by the judge who summoned it. In making the charge, the district court shall instruct the jury as to its duties and the matters that jurors may consider. The prosecutor may bring additional matters before the grand jury that are consistent with the original charge or that are developed during the proceedings.
History: En. 95-1404 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1404(a); amd. Sec. 105, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 11. Commencement of Prosecution › Part 3. Grand Jury › 46-11-312. Repealed

46-11-312. Repealed.
Sec. 263, Ch. 800, L. 1991.
History: En. Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1404(part), 95-1405(a) thru (e).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 11. Commencement of Prosecution › Part 3. Grand Jury › 46-11-313. Subpoena of witnesses

46-11-313. Subpoena of witnesses.
(1) A subpoena requiring the attendance of a witness before the grand jury may be signed and issued by the county attorney, by the lead juror of the grand jury, or by the judge of the district court.
(2) The fees and mileage of witnesses subpoenaed pursuant to this section must be the same as those for witnesses in criminal actions.
(3) All provisions relating to subpoenas in criminal actions apply to subpoenas issued pursuant to this section, including the provisions of Title 46, chapter 15, part 1.
History: En. 95-1407 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 16, Ch. 184, L. 1977; R.C.M. 1947, 95-1407; amd. Sec. 108, Ch. 800, L. 1991; amd. Sec. 1745, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 11. Commencement of Prosecution › Part 3. Grand Jury › 46-11-314. Reception of evidence

46-11-314. Reception of evidence.
In the investigation of a charge, the grand jury shall receive no other evidence than that given by witnesses produced and sworn before it or that furnished by legal evidence or the deposition of a witness.
History: En. 95-1408 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 17, Ch. 184, L. 1977; R.C.M. 1947, 95-1408(1), (2); amd. Sec. 109, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 11. Commencement of Prosecution › Part 3. Grand Jury › 46-11-315. Advice and assistance to grand jury

46-11-315. Advice and assistance to grand jury.
(1) The grand jury may at all times ask the advice of the judge. Unless advice is asked, the judge may not be present during the sessions of the grand jury.
(2) The prosecutor may at all times appear before the grand jury for the purpose of giving information or advice relative to any matter cognizable by the grand jury and may interrogate witnesses before the grand jury whenever the prosecutor finds it necessary.
(3) Subject to the approval of the district court, the county attorney may employ a special prosecutor, investigators, interpreters, and experts at agreed-upon compensation to be first approved by the court.
History: En. 95-1406 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 15, Ch. 184, L. 1977; R.C.M. 1947, 95-1406(1) thru (4); amd. Sec. 110, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 11. Commencement of Prosecution › Part 3. Grand Jury › 46-11-316. Recorded proceedings

46-11-316. Recorded proceedings.
(1) The grand jury shall either appoint a stenographer to take in shorthand the testimony of witnesses or the testimony must be taken by a recording device, but the record so made must include the testimony of all witnesses on that particular investigation.
(2) The stenographic reporter or operator of a recording device shall, within 30 days after an indictment has been found, certify and file with the clerk of the district court the shorthand notes or the recordings made and an original transcript of the notes or recordings.
(3) An unintentional failure of any recording to reproduce all or any portion of a proceeding may not affect the validity of the prosecution.
History: En. 95-1406 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 15, Ch. 184, L. 1977; R.C.M. 1947, 95-1406(5); amd. Sec. 112, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 11. Commencement of Prosecution › Part 3. Grand Jury › 46-11-317. Secrecy of proceedings -- disclosure

46-11-317. Secrecy of proceedings -- disclosure.
(1) Disclosure of matters occurring before the grand jury other than its deliberations and the vote of any juror may be made to any prosecutor or investigator of this state and prosecutors or investigators from any other state or the federal government for use in the performance of the prosecutor's or investigator's duty.
(2) A grand juror, an interpreter, a stenographer, an operator of a recording device, a typist who transcribes recorded testimony, or the prosecutor may not disclose matters occurring before the grand jury except as otherwise permitted by Title 46. An obligation of secrecy may not be imposed on a person except in accordance with this section. A knowing violation of this section may be punishable as contempt of court.
(3) Disclosure otherwise prohibited by this section of matters occurring before the grand jury may be made:
(a) if directed by the district court prior to or in combination with a judicial proceeding;
(b) when permitted by the district court at the request of the defendant, upon a showing that grounds may exist for a motion to dismiss the indictment because of matters occurring before the grand jury; or
(c) when permitted by the district court, to a defendant pursuant to a proper discovery motion.
History: En. 95-1409 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1409; amd. Sec. 113, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 11. Commencement of Prosecution › Part 3. Grand Jury › 46-11-318. Discharge of grand jury

46-11-318. Discharge of grand jury.
When the grand jury certifies the completion of business before it and the district court concurs, the grand jury must be discharged by the district court.
History: En. 95-1404 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1404(part); amd. Sec. 114, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 11. Commencement of Prosecution › Part 3. Grand Jury › 46-11-319. Expenses of grand jury

46-11-319. Expenses of grand jury.
(1) Except as provided in subsection (2), all expenses of the grand jury, including expenses for special prosecutors, experts, investigators, and interpreters, if any, must be paid by the county. The treasurer of the county shall pay the expenses out of the general fund of the county or out of the district court fund, if any, upon warrants drawn by the county auditor or by the clerk of district court upon a written order of the judge of the district court of the county.
(2) The state shall pay the expenses of juror and witness fees and witness expenses as provided in 3-5-901 and 3-5-902.
History: En. 95-1405 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1405(f); amd. Sec. 4, Ch. 66, L. 1985; amd. Sec. 12, Ch. 680, L. 1985; amd. Sec. 115, Ch. 800, L. 1991; amd. Sec. 42, Ch. 585, L. 2001.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 11. Commencement of Prosecution › Part 3. Grand Jury › 46-11-331. Finding indictment

46-11-331. Finding indictment.
(1) The grand jury shall find an indictment when all the evidence before it taken together would in its judgment warrant a conviction by a trial jury. An indictment may be found only upon the concurrence of at least eight grand jurors.
(2) If a complaint or information is pending against the defendant and eight jurors do not concur in finding an indictment, the lead juror shall report the decision to the district court judge.
History: (1)En. 95-1408 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 17, Ch. 184, L. 1977; Sec. 95-1408, R.C.M. 1947; (2)En. 95-1410 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 3, Ch. 3, L. 1973; Sec. 95-1410, R.C.M. 1947; R.C.M. 1947, 95-1408(3), 95-1410(a); amd. Sec. 116, Ch. 800, L. 1991; amd. Sec. 1746, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 11. Commencement of Prosecution › Part 3. Grand Jury › 46-11-332. Presenting the indictment

46-11-332. Presenting the indictment.
(1) An indictment, when found by the grand jury, must be signed by and presented by the lead juror to the district court in the presence of the grand jury and must be filed with the clerk. The district court shall then issue an arrest warrant or summons for the defendant.
(2) If a complaint or information is pending against the defendant and eight jurors do not concur in finding an indictment, the lead juror shall report the decision to the district court judge.
History: En. 95-1410 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 3, Ch. 3, L. 1973; R.C.M. 1947, 95-1410(b); amd. Sec. 117, Ch. 800, L. 1991; amd. Sec. 16, Ch. 262, L. 1993; amd. Sec. 1747, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 11. Commencement of Prosecution › Part 3. Grand Jury › 46-11-333. Repealed

46-11-333. Repealed.
Sec. 263, Ch. 800, L. 1991.
History: En. 95-1410 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 3, Ch. 3, L. 1973; R.C.M. 1947, 95-1410(c), (d).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 11. Commencement of Prosecution › Part 4. The Charge › 46-11-401. Form of charge

46-11-401. Form of charge.
(1) The charge must be in writing and in the name of the state or the appropriate county or municipality and must specify the court in which the charge is filed. The charge must be a plain, concise, and definite statement of the offense charged, including the name of the offense, whether the offense is a misdemeanor or felony, the name of the person charged, and the time and place of the offense as definitely as can be determined. The charge must state for each count the official or customary citation of the statute, rule, regulation, or other provision of law that the defendant is alleged to have violated.
(2) If the charge is by information or indictment, it must include endorsed on the information or indictment the names of the witnesses for the prosecution, if known.
(3) If the charge is by complaint, it must be signed by a sworn peace officer, under oath by a person having knowledge of the facts, or by the prosecutor.
(4) If the charge is by information, it must be signed by the prosecutor. If the charge is by indictment, it must be signed by the lead juror of the grand jury.
(5) The court, on motion of the defendant, may strike surplusage from an indictment or information.
(6) A charge may not be dismissed because of a formal defect that does not tend to prejudice a substantial right of the defendant.
History: En. 95-1503 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1503(a) thru (e); amd. Sec. 118, Ch. 800, L. 1991; amd. Sec. 17, Ch. 262, L. 1993; amd. Sec. 1, Ch. 389, L. 2001; amd. Sec. 1748, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 11. Commencement of Prosecution › Part 4. The Charge › 46-11-402. Repealed

46-11-402. Repealed.
Sec. 263, Ch. 800, L. 1991.
History: En. 95-1503 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1503(f).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 11. Commencement of Prosecution › Part 4. The Charge › 46-11-404. Joinder of offenses and defendants

46-11-404. Joinder of offenses and defendants.
(1) Two or more offenses or different statements of the same offense may be charged in the same charging document in a separate count, or alternatively, if the offenses charged, whether felonies or misdemeanors or both, are of the same or similar character or are based on the same transactions connected together or constituting parts of a common scheme or plan. Allegations made in one count may be incorporated by reference in another count.
(2) If two or more charging documents are filed in the case, the court may order them to be consolidated.
(3) The prosecution is not required to elect between the different offenses set forth in the charging document, and the defendant may be convicted of any number of the offenses charged except as provided in 46-11-410. Each offense of which the defendant is convicted must be stated in the verdict or the finding of the court.
(4) Two or more defendants may be charged in the same indictment, information, or complaint if they are alleged to have participated in the same transaction constituting an offense or offenses. The defendants may be charged in one or more counts together or separately, and all of the defendants need not be charged in each count.
History: En. 95-1504 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 19, Ch. 184, L. 1977; R.C.M. 1947, 95-1504(1) thru (4); amd. Sec. 119, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 11. Commencement of Prosecution › Part 4. The Charge › 46-11-405. Discharge of codefendant

46-11-405. Discharge of codefendant.
(1) When two or more persons are included in the same charge, the court may, at any time before the defendants have gone into their defense, on the application of the prosecutor, direct any defendant to be discharged so that the defendant may be a witness for the prosecution.
(2) When two or more persons are included in the same indictment or information and the court is of the opinion that in regard to a particular defendant there is not sufficient evidence to require the defendant to put on a defense, the court must order that defendant to be discharged before the evidence is closed so that the discharged defendant may be a witness for the codefendant.
History: En. Sec. 187, p. 245, Bannack Stat.; re-en. Sec. 308, p. 237, Cod. Stat. 1871; re-en. Sec. 308, 3d Div. Rev. Stat. 1879; re-en. Sec. 309, 3d Div. Comp. Stat. 1887; amd. Secs. 2075, 2076, Pen. C. 1895; re-en. Secs. 9276, 9277, Rev. C. 1907; re-en. Secs. 11974, 11975, R.C.M. 1921; Cal. Pen. C. Secs. 1099, 1100; re-en. Secs. 11974, 11975, R.C.M. 1935; Secs. 94-7206, 94-7207, R.C.M. 1947; redes. 95-1504(d) and (e) by Sec. 29, Ch. 513, L. 1973; amd. Sec. 19, Ch. 184, L. 1977; R.C.M. 1947, 95-1504(5), (6); amd. Sec. 18, Ch. 262, L. 1993.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 11. Commencement of Prosecution › Part 4. The Charge › 46-11-410. Multiple charges

46-11-410. Multiple charges.
(1) When the same transaction may establish the commission of more than one offense, a person charged with the conduct may be prosecuted for each offense.
(2) A defendant may not, however, be convicted of more than one offense if:
(a) one offense is included in the other;
(b) one offense consists only of a conspiracy or other form of preparation to commit the other;
(c) inconsistent findings of fact are required to establish the commission of the offenses;
(d) the offenses differ only in that one is defined to prohibit a specific instance of the conduct; or
(e) the offense is defined to prohibit a continuing course of conduct and the defendant's course of conduct was interrupted, unless the law provides that the specific periods of the conduct constitute separate offenses.
History: En. 95-1711 by Sec. 6, Ch. 513, L. 1973; amd. Sec. 25, Ch. 184, L. 1977; R.C.M. 1947, 95-1711(2); amd. Sec. 120, Ch. 800, L. 1991; Sec. 46-11-502, MCA 1989; redes. 46-11-410 by Code Commissioner, 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 11. Commencement of Prosecution › Part 5. Effect of Former Prosecutions › 46-11-501. Repealed

46-11-501. Repealed.
Sec. 263, Ch. 800, L. 1991.
History: En. 95-1711 by Sec. 6, Ch. 513, L. 1973; amd. Sec. 25, Ch. 184, L. 1977; R.C.M. 1947, 95-1711(1).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 11. Commencement of Prosecution › Part 5. Effect of Former Prosecutions › 46-11-503. Prosecution based on same transaction barred by former prosecution

46-11-503. Prosecution based on same transaction barred by former prosecution.
(1) When two or more offenses are known to the prosecutor, are supported by probable cause, and are consummated prior to the original charge and jurisdiction and venue of the offenses lie in a single court, a prosecution is barred if:
(a) the former prosecution resulted in an acquittal. There is an acquittal whenever the prosecution results in a finding of not guilty by the trier of fact or in a determination that there is insufficient evidence to warrant a conviction. A finding of guilty of a lesser included offense that is subsequently set aside is an acquittal of the greater offense that was charged.
(b) the former prosecution resulted in a conviction that has not been set aside, reversed, or vacated;
(c) after a charge had been filed, the prosecution was terminated by a final order or judgment for the defendant that has not been set aside, reversed, or vacated; or
(d) the former prosecution was terminated for reasons not amounting to an acquittal and takes place:
(i) in a jury trial, when the jury is impaneled and sworn; or
(ii) in a nonjury trial, after the first witness is sworn but before a judgment as to guilt or innocence is reached.
(2) A prosecution based upon the same transaction as a former prosecution is not barred under subsection (1)(d) when:
(a) the defendant consents to the termination or waives the right to object to the termination; or
(b) the trial court finds that the termination is necessary because:
(i) it is physically impossible to proceed with the trial in conformity with law;
(ii) there is a legal defect in the proceedings that would make any judgment entered upon a verdict reversible as a matter of law;
(iii) prejudicial conduct makes it impossible to proceed with the trial without manifest injustice to either the defendant or the state;
(iv) the jury is unable to agree upon a verdict; or
(v) false statements of a juror on voir dire prevent a fair trial.
History: En. 95-1711 by Sec. 6, Ch. 513, L. 1973; amd. Sec. 25, Ch. 184, L. 1977; R.C.M. 1947, 95-1711(3); amd. Sec. 121, Ch. 800, L. 1991; amd. Sec. 1, Ch. 110, L. 1999.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 11. Commencement of Prosecution › Part 5. Effect of Former Prosecutions › 46-11-504. Former prosecution in another jurisdiction

46-11-504. Former prosecution in another jurisdiction.
When conduct constitutes an offense within the jurisdiction of any state or federal court, a prosecution in any jurisdiction is a bar to a subsequent prosecution in this state if:
(1) the first prosecution resulted in an acquittal or in a conviction and the subsequent prosecution is based on an offense arising out of the same transaction; or
(2) the former prosecution was terminated, after the charge had been filed, by an acquittal or by a final order or judgment for the defendant that has not been set aside, reversed, or vacated and the acquittal, final order, or judgment necessarily required a determination inconsistent with a fact that must be established for conviction of the offense for which the defendant is subsequently prosecuted.
History: En. 95-1711 by Sec. 6, Ch. 513, L. 1973; amd. Sec. 25, Ch. 184, L. 1977; R.C.M. 1947, 95-1711(4); amd. Sec. 122, Ch. 800, L. 1991; amd. Sec. 1, Ch. 162, L. 1997.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 11. Commencement of Prosecution › Part 5. Effect of Former Prosecutions › 46-11-505. Former prosecution not a bar

46-11-505. Former prosecution not a bar.
A prosecution is not a bar if:
(1) the former prosecution was before a court that lacked jurisdiction over the defendant or the offense; or
(2) the former prosecution resulted in a judgment of conviction that was held invalid in a postconviction hearing.
History: En. 95-1711 by Sec. 6, Ch. 513, L. 1973; amd. Sec. 25, Ch. 184, L. 1977; R.C.M. 1947, 95-1711(5); amd. Sec. 123, Ch. 800, L. 1991.