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HOUSE BILL NO. 499
INTRODUCED BY S. FITZPATRICK, N. SWANDAL
A BILL FOR AN ACT ENTITLED: "AN ACT REVISING LAWS RELATED TO PROCESS SERVERS; ALLOWING PROCESS SERVERS LIMITED ACCESS TO PRIVATE PROPERTY TO EXECUTE SERVICE OF PROCESS; PROVIDING THAT A PROCESS SERVER MAY NOT BE HELD LIABLE IN A CIVIL OR CRIMINAL TRESPASS ACTION; AND AMENDING SECTION 45-6-203, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Duties of process servers -- limited access to private property. (1) A person who is a registered process server as described in 25-1-1101 must be granted limited access to private property for a reasonable period of time in order to execute service of process. A process server may not enter a residence or structure of the property owner, and entry onto private property must be reasonable and necessary to execute service.
(2) A process server acting within the course and scope of the process server's duties:
(a) may not be held liable in a civil action for entering private property; and
(b) is not subject to the provisions of 45-6-203 for criminal trespass to property.
Section 2. Section 45-6-203, MCA, is amended to read:
"45-6-203. Criminal trespass to property. (1) Except as provided in 15-7-139, [section 1], 70-16-111, and 76-13-116, a person commits the offense of criminal trespass to property if the person knowingly:
(a) enters or remains unlawfully in an occupied structure; or
(b) enters or remains unlawfully in or upon the premises of another.
(2) A person convicted of the offense of criminal trespass to property shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.
(3) A person convicted of or who forfeits bond or bail for committing an act of criminal trespass involving property owned or administered by the department of fish, wildlife, and parks or while hunting, fishing, or trapping may be subject to revocation of the person's privilege to hunt, fish, or trap in this state for up to 24 months from the date of conviction or forfeiture."
NEW SECTION. Section 3. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 25, chapter 3, part 2, and the provisions of Title 25, chapter 3, part 2, apply to [section 1].
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Latest Version of HB
499 (HB0499.02)
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