2017 Montana Legislature

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HOUSE BILL NO. 320

INTRODUCED BY M. REGIER

 

A BILL FOR AN ACT ENTITLED: "AN ACT AUTHORIZING THE STATE TO APPEAL A DISMISSAL OF A CHARGE IN A CASE; AMENDING SECTION 46-20-103, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."

 

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

 

     Section 1.  Section 46-20-103, MCA, is amended to read:

     "46-20-103.  Scope of appeal by state. (1) Except as otherwise specifically authorized, the state may not appeal in a criminal case.

     (2)  The state may appeal from any court order or judgment the substantive effect of which results in:

     (a)  dismissing a case or a charge in a case;

     (b)  modifying or changing the verdict as provided in 46-16-702(3)(c);

     (c)  granting a new trial;

     (d)  quashing an arrest or search warrant;

     (e)  suppressing evidence;

     (f)  suppressing a confession or admission;

     (g)  granting or denying change of venue; or

     (h)  imposing a sentence that is contrary to law."

 

     NEW SECTION.  Section 2.  Effective date. [This act] is effective on passage and approval.

- END -

 


Latest Version of HB 320 (HB0320.01)
Processed for the Web on January 26, 2017 (3:50pm)

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