2017 Montana Legislature

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HOUSE BILL NO. 79

INTRODUCED BY W. CURDY

BY REQUEST OF THE DEPARTMENT OF MILITARY AFFAIRS

 

AN ACT MODIFYING WHEN AN ORGANIZED MILITIA MEMBER OR INDIVIDUAL LAWFULLY CALLED, ORDERED, OR DRAFTED FOR DUTY IN THE ORGANIZED MILITIA MAY BE TURNED OVER TO CIVIL AUTHORITIES FOR TRIAL; ALLOWING THE ADJUTANT GENERAL OR THE ADJUTANT GENERAL'S DESIGNEE TO ORDER A SUSPECT TO BE TURNED OVER TO CIVIL AUTHORITIES FOR CHARGING AND TRIAL; AND AMENDING SECTION 10-1-408, MCA.

 

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

 

     Section 1.  Section 10-1-408, MCA, is amended to read:

     "10-1-408.  Trial by civil authority -- when authorized. In a case where the offense charged under investigation is also an offense against civil authority, the convening authority of a court-martial may, upon request of the civil authorities, adjutant general or the adjutant general's designee may order the person charged suspect to be turned over to the appropriate civil authorities of this state for charging and trial."

- END -

 


Latest Version of HB 79 (HB0079.ENR)
Processed for the Web on February 20, 2017 (5:34pm)

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