2017 Montana Legislature

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HOUSE BILL NO. 40

INTRODUCED BY K. ABBOTT

BY REQUEST OF THE DEPARTMENT OF MILITARY AFFAIRS

 

AN ACT ALLOWING CONFIDENTIAL CRIMINAL JUSTICE INFORMATION RELATING TO A MEMBER OF THE NATIONAL GUARD TO BE DISSEMINATED TO THE ADJUTANT GENERAL OR THE ADJUTANT GENERAL'S DESIGNEE UNDER CERTAIN CIRCUMSTANCES; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

 

     Section 1.  Access to confidential criminal justice information. The adjutant general or the adjutant general's designee may request from a prosecutor or a law enforcement agency confidential criminal justice information, as defined in 44-5-103, relating to a member of the national guard for use in an administrative action. If the prosecutor or law enforcement agency determines that dissemination of the requested confidential criminal justice information would not jeopardize a pending investigation or other criminal proceeding, the prosecutor or the investigating law enforcement agency may disseminate the information to the adjutant general or the adjutant general's designee.

 

     Section 2.  Codification instruction. [Section 1] is intended to be codified as an integral part of Title 10, chapter 1, part 1, and the provisions of Title 10, chapter 1, part 1, apply to [section 1].

 

     Section 3.  Effective date. [This act] is effective on passage and approval.

- END -

 


Latest Version of HB 40 (HB0040.ENR)
Processed for the Web on February 2, 2017 (5:32pm)

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