House Bill No. 292

Introduced By grady, beck, clark, cole

A Bill for an Act entitled: "An Act providing that, in certain circumstances, a peace officer appointed as a reserve officer may retain basic certification issued by the board of crime control FOR CERTIFICATION OF A PEACE OFFICER WHO LEAVES FULL-TIME OR PART-TIME EMPLOYMENT AND GOES ON ACTIVE RESERVE STATUS OR RETURNS TO FULL-TIME OR PART-TIME EMPLOYMENT."

Be it enacted by the Legislature of the State of Montana:

NEW SECTION. Section 1.  Retention of basic certification by peace officer appointed as reserve officer. (1) A peace officer, as defined in 7-32-303, who has been issued a basic certificate by the board of crime control and whose last employment as a peace officer was less than 36 months prior to the date of the person's present appointment as a reserve officer is not required to fulfill the basic education requirements of 7-32-303(5)(a) in order to retain the peace officer's basic certification issued by the board of crime control.

(2) If the peace officer's last date of employment as a peace officer was 36 months or more but less than 60 months prior to the date of appointment as a reserve officer, the peace officer may satisfy the basic education requirements of 7-32-303(5)(a) and retain basic certification issued by the board of crime control by passing a basic equivalency test administered by the Montana law enforcement academy and by successfully completing a legal training course conducted by the academy.

NEW SECTION. SECTION 1.  CERTIFICATION OF PEACE OFFICER WHO LEAVES FULL-TIME OR PART-TIME EMPLOYMENT. A PEACE OFFICER WHO LEAVES FULL-TIME OR PART-TIME EMPLOYMENT AND ENTERS AN ACTIVE RESERVE STATUS WITHIN 36 TO 60 MONTHS RETAINS BASIC CERTIFICATION STATUS AFTER ENTERING RESERVE STATUS FOR AS LONG AS THE PEACE OFFICER REMAINS AN ACTIVE RESERVE OFFICER. IF 36 OR MORE MONTHS HAVE PASSED SINCE THE PEACE OFFICER'S LAST FULL-TIME OR PART-TIME EMPLOYMENT AND THE PEACE OFFICER RETURNS TO FULL-TIME OR PART-TIME EMPLOYMENT, THE PEACE OFFICER SHALL, UPON RETURN TO FULL-TIME OR PART-TIME EMPLOYMENT, COMPLY WITH 7-32-303(5)(C).

NEW SECTION. Section 2.  Codification instruction. [Section 1] is intended to be codified as an integral part of Title 7, chapter 32, part 2, and the provisions of Title 7, chapter 32, part 2, apply to [section 1].

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