House Bill No. 325

Introduced By _______________________________________________________________________________



A Bill for an Act entitled: "An Act submitting to the qualified electors of montana an amendment to article II, section 20, of the montana constitution to require that a district judge order a grand jury upon petition by the people as provided by law."



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



Section 1. Article II, section 20, of The Constitution of the State of Montana is amended to read:

"Section 20.  Initiation of proceedings. (1)  Criminal offenses within the jurisdiction of any court inferior to the district court shall be prosecuted by complaint. All criminal actions in district court, except those on appeal, shall be prosecuted either by information, after examination and commitment by a magistrate or after leave granted by the court, or by indictment without such examination, commitment or leave.

(2)  A grand jury shall consist of eleven persons, of whom eight must concur to find an indictment. A grand jury shall be drawn and summoned only upon order of the district judge when petitioned by the people as provided by law or at the discretion and order of the district judge."



NEW SECTION. Section 2.  Submission to electorate. This amendment shall be submitted to the qualified electors of Montana at the general election to be held in November 1998 by printing on the ballot the full title of this act and the following:

[] FOR requiring a district judge to order a grand jury upon petition by the people as provided by law.

[] AGAINST requiring a district judge to order a grand jury upon petition by the people as provided by law.

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