AN ACT CLARIFYING THAT A DEFENDANT IS NOT LIMITED TO A SINGLE JURY TRIAL IN MISDEMEANOR CASES FILED IN A JUSTICE'S OR CITY COURT; AMENDING SECTIONS 46-7-102, 46-17-201, AND 46-17-311, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.

WHEREAS, in Woirhaye v. Montana Fourth Judicial District Court, 1998 MT 320, ___Mont.___, ___P.2d___ (1998), the Montana Supreme Court found that Chapter 129, Laws of 1997, impinges upon rights to a jury trial guaranteed by Article II, section 26, of the Montana Constitution.

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

Section 1. Section 46-7-102, MCA, is amended to read:

"46-7-102. Duty of court. (1) The judge shall inform the defendant:

(a) of the charge or charges against the defendant;

(b) of the defendant's right to counsel;

(c) of the defendant's right to have counsel assigned by a court of record in accordance with the provisions of 46-8-101;

(d) of the general circumstances under which the defendant may obtain pretrial release;

(e) of the defendant's right to refuse to make a statement and the fact that any statement made by the defendant may be offered in evidence at the defendant's trial; and

(f) of the defendant's right to a judicial determination of whether probable cause exists if the charge is made by a complaint alleging the commission of a felony

.

(2) The judge shall admit the defendant to bail as provided by law."

Section 2. Section 46-17-201, MCA, is amended to read:

"46-17-201. Juries in misdemeanor cases. (1) The parties in a misdemeanor case are entitled to a jury of six qualified persons but may agree to a number less than six at any time before the verdict.

(2) Upon consent of the parties, a trial by jury may be waived.

"

Section 3. Section 46-17-311, MCA, is amended to read:

"46-17-311. Appeal from justices', municipal, and city courts. (1) Except as provided in subsection (4) and except for cases in which legal issues are preserved for appeal pursuant to 46-12-204, all cases on appeal from a justice's or city court must be tried anew in the district court and may be tried before a jury of six selected in the same manner as for other criminal cases . An appeal from a municipal court to the district court is governed by 3-6-110.

(2) The defendant may appeal to the district court by filing written notice of intention to appeal within 10 days after a judgment is rendered following trial. In the case of an appeal by the prosecution, the notice must be filed within 10 days of the date that the order complained of is given. The prosecution may appeal only in the cases provided for in 46-20-103.

(3) Within 30 days of filing the notice of appeal, the court shall transfer the entire record of the court of limited jurisdiction to the district court.

(4) A defendant may appeal a justice's court or city court revocation of a suspended sentence to the district court. The district court judge shall determine whether the suspended sentence will be revoked. A jury trial is not available in a sentence revocation procedure."

Section 4. Effective date. [This act] is effective on passage and approval.

- END -

I hereby certify that the within bill,

SB 0190, 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. 190

INTRODUCED BY M. HALLIGAN

BY REQUEST OF THE SENATE JUDICIARY STANDING COMMITTEE

AN ACT CLARIFYING THAT A DEFENDANT IS NOT LIMITED TO A SINGLE JURY TRIAL IN MISDEMEANOR CASES FILED IN A JUSTICE'S OR CITY COURT; AMENDING SECTIONS 46-7-102, 46-17-201, AND 46-17-311, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.