HOUSE BILL NO. 204
INTRODUCED BY J. SHOCKLEY
AN ACT AUTHORIZING CERTAIN COURT FINANCIAL ACCOUNTS TO BE KEPT IN INTEREST-BEARING ACCOUNTS IN FINANCIAL INSTITUTIONS, WITH THE INTEREST TO BE USED TO HELP DEFRAY THE COURT'S ADMINISTRATION COSTS; INCREASING THE ALLOWABLE NUMBER OF JUSTICES OF THE PEACE; INCREASING THE DOLLAR AMOUNT JURISDICTION OF JUSTICES' COURTS TO $7,000; PROVIDING THAT IF A REQUIRED UNDERTAKING IS NOT FILED WITHIN 10 DAYS AFTER A NOTICE OF APPEAL IS FILED, THE COURT FROM WHICH THE APPEAL WAS TAKEN SHALL DISMISS THE NOTICE OF APPEAL; REVISING CRIMINAL JURISDICTION OF JUSTICES' COURTS; AND AMENDING SECTIONS 3-10-101, 3-10-301, AND 3-10-303, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Court financial accounts. Except for accounts kept in the state treasury or a county treasury, each financial account kept by a court may be kept in an interest-bearing account in a financial institution. The interest earned on the interest-bearing account must be used to help defray the administrative costs of the court.
Section 2. Dismissal for failure to timely file required undertaking. If an undertaking required by this part is not filed within 10 days after the filing of a notice of appeal, the court from which the appeal was taken shall dismiss the notice of appeal.
Section 3. Section 3-10-101, MCA, is amended to read:
"3-10-101. Number and location of justices' courts -- authorization to combine with city court. (1) There must be at least one justice's court in each county of the state, which must be located at the county seat. The board of county commissioners shall designate the number of justices in each justice's court.
(2) The board of county commissioners of each county of the state shall have authority to constitute may establish:
(a) as it considers necessary, one additional justice's court which may be located anywhere in the county; and
(b) one additional justice's court located in each city having a population of over 5,000, as provided in subsection (3).
(3) A city having a population of over 5,000 may, by resolution, request the board of county commissioners to
constitute a justice's court in the city. A justice's court shall must be established in the city if the board of county
commissioners approves the request by resolution.
(4) A justice of the peace of a court constituted established pursuant to subsection (3) may act as the city judge upon
passage of a city ordinance authorizing such the action and upon approval of the ordinance by resolution of the board of
county commissioners. If such an the ordinance and such a resolution are passed, the city and the county shall enter into an
agreement for proportionate payment of the justice's salary, as established under 3-10-207 and 3-11-202, and for
proportionate reimbursement for the use of facilities."
Section 4. Section 3-10-301, MCA, is amended to read:
"3-10-301. Civil jurisdiction. (1) Except as provided in 3-11-103 and in subsection (2) of this section, the justices' courts have jurisdiction:
(a) in actions arising on contract for the recovery of money only if the sum claimed does not exceed $5,000 $7,000,
exclusive of court costs;
(b) in actions for damages not exceeding $5,000 $7,000, exclusive of court costs, for taking, detaining, or injuring
personal property or for injury to real property when no issue is raised by the verified answer of the defendant involving the
title to or possession of the real property;
(c) in actions for damages not exceeding $5,000 $7,000, exclusive of court costs, for injury to the person, except that, in
actions for false imprisonment, libel, slander, criminal conversation, seduction, malicious prosecution, determination of
paternity, and abduction, the justice of the peace does not have jurisdiction;
(d) in actions to recover the possession of personal property if the value of the property does not exceed $5,000 $7,000;
(e) in actions for a fine, penalty, or forfeiture not exceeding $5,000 $7,000, imposed by a statute or an ordinance of an
incorporated city or town when no issue is raised by the answer involving the legality of any tax, impost, assessment, toll,
or municipal fine;
(f) in actions upon bonds or undertakings conditioned for the payment of money when the sum claimed does not exceed
$5,000 $7,000, though the penalty may exceed that sum;
(g) to take and enter judgment for the recovery of money on the confession of a defendant when the amount confessed
does not exceed $5,000 $7,000, exclusive of court costs;
(h) to issue temporary restraining orders, as provided in 40-4-121, and orders of protection, as provided in Title 40, chapter 15.
(2) Justices' courts do not have jurisdiction in civil actions that might result in a judgment against the state for the payment of money."
Section 5. Section 3-10-303, MCA, is amended to read:
"3-10-303. Criminal jurisdiction. (1) The justices' courts have jurisdiction of public offenses committed within the respective counties in which the courts are established as follows:
(1)(a) except as provided in subsection (2), jurisdiction of all misdemeanors punishable by a fine not exceeding $500 or
imprisonment not exceeding 6 months, or both;
(2)(b) jurisdiction of all misdemeanor violations of fish and game statutes punishable by a fine of not more than $1,000
or imprisonment for not more than 6 months, or both;
(3)(c) concurrent jurisdiction with district courts of all misdemeanors punishable by a fine exceeding $500 or
imprisonment exceeding 6 months, or both;
(4)(d) concurrent jurisdiction with district courts of all misdemeanor violations of fish and game statutes punishable by
a fine exceeding $1,000 or imprisonment exceeding 6 months, or both;
(5)(e) jurisdiction to act as examining and committing courts and for that purpose to conduct preliminary hearings;
(6)(f) jurisdiction of all violations of Title 61, chapter 10; and
(7)(g) all misdemeanor violations of Title 81, chapter 8, part 2.
(2) In any county that has established a drug court, the district court, with the consent of all judges of the courts of limited jurisdiction in the county, has concurrent jurisdiction of all misdemeanors punishable by a fine not exceeding $500 or imprisonment not exceeding 6 months, or both."
Section 6. Codification instruction. (1) [Section 1] is intended to be codified as an integral part of Title 3, chapter 1, part 1, and the provisions of Title 3, chapter 1, part 1, apply to [section 1].
(2) [Section 2] is intended to be codified as an integral part of Title 25, chapter 33, part 2, and the provisions of Title 25 apply to [section 2].
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