AN ACT AMENDING LAW ENFORCEMENT RESERVE OFFICER RESIDENCY REQUIREMENTS; ADDING A SPECIAL SERVICES OFFICER CATEGORY TO THE LAWS GOVERNING LOCAL LAW ENFORCEMENT RESERVE AND AUXILIARY OFFICERS; AND AMENDING SECTIONS 7-32-201, 7-32-203, AND 7-32-234, MCA.

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

Section 1. Reserve officer change in residency. A reserve officer may change permanent residency to another county and remain a member of the reserve officer unit to which the reserve officer was appointed provided that:

(1) the statutory basic training requirements have been met;

(2) the probationary period established by the law enforcement agency is completed; and

(3) approval for continuing membership is granted by the chief law enforcement administrator controlling the reserve unit.

Section 2. Special services officers -- authorization -- role. (1) Special services officers:

(a) are subordinate to full-time law enforcement officers;

(b) must be supervised by a law enforcement officer;

(c) shall complete specialized training and must possess specialized skills required by the chief law enforcement administrator; and

(d) may be authorized by the chief law enforcement administrator to carry a weapon while on assigned duty only upon successful completion of training in the laws and procedures governing use of force and upon demonstration of proficiency with that weapon.

(2) A local government may authorize special services officers only on the orders and at the direction of the chief law enforcement administrator of the local government.

Section 3. Section 7-32-201, MCA, is amended to read:

"7-32-201. Definitions. As used in this part, the following definitions apply:

(1) "Auxiliary officer" means an unsworn, part-time, volunteer member of a law enforcement agency who may perform but is not limited to the performance of such functions as civil defense, search and rescue, office duties, crowd and traffic control, and crime prevention activities.

(2) "General law enforcement duties" means patrol operations performed for detection, prevention, and suppression of crime and the enforcement of criminal and traffic codes of this state and its local governments.

(3) "Law enforcement agency" means a law enforcement service provided directly by a local government.

(4) "Law enforcement officer" means a sworn, full-time, employed member of a law enforcement agency who is a peace officer as defined in 46-1-202 and has arrest authority as described in 46-6-210.

(5) "Reserve officer" means a sworn, part-time, volunteer member of a law enforcement agency who is a peace officer as defined in 46-1-202 and has arrest authority as described in 46-6-210 only when authorized to perform these functions as a representative of the law enforcement agency.

(6) "Special services officer" means an unsworn, part-time, volunteer member of a law enforcement agency who may perform functions, other than general law enforcement duties, that require specialized skills, training, and qualifications, who may be required to train with a firearm, and who may carry a firearm while on assigned duty as provided in [section 2]."

Section 4. Section 7-32-203, MCA, is amended to read:

"7-32-203. Provision of workers' compensation coverage. (1) Each law enforcement agency that utilizes reserve officers or special services officers shall provide full workers' compensation coverage for the officers while they are providing actual service for a law enforcement agency. The law enforcement agencies shall pay to the insurer an appropriate premium, as established by the insurer, to cover the insurance risk of providing coverage to the officers.

(2) Each law enforcement agency that utilizes auxiliary officers shall provide full workers' compensation coverage for the officers while they are providing actual service for a law enforcement agency."

Section 5. Section 7-32-234, MCA, is amended to read:

"7-32-234. Exceptions. Provisions of 7-32-211, 7-32-213, and 7-32-214 do not apply to auxiliary officers, to special services officers, to sworn volunteer peace officers who are not assigned to general law enforcement duties, or to members of a posse organized to quell public disturbance or domestic violence in accordance with 7-32-2121(6)."

Section 6. Codification instruction. [Sections 1 and 2] are intended to be codified as an integral part of Title 7, chapter 32, part 2, and the provisions of Title 7, chapter 32, part 2, apply to [sections 1 and 2].

- END -

I hereby certify that the within bill,

SB 0001, originated in the Senate.

Secretary of the Senate

President of the Senate

Signed this	day

of	, .

Speaker of the House

Signed this	day

of	, .

SENATE BILL NO. 1

INTRODUCED BY D. MAHLUM

AN ACT AMENDING LAW ENFORCEMENT RESERVE OFFICER RESIDENCY REQUIREMENTS; ADDING A SPECIAL SERVICES OFFICER CATEGORY TO THE LAWS GOVERNING LOCAL LAW ENFORCEMENT RESERVE AND AUXILIARY OFFICERS; AND AMENDING SECTIONS 7-32-201, 7-32-203, AND 7-32-234, MCA.