AN ACT CLARIFYING THAT AFTER A VERDICT OR FINDING OF GUILTY, A COURT MAY ORDER A NEW TRIAL IF REQUIRED IN THE INTEREST OF JUSTICE; AND AMENDING SECTION 46-16-702, MCA.

WHEREAS, in State v. Brummer, 1998 MT 11, __ Mont. __, 953 P.2d 250, 55 St. Rep. 30 (1998), the Montana Supreme Court determined that section 46-16-702, MCA, created an ambiguity as to whether a court could order a new trial sua sponte.

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

Section 1. Section 46-16-702, MCA, is amended to read:

"46-16-702. Motion for a new trial. (1) Following a verdict or finding of guilty, the court may grant the defendant a new trial if required in the interest of justice. A new trial may be ordered by the court without a motion or may be granted after motion and hearing.

(2) The motion for a new trial must be in writing and must specify the grounds for a new trial. The motion must be filed by the defendant within 30 days following a verdict or finding of guilty and be served upon the prosecution.

(3) On hearing the motion for a new trial, if justified by law and the weight of the evidence, the court may:

(a) deny the motion;

(b) grant a new trial; or

(c) modify or change the verdict or finding by finding the defendant guilty of a lesser included offense or finding the defendant not guilty."

- END -

I hereby certify that the within bill,

SB 0416, 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. 416

INTRODUCED BY L. GROSFIELD

BY REQUEST OF THE SENATE JUDICIARY STANDING COMMITTEE

AN ACT CLARIFYING THAT AFTER A VERDICT OR FINDING OF GUILTY, A COURT MAY ORDER A NEW TRIAL IF REQUIRED IN THE INTEREST OF JUSTICE; AND AMENDING SECTION 46-16-702, MCA.